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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (4) | After paragraph 4(5) in the Schedule to the Prevention of Terrorism Act 2005 |
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| | | |
| | | “(6) | Nothing in this paragraph, or in rules of court made under it, is to be read |
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| | | as requiring the court to act in a manner inconsistent with the right to a |
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| | | fair hearing in Article 6 of the European Convention on Human Rights.”’. |
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| | |
| | | Control orders: obligation to give reasons |
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| | To move the following Clause:— |
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| | | ‘(1) | After subsection (4) of section 2 of the Prevention of Terrorism Act 2005 there is |
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| | | |
| | | “(4A) | A non-derogating control order must contain as full as possible an |
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| | | explanation of why the Secretary of State considers that the grounds in |
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| | | section 2(1) above are made out.”’. |
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| | | Control orders: obligation to provide gist of closed material |
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| | To move the following Clause:— |
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| | | ‘(1) | At the end of paragraph 4(3)(e) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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| | | | “and must require the Secretary of State to provide a summary of any |
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| | | material on which he intends to rely and on which fairness requires the |
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| | | controlled person to have an opportunity to comment.”’. |
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| | | Control orders: communications between special advocate and controlled person |
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| | To move the following Clause:— |
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| | | ‘After sub-paragraph 7(5) in the Schedule to the Prevention of Terrorism Act |
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| | | |
| | | “(5A) | Rules of court must secure that persons appointed under this paragraph |
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| | | may apply to a High Court judge, without notice to the Secretary of State, |
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| | | for permission to communicate with the controlled person after the |
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| | | service of closed material.”’. |
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| | |
| | | Control orders: proportionality of procedural protection |
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| | To move the following Clause:— |
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| | | ‘After subsection 3(11) of the Prevention of Terrorism Act 2005 there is |
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| | | |
| | | “(11A) | In a hearing to determine whether the Secretary of State’s decision is |
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| | | flawed, the controlled person is entitled to such measure of procedural |
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| | | protection as is commensurate with the gravity of the potential |
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| | | consequences of the order for the controlled person.”’. |
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| | | Control orders: power of special advocates to call expert witnesses |
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| | To move the following Clause:— |
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| | | ‘After paragraph 4(3)(e) of the Schedule to the Prevention of Terrorism Act 2005 |
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| | | |
| | | “(ea) | that, where permission is given by the relevant court not to |
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| | | disclose material, persons appointed under paragraph 7 may call |
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| | | witnesses to rebut the closed material.”’. |
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| | | Control orders: maximum duration |
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| | | |
| | To move the following Clause:— |
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| | | ‘After section 3 of the Prevention of Terrorism Act 2005 there is inserted— |
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| | | “3A | Duration of non-derogating control orders |
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| | | A non-derogating control order ceases to have effect at the end of the |
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| | | period of two years from the date on which it was made, unless there are |
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| | | exceptional circumstances justifying its renewal.”’. |
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| | | Collection of information: defences |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 58 of the Terrorism Act 2000 (c. 11) (collection of information) is |
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| |
| | | (2) | In subsection (3), at end insert— |
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| | | | “or that at the time of the alleged offence he did not know and had no |
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| | | reason to know that the information was of a kind likely to be useful to a |
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| | | person committing or preparing an act of terrorism or that at the time of |
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| | | the alleged offence it was in the public interest for him to collect or make |
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| | | a record of such information or for him to possess such a document or |
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| | | Disclosure and the intelligence services: safeguards |
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| | To move the following Clause:— |
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| | | ‘Information disclosed by virtue of sections 19(3)(c), 19(4)(d) or 19(5)(b) which |
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| | | has been obtained from authorities or persons outside England and Wales, must |
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| | | be accompanied by a statement— |
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| | | (a) | for section 19(3)(c), from the Director of the Security Service, |
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| | | (b) | for section 19(4(d), from the Chief of the Intelligence Service, |
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| | | (c) | for section 19(5)(b), from the Director of GCHQ, |
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| | | setting out the steps taken to ascertain the circumstances in which such |
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| | | information was obtained and that it had not been obtained by torture.’. |
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| | Page 3, line 12 [Clause 3], at end insert ‘and the taking of such steps necessary to |
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| | ensure that any information contained in the item is not allowed to prejudice the |
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| | investigation or trial of any person.’. |
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| | |
| | | |
| | Page 3, line 23 [Clause 4], leave out ‘as soon as is reasonably practicable’. |
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| | |
| | | |
| | Page 3, line 23 [Clause 4], at end insert— |
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| | | ‘( ) | The record must be made as soon as is reasonably practicable and in any event |
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| | | within the period of 24 hours beginning with the time when the document was |
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| | Page 4, line 13 [Clause 4], at end insert ‘and in any event within 24 hours.’. |
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| | Page 4, line 24 [Clause 5], at end insert ‘if satisfied that— |
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| | | (a) | the examination of the document is being carried out expeditiously, and |
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| | | (b) | it is necessary to continue the examination for the purpose of ascertaining |
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| | | whether the document is one that may be seized.’. |
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| | |
| | | |
| | Page 4, line 33 [Clause 6], at end insert— |
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| | | |
| | | (a) | a document is retained by virtue of section 5, and |
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| | | (b) | a request for a copy of the document is made to the officer in charge of |
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| | | the investigation by a person within subsection (2), |
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| | | | that person must be provided with a copy of the document within a reasonable |
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| | | time from the making of the request, subject to subsection (3).’. |
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| | |
| | | |
| | Page 4, line 34 [Clause 6], leave out ‘such a request’ and insert ‘a request under |
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| | | |
| | Page 5, line 1 [Clause 6], after ‘document’, insert ‘, or (as the case may be) refuse |
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| | to provide a copy of it,’. |
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| | |
| | | |
| | Page 5, line 9 [Clause 6], at end insert— |
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| | | ‘(3A) | Nothing in subsection (3) shall prevent the access to any item which is subject to |
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| | | legal privilege and which is retained by virtue of section 3(4) where such access |
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| | | is requested by any person mentioned in subsection (2).’. |
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| | |
| | | |
| | Page 5, line 18 [Clause 7], after ‘that’, insert ‘— |
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| | | (a) | a document may be copied for the purpose of providing a copy in |
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| | | response to a request under section 6(1A), and |
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| | | |
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| | | |
| | Page 5, line 21 [Clause 7], leave out ‘such copy’ and insert ‘copy under subsection |
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| | | |
| | Page 7, line 11 [Clause 10], leave out subsection (4). |
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| | Page 7, line 15 [Clause 10], after ‘taken’, insert ‘for a maximum period of five |
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| | Page 15, line 17 [Clause 19], at end insert— |
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| | | ‘(7A) | Nothing in this section shall authorise or require the disclosure of any information |
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| | | by a person who came into possession of that information in his capacity as a |
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| | | professional legal adviser and the information was obtained in any of the |
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| | | circumstances that are set out in sections 19(5) and (6) of the Terrorism Act |
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| | |
| | | |
| | Page 15, line 29 [Clause 20], at end insert ‘or |
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| | | |
| | | (i) | the Human Rights Act 1998 (c. 42), |
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| | | (ii) | the UN Convention Against Torture, or |
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| | |
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| | | (iii) | any other relevant international obligation concerning the |
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| | | disclosure and use of information.’. |
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| | |
| | | |
| | Page 15, line 33 [Clause 20], leave out subsection (4). |
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| | |
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| | | |
| | Page 17, line 12 [Clause 24], at end insert— |
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| | | ‘( ) | The questioning of a person under this section — |
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| | | (a) | must be authorised in the first instance by an officer of at least the rank |
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| | | of superintendant, and may be so authorised for a maximum of 24 hours |
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| | | |
| | | (b) | must subsequently be authorised by a justice of the peace, and may be so |
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| | | |
| | | (i) | on initial application, for a maximum of five days in total |
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| | | (including the 24 hours mentioned in paragraph (a)), and |
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| | | (ii) | on subsequent application, for further periods each of up to five |
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| | | |
| | | ( ) | A justice of the peace must not authorise the questioning of a person under this |
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| | | section unless satisfied— |
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| | | (a) | that further questioning of the person is necessary in the interests of |
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| | | |
| | | (b) | that the investigation for the purposes of which the further questioning is |
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| | | proposed is being conducted diligently and expeditiously.’. |
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| | | |
| | Page 17, line 12 [Clause 24], at end insert— |
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| | | ‘(3A) | Subject to subsections (3B) to (3E) a constable may question a person about a |
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| | | related terrorism offence where the person has already been charged with, or been |
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| | | officially informed that they may be prosecuted for, a terrorism offence. |
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| | | (3B) | A police officer of at least the rank of superintendent may make an application to |
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| | | a judge of the Crown Court for permission to allow a constable to question a |
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| | | person under subsection (2), if the police officer reasonably believes that the |
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| | | person may be charged with a related terrorism offence. |
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| | | (3C) | A judge may grant permission for further questioning under subsection (2) only |
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| | | if satisfied by evidence that: |
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| | | (a) | there are reasonable grounds for believing that the original charge was |
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| | | appropriate to bring; and |
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| | | (b) | it is in the interests of justice to allow further questioning in the |
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| | | |
| | | (3D) | Where a judge grants permission for further questioning under subsection (2C) he |
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| | | shall make such directions as he considers appropriate with regard to: |
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| | | (a) | the maximum permitted period for further questioning; |
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|
