House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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LORDS amendments to the
Counter-Terrorism Bill
[The page and line references are to HL Bill 65, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 19, leave out subsection (4) and insert—

“( )
A constable has the same powers of seizure in relation to a document

removed under this section as the constable would have if it had not been

removed (and if anything discovered on examination after removal had

been discovered without it having been removed).”
Before Clause 14
2
Insert the following new Clause—

“National guidelines on fingerprint and sample database

(1)
The Secretary of State shall by regulations publish national guidelines for

governmental agencies establishing—

(a)
a procedure by which a person can request a statement of what

information relating to fingerprints and samples is held on them or

on a dependent;

(b)
a procedure by which a person can request that such information

held on them or a dependent is destroyed;

(c)
the circumstances in which a request under paragraph (b) may be

refused.

(2)
If a request made under subsection (1)(b) is refused under subsection (1)(c),

the relevant agency shall write to the person setting out why such

information will not be destroyed and when such circumstances as prevent

it being destroyed may no longer apply.

(3)
In drawing up guidelines under subsection (1), the Secretary of State shall

consult such bodies as he thinks appropriate.

Bill 168 54/3

2

(4)
Regulations under subsection (1) shall not be made until a draft copy is laid

before, and approved by resolution of, both Houses of Parliament.”
Before Clause 22
3
Insert the following new Clause—

“No extension of pre-charge detention

For the avoidance of doubt, nothing in this Act allows the Secretary of State

to extend the maximum period of pre-charge detention beyond 28 days.”
Clause 22
4
Leave out Clause 22
Clause 23
5
Leave out Clause 23
Clause 24
6
Leave out Clause 24
Clause 25
7
Leave out Clause 25
Clause 26
8
Leave out Clause 26
Clause 27
9
Leave out Clause 27
Clause 28
10
Leave out Clause 28
Clause 29
11
Leave out Clause 29
Clause 30
12
Leave out Clause 30
Clause 31
13
Leave out Clause 31

3

Clause 32
14
Leave out Clause 32
Clause 33
15
Leave out Clause 33
Clause 34
16
Page 22, line 35, leave out subsections (2) to (5) and insert—

“( )
A judge of the Crown Court may authorise the questioning of a person

about an offence—

(a)
after the person has been charged with the offence or been officially

informed that they may be prosecuted for it, or

(b)
after the person has been sent for trial for the offence,


if the offence is a terrorism offence or it appears to the judge that the offence

has a terrorist connection.

( )
The judge—

(a)
must specify the period during which questioning is authorised,

and

(b)
may impose such conditions as appear to be necessary in the

interests of justice, which may include conditions as to the place

where the questioning is to be carried out.

( )
The period during which questioning is authorised—

(a)
begins when questioning pursuant to the authorisation begins and

runs continuously from that time (whether or not questioning

continues), and

(b)
must not exceed 48 hours.


This is without prejudice to any application for a further authorisation

under this section.

( )
Where the person is in prison or otherwise lawfully detained, the judge

may authorise the person’s removal to another place and detention there

for the purpose of being questioned.

( )
A judge 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,

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

questioning is proposed is being conducted diligently and

expeditiously, and

(c)
that what is authorised will not interfere unduly with the

preparation of the person’s defence to the charge in question or any

other criminal charge.”
Clause 35
17
Page 23, line 44, leave out subsections (2) to (6) and insert—

“( )
On the application of the prosecutor, a sheriff may authorise the

questioning of a person about an offence—

4

(a)
after the person has been charged with the offence, or

(b)
after the person has appeared on petition in respect of the offence,


if the offence is a terrorism offence or it appears to the sheriff that the

offence has a terrorist connection.

( )
The sheriff—

(a)
must specify the period during which questioning is authorised,

and

(b)
may impose such conditions as appear to be necessary in the

interests of justice, which may include conditions as to the place

where the questioning is to be carried out.

( )
The period during which questioning is authorised—

(a)
begins when questioning pursuant to the authorisation begins and

runs continuously from that time (whether or not questioning

continues), and

(b)
must not exceed 48 hours.


This is without prejudice to any application for a further authorisation

under this section.

( )
Where the person is in prison or otherwise lawfully detained, the sheriff

may authorise the person’s removal to another place and detention there

for the purpose of being questioned.

( )
A 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,

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

questioning is proposed is being conducted diligently and

expeditiously, and

(c)
that what is authorised will not interfere unduly with the

preparation of the person’s defence to the charge in question or any

other criminal charge.”
18
Page 24, line 24, leave out “subsection (2) or (3)” and insert “this section”
19
Page 24, line 25, at end insert “(or had appeared on petition)”
Clause 36
20
Page 24, line 29, leave out subsections (2) to (4) and insert—

“( )
A district judge (magistrates’ courts) may authorise the questioning of a

person about an offence—

(a)
after the person has been charged with the offence or been officially

informed that they may be prosecuted for it, or

(b)
after the person has been committed for trial for the offence,


if the offence is a terrorism offence.

( )
The judge—

(a)
must specify the period during which questioning is authorised,

and

(b)
may impose such conditions as appear to the judge to be necessary

in the interests of justice, which may include conditions as to the

place where the questioning is to be carried out.

5

( )
The period during which questioning is authorised—

(a)
begins when questioning pursuant to the authorisation begins and

runs continuously from that time (whether or not questioning

continues), and

(b)
must not exceed 48 hours.


This is without prejudice to any application for a further authorisation

under this section.

( )
Where the person is in prison or otherwise lawfully detained, the judge

may authorise the person’s removal to another place and detention there

for the purpose of being questioned.

( )
A distict judge (magistrates’ courts) 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,

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

questioning is proposed is being conducted diligently and

expeditiously, and

(c)
that what is authorised will not interfere unduly with the

preparation of the person’s defence to the charge in question or any

other criminal charge.”
21
Page 25, line 14, leave out “sent” and insert “committed”
Clause 37
22
Page 25, leave out line 30
23
Page 25, line 37, leave out “An order or” and insert “A”
24
Page 25, line 42, leave out subsection (6)
Clause 39
25
Page 27, line 14, leave out subsection (2) and insert—

“(2)
Any ancillary offence in relation to an offence listed in subsection (1) is a

terrorism offence for the purposes of sections 34 to 36.”
26
Page 27, line 22, leave out “or (2)”
Clause 40
27
Page 28, line 17, leave out subsection (3)
28
Page 28, line 25, leave out “or (3)”
29
Page 28, line 28, leave out “or (3)”
After Clause 43
30
Insert the following new Clause—

6

“Sentences for offences with a terrorist connection: armed forces

(1)
This section applies where a service court is considering for the purposes

of sentence the seriousness of a service offence as respects which the

corresponding civil offence is an offence specified in Schedule 3.

(2)
If having regard to the material before it for the purposes of sentencing it

appears to the court that the offence has or may have a terrorist connection,

the court must determine whether that is the case.

(3)
For that purpose the court may hear evidence, and must take account of

any representations made by the prosecution and the defence, as in the case

of any other matter relevant for the purposes of sentence.

(4)
If the court determines that the offence has a terrorist connection, the

court—

(a)
must treat that fact as an aggravating factor, and

(b)
must state in open court that the offence was so aggravated.

(5)
This section has effect in relation only to offences committed on or after the

day it comes into force.”
Clause 46
31
Page 31, leave out lines 33 to 40 and insert—

“(3)
This section applies to any ancillary offence (as defined in section

(Meaning of “ancillary offence”) of the Counter-Terrorism Act 2008)

in relation to an offence listed in subsection (2).”
32
Page 32, line 3, leave out “or (3)”
33
Page 32, line 3, at end insert—

“(6)
An order adding an offence to subsection (2) applies only in relation

to offences committed after the order comes into force.”.”
Clause 51
34
Page 36, line 35, at end insert—

“(3)
Schedule (Notification requirements: application to service offences) provides

for the application of this Part to service offences and related matters.”
Clause 52
35
Page 37, line 27, leave out subsection (2) and insert—

“(2)
This Part also applies to any ancillary offence in relation to an offence listed

in subsection (1).”
36
Page 37, line 35, leave out “or (2)”
37
Page 37, line 41, leave out subsection (7) and insert—

“(7)
Where an offence is removed from the list, a person subject to the

notification requirements by reason of that offence being listed (and who is

not otherwise subject to those requirements) ceases to be subject to them

when the order comes into force.”