House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 10th June 2008
551

Counter-Terrorism Bill, continued

(b)
the total length of time over which further questioning is permitted; or

(c)
any other directions as required in the interests of justice.

(3E)
A “related terrorism offence” means a terrorism offence arising in whole or in

part from the same set of facts as the offence with which the person has already

been charged, or officially informed that they may be prosecuted.’.

Mr Dominic Grieve

David Davis

Mr Crispin Blunt

Mr Elfyn Llwyd

Not called  15

Page  17,  line  40  [Clause  25],  at end insert—

‘(3A)
A police officer of at least the rank of superintendent may make an application to

a judge of the High Court for permission to allow a constable to question a person

under subsections (2) and (3) above if the police officer believes that the person

may be charged with a related terrorism offence.

(3B)
A judge may grant permission for further questioning under subsection (2) and

(3) only if he is satisfied by evidence that—

(a)
there are reasonable grounds for believing that the original charge was

appropriate to bring;

(b)
it is in the interests of justice to allow further questioning in the

circumstances; and

(c)
that further questioning would not be oppressive.

(3C)
Where a judge grants permission for further questioning under subsection (3B) he

shall make such directions as he considers appropriate with regard to—

(a)
the maximum permitted period for further questioning;

(b)
the total length of time over which further questioning is permitted; or

(c)
any other directions in the interests of justice,


and these directions shall be subject to variation on application by either party to

the same court.

(3D)
A “related terrorism offence” means a terrorism offence arising in whole or in

part from the same set of facts as the offence with which the person has already

been charged, or officially informed that they may be prosecuted.’.

Secretary Jacqui Smith

Agreed to  58

Page  17,  line  42  [Clause  25],  at end insert—

‘( )
The questioning of a person under this section —

(a)
must be authorised in the first instance by a constable of at least the rank

of superintendant, and may be so authorised for a maximum of 24 hours

in total; and

(b)
must subsequently be authorised by the sheriff, and may be so

authorised—

(i)
on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)
on subsequent application, for further periods each of up to five

days in total.

( )
The sheriff must not authorise the questioning of a person under this section

unless satisfied—

(a)
that further questioning of the person is necessary in the interests of

justice, and

Report Stage Proceedings: 10th June 2008
552

Counter-Terrorism Bill, continued

(b)
that the investigation for the purposes of which the further questioning is

proposed is being conducted diligently and expeditiously.’

Secretary Jacqui Smith

Agreed to  59

Page  18,  line  7  [Clause  26],  at end insert—

‘( )
The questioning of a person under this section —

(a)
must be authorised in the first instance by an officer of at least the rank

of superintendant, and may be so authorised for a maximum of 24 hours

in total; and

(b)
must subsequently be authorised by a justice of the peace, and may be so

authorised—

(i)
on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)
on subsequent application, for further periods each of up to five

days in total.

( )
A justice of the peace must not authorise the questioning of a person under this

section unless satisfied—

(a)
that further questioning of the person is necessary in the interests of

justice, and

(b)
that the investigation for the purposes of which the further questioning is

proposed is being conducted diligently and expeditiously.’

Secretary Jacqui Smith

Agreed to  62

Page  31,  line  18  [Clause  44],  leave out from beginning to end of line 22 and

insert—

‘(i)
imprisonment for life,

(ii)
imprisonment for a term of 12 months or more,

(iii)
imprisonment for public protection under section 225 of the

Criminal Justice Act 2003;’.

Secretary Jacqui Smith

Agreed to  63

Page  31,  line  38  [Clause  44],  at end insert—

‘( )
In relation to a sentence passed at any time before the coming into force of section

61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of

detention in a young offender institution, custody for life etc), subsection (1)(a)

above has effect with the following modifications—

(a)
in sub-paragraph (i), after “imprisonment” insert “(or custody)”;

(b)
in sub-paragraph (ii), after “imprisonment” insert “(or detention in a

young offender institution)”;

(c)
in sub-paragraph (iii), after “imprisonment” insert “(or detention)”.’

Report Stage Proceedings: 10th June 2008
553

Counter-Terrorism Bill, continued

Secretary Jacqui Smith

Agreed to  64

Page  31,  line  41  [Clause  44],  at end insert—

‘( )
imprisonment for life,

( )
an order for lifelong restriction under section 210F of the

Criminal Procedure (Scotland) Act 1995,

( )
detention without limit of time under section 205(2) of that Act

(punishment for murder for offenders under 18),

( )
detention in a young offenders institution under section 205(3) of

that Act (punishment for murder for offenders aged 18 to 21),’.

Secretary Jacqui Smith

Agreed to  65

Page  32,  line  16  [Clause  44],  leave out from beginning to end of line 18 and

insert—

‘( )
imprisonment for life,

( )
imprisonment (or detention in a young offenders centre) for a

term of 12 months or more,

( )
an indeterminate custodial sentence under Article 13(3) and (4)

of the Criminal Justice (Northern Ireland) Order 2008,’.

Mr Douglas Hogg

Not called  94

Page  36,  line  28  [Clause  52],  leave out ‘indefinite period’ and insert ‘10 years’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Not called  113

Page  36,  line  28  [Clause  52],  leave out ‘an indefinite period’ and insert ‘five

years’.

Secretary Jacqui Smith

Agreed to  66

Page  36,  line  32  [Clause  52],  leave out from beginning to end of line 36 and

insert—

‘(i)
imprisonment for life,

(ii)
imprisonment for a term of 5 years or more,

(iii)
imprisonment for public protection under section 225 of the

Criminal Justice Act 2003;’.

Report Stage Proceedings: 10th June 2008
554

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Not called  95

Page  36,  line  34  [Clause  52],  leave out ‘5’ and insert ‘10’.

Secretary Jacqui Smith

Agreed to  67

Page  37,  line  2  [Clause  52],  leave out from beginning to end of line 5 and insert—

( )
an order for lifelong restriction under section 210F of the

Criminal Procedure (Scotland) Act 1995,

( )
detention without limit of time under section 205(2) of that Act

(punishment for murder for offenders under 18),

( )
detention in a young offenders institution under section 205(3) of

that Act (punishment for murder for offenders aged 18 to 21),

( )
imprisonment for a term of 5 years or more,’.

Secretary Jacqui Smith

Agreed to  69

Page  37,  line  20  [Clause  52],  at end insert—

‘( )
an indeterminate custodial sentence under Article 13(3) and (4)

of the Criminal Justice (Northern Ireland) Order 2008,’.

Secretary Jacqui Smith

Agreed to  68

Page  37,  line  20  [Clause  52],  at end insert—

‘( )
In relation to a sentence passed at any time before the coming into force of section

61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of

detention in a young offender institution, custody for life etc), subsection (1)(a)

above has effect with the following modifications—

(a)
in sub-paragraph (i), after “imprisonment” insert “(or custody)”;

(b)
in sub-paragraph (ii), after “imprisonment” insert “(or detention in a

young offender institution)”;

(c)
in sub-paragraph (iii), after “imprisonment” insert “(or detention)”.’

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Not called  114

Page  37,  line  20  [Clause  52],  at end insert—

‘(1A)
Notification requirements in relation to offences under subsection (1) may be

renewed on one or more occasions if it is considered necessary for purposes

connected with protecting members of the public from a risk of terrorism;’.

Report Stage Proceedings: 10th June 2008
555

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Not called  96

Page  37,  line  21  [Clause  52],  leave out ‘10’ and insert ‘5’.

Mr Douglas Hogg

Not called  97

Page  37,  line  22  [Clause  52],  at end insert—

‘(2A)
Notification requirements in relation to offences that are specified in subsections

(1) and (2) may be renewed on one occasion if it is considered necessary for the

purpose of protecting members of the public from the risks of terrorism for the

notification requirements to continue in force.

(2B)
A person to whom the notification requirements apply may after a period of 5

years from the making of the notification requirements apply to the court for the

notification requirements to be terminated or varied and the court may if it is sure

that the notification requirements are no longer necessary for the purpose of

protecting members of the public from the risk of terrorism terminate or vary the

notification requirements.’.

Mr Nick Clegg

Dr Vincent Cable

Chris Huhne

Tom Brake

David Howarth

Mr Paul Burstow

Not called  116

Page  37,  line  22  [Clause  52],  at end insert—

‘(2A)
Notification requirements in relation to offences under subsection (2) may be

renewed on one occasion if it is considered necessary for purposes connected

with protecting members of the public from a risk of terrorism;’.

Mr Neil Gerrard

Not called  109

Page  40,  line  10,  leave out Clause 57.

Mr Douglas Hogg

Mr Neil Gerrard

Not called  21

Page  40,  line  40  [Clause  57],  leave out from ‘to’ to end and insert ‘affirmative

resolution procedure.’.

Report Stage Proceedings: 10th June 2008
556

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Mr Neil Gerrard

Not called  22

Page  41,  line  10  [Clause  58],  at end insert—

‘(c)
the need to ensure that the manner in which the proceedings are

conducted are fair to every party to the proceedings.’.

Mr Douglas Hogg

Mr Neil Gerrard

Not called  23

Page  41,  line  13  [Clause  58],  leave out paragraph (b).

Mr Neil Gerrard

Not called  107

Page  41,  line  20  [Clause  58],  leave out paragraph (b).

Mr Douglas Hogg

Mr Neil Gerrard

Not called  24

Page  41,  line  27  [Clause  58],  at end insert ‘but do include any person or body who

claims or may reasonably be expected to claim to be the owner of or to have an interest in

any money or other property which may be affected by any asset freezing decision or by

any decision made in the asset freezing proceedings.’.

Mr Douglas Hogg

Mr Neil Gerrard

Mr Elfyn Llwyd

Not called  25

Page  42,  line  3  [Clause  59],  after ‘that’, insert ‘, provided that the person appointed

as the special advocate is present,’.

Mr Douglas Hogg

Mr Neil Gerrard

Mr Elfyn Llwyd

Not called  26

Page  42,  line  7  [Clause  59],  after ‘interest’, insert ‘and that the withholding of the

material would not cause injustice to a party to the proceedings’.

Mr Douglas Hogg

Mr Neil Gerrard

Not called  27

Page  42,  line  9  [Clause  59],  leave out ‘consider requiring’ and insert ‘require’.

Mr Douglas Hogg

Mr Neil Gerrard

Not called  28

Page  42,  line  14  [Clause  59],  at end insert ‘and is sufficient to ensure that the

conduct of the proceedings will be fair to all parties to those proceedings.’.

Report Stage Proceedings: 10th June 2008
557

Counter-Terrorism Bill, continued

Mr Douglas Hogg

Mr Neil Gerrard

Mr Elfyn Llwyd

Not called  29

Page  42,  line  14  [Clause  59],  at end insert—

‘(f)
that material which supports the cause of a party to the proceedings or

which adversely affects the Treasury’s case may not be withheld from a

party to the proceedings or from that party’s legal representative;

(g)
that material which supports the cause of a party to the proceedings or

which adversely affects the Treasury’s case is always disclosed to the

person appointed as the special advocate.’.

Mr Douglas Hogg

Mr Neil Gerrard

Mr Elfyn Llwyd

Not called  31

Page  42,  line  28  [Clause  59],  at end insert—

‘(5A)
Rules of court must ensure that any person or body who claims or may reasonably

be expected to claim to be the owner of or have an interest in any money or other

property which may be affected by the asset freezing decision or by any decision

made in the asset freezing proceedings is able to make representations in the

“asset freezing proceedings”.

(5B)
Rules of court must provide that any person or body who claims or may

reasonably be expected to claim to be the owner of or have any interest in any

money or other property which may be affected by any order made in the “asset

freezing proceedings” shall be able to apply to vary or discharge that order.’.

Mr Douglas Hogg

Mr Neil Gerrard

Mr Elfyn Llwyd

Not called  30

Page  42,  line  33  [Clause  59],  at end insert ‘but do include any person or body who

claims or may reasonably be expected to claim to be the owner of or to have an interest in

any money or other property which may be affected by any asset freezing decision or by

any decision made in the asset freezing proceedings.’.

Mr Douglas Hogg

Mr Neil Gerrard

Not called  32

Page  42,  line  40  [Clause  60],  leave out ‘may’ and insert ‘shall’.

Mr Neil Gerrard

Not called  108

Page  43,  line  1  [Clause  60],  leave out ‘not’.