House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

20

Clause 103
112
Page 70, line 14, after “repealed” insert “or revoked”
Clause 104
113
Page 70, line 19, leave out from beginning to “into” and insert “Section (Terrorist

financing and money laundering) and Schedule (Terrorist financing and money

laundering) (terrorist financing and money laundering) and Part 5 (financial

restrictions proceedings) come”
Clause 105
114
Page 70, line 37, at end insert—

“( )
Nothing in this section shall be read as restricting the application of any

provision of this Act in relation to service courts or service offences.”
Schedule 2
115
Leave out Schedule 2
Schedule 3
116
Page 82, line 2, leave out from beginning to end of line 8 and insert—


“Any ancillary offence in relation to an offence specified in this

Schedule.”
Schedule 5
117
Page 85, line 43, at end insert—

      “()
This condition is not met if there was a flagrant denial of the person’s

right to a fair trial.”
118
Page 86, line 23, leave out from “made” to end of line 24 and insert “to the High

Court”
119
Page 86, line 31, leave out from “made” to end of line 41 and insert “to the Court of

Session”
120
Page 87, line 5, leave out from “made” to end of line 7 and insert “to the High

Court”
121
Page 87, line 9, leave out paragraphs 7 to 9
122
Page 87, line 22, leave out from beginning to end of line 26 and insert—

“Adaptation of provisions of this Part in relation to foreign proceedings

11
The provisions of this Part have effect with the following adaptations in

relation to foreign proceedings and cases where the notification

requirements apply because a notification order has been made—

(a)
in section (References to a person being “dealt with” for an offence)(1)

(references to dealing with an offence) for “being sentenced, or

made subject to a hospital order” substitute “being made subject

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by the foreign court to a sentence or order within paragraph

3(2)(a) or (b) of Schedule 5”;

(b)
in section (References to a person being “dealt with” for an offence)(2)

(references to time when person dealt with for an offence) for

paragraphs (a) to (c) substitute “by the foreign court of first

instance”;”
123
Page 87, line 30, leave out from “reference” to “shall” in line 32 and insert “in

subsection (1)(c) to the court of trial”
Schedule 6
124
Page 90, line 1, after “travel” insert “restriction”
125
Page 92, line 18, leave out from “excuse” to end of line 19 and insert “—

(a)
does anything they are prohibited from doing by a foreign travel

restriction order, or

(b)
fails to comply with a requirement imposed on them by such an

order.”
After Schedule 6
126
Insert the following new Schedule—

“Notification requirements: application to services offences

Service offences to which this Part applies: terrorism offences

1
This Part applies to a service offence as respects which the

corresponding civil offence is an offence within section 52(1) or (2)

(offences to which this Part applies: terrorism offences).

Service offences to which this Part applies: offences having a terrorist connection

2    (1)
This Part applies to a service offence as to which the service court dealing

with the offence has determined in accordance with section (Sentences for

offences with a terrorist connection: armed forces) that the offence has a

terrorist connection.

      (2)
A person to whom the notification requirements apply by virtue of such

a determination may appeal against it to the same court, and subject to

the same conditions, as an appeal against sentence.

      (3)
If the determination is set aside on appeal, the notification requirements

are treated as never having applied to that person in respect of the

offence.

Service offences dealt with before commencement

3    (1)
This Part applies to a person dealt with for a service offence before the

commencement of this Part only if—

(a)
the corresponding civil offence is on the commencement of this

Part within section 52(1) or (2) (offences to which this Part

applies: terrorism offences), and

(b)
immediately before the commencement of this Part the person—

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(i)
is imprisoned or detained in pursuance of the sentence or

other order made in respect of the offence,

(ii)
would be so imprisoned or detained but for being

unlawfully at large, absent without leave, on temporary

leave or leave of absence, or released from custody (or on

bail) pending an appeal, or

(iii)
is on licence having served the custodial part of a

sentence of imprisonment in respect of the offence.

      (2)
In relation to a person dealt with for a service offence before the

commencement of this Part, any reference in this Schedule to a sentence,

order or finding under a specified statutory provision includes a

sentence or order under any corresponding earlier statutory provision.

Service offences: persons to whom notification requirements apply

4
The notification requirements apply to a person who—

(a)
is aged 16 or over at the time of being dealt with for a service

offence to which this Part applies, and

(b)
is made subject in respect of the offence to a sentence or order

within paragraph 5 (sentences or orders triggering notification

requirements).

Service offences: sentences or orders triggering notification requirements

5    (1)
The notification requirements apply to a person who—

(a)
has been convicted of a service offence to which this Part applies

and sentenced in respect of the offence to—

(i)
imprisonment or custody for life,

(ii)
imprisonment or custodial order for a term of 12 months

or more,

(iii)
imprisonment or detention in a young offender

institution for public protection under section 225 of the

Criminal Justice Act 2003 (c. 44),

(iv)
detention for life or for a period of 12 months or more

under section 71A(4) of the Army Act 1955 or the Air

Force Act 1955, section 43A(4) of the Naval Discipline Act

1957 or section 209 of the Armed Forces Act 2006 (c. 52),

(v)
detention and training (and supervision) under section

211 of that Act, where the term of the order under that

section is 12 months or more,

(vi)
detention for public protection under section 226 of the

Criminal Justice Act 2003 (c. 44), or

(vii)
detention during Her Majesty’s pleasure; or

(b)
has been—

(i)
convicted of a service offence to which this Part applies

carrying a maximum term of imprisonment of 12 months

or more,

(ii)
found not guilty by reason of insanity of such an offence,

or

(iii)
found to be unfit to stand trial and to have done the act

charged against them in respect of such an offence,


and made subject in respect of the offence to a hospital order.

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      (2)
The reference in sub-paragraph (1)(b)(i) to an offence carrying a

maximum term of imprisonment of 12 months or more—

(a)
is to an offence carrying such a maximum term in the case of a

person who has attained the age of 18 (or 21, as respects any time

before the coming into force of section 61 of the Criminal Justice

and Court Services Act 2000 (c. 43)), and

(b)
includes an offence carrying in the case of such a person a

maximum term of life imprisonment and an offence for which in

the case of such a person the sentence is fixed by law as life

imprisonment.

Service offences: power to amend specified terms or periods of imprisonment or detention

6    (1)
The Secretary of State may by order amend the provisions of paragraph

5 referring to a specified term or period of imprisonment or detention.

      (2)
An order reducing a specified term or period has effect only in relation

to persons dealt with after the order comes into force.

      (3)
Where an order increases a specified term or period—

(a)
it has effect in relation to persons dealt with at any time, whether

before or after the order comes into force, and

(b)
a person who would not have been subject to the notification

requirements if the order had been in force when the offence was

dealt with (and who is not otherwise subject to those

requirements) ceases to be subject to the requirements when the

order comes into force.

      (4)
An order under this paragraph is subject to affirmative resolution

procedure.

Service offences: period for which notification requirements apply

7    (1)
The period for which the notification requirements apply is—

(a)
30 years in the case of a person who—

(i)
is aged 18 or over at the time of conviction for the service

offence, and

(ii)
receives in respect of the offence a sentence within sub-

paragraph (2);

(b)
15 years in the case of a person who—

(i)
is aged 18 or over at the time of conviction for the service

offence, and

(ii)
receives in respect of the offence a sentence within sub-

paragraph (3);

(c)
10 years in any other case.

      (2)
The sentences where a 30 year period applies are—

(a)
imprisonment or custody for life,

(b)
imprisonment or a custodial order for a term of 10 years or more,

(c)
imprisonment or detention in a young offender institution for

public protection under section 225 of the Criminal Justice Act

2003 (c. 44),

(d)
detention during Her Majesty’s pleasure.

24

      (3)
The sentences where a 15 year period applies are imprisonment or a

custodial order for a term of 5 years or more but less than 10 years.

      (4)
The period begins with the day on which the person is dealt with for the

offence.

      (5)
If a person who is the subject of a finding within paragraph 5(1)(b)(iii)

(finding of unfitness to stand trial etc) is subsequently tried for the

offence, the period resulting from that finding ends—

(a)
if the person is acquitted, at the conclusion of the trial;

(b)
if the person is convicted, when the person is again dealt with in

respect of the offence.

      (6)
For the purposes of determining the length of the period—

(a)
a person who has been sentenced in respect of two or more

terrorism offences to consecutive terms of imprisonment is

treated as if sentenced, in respect of each of the offences, to a term

of imprisonment equal to the aggregate of the terms; and

(b)
a person who has been sentenced in respect of two or more such

offences to concurrent terms of imprisonment (X and Y) that

overlap for a period (Z) is treated as if sentenced, in respect of

each of the offences, to a term of imprisonment equal to X plus Y

minus Z.

      (7)
In determining whether the period has expired, there shall be

disregarded any period when the person was—

(a)
remanded in or committed to custody by an order of a court,

(b)
in service custody pursuant to a decision of a court or judge

advocate (or an order of a commanding officer under section 110

of the Armed Forces Act 2006 (c. 52)),

(c)
serving a sentence of imprisonment or detention,

(d)
detained in a hospital, or

(e)
detained under the Immigration Acts.

      (8)
In sub-paragraph (7)(b)—

(a)
“service custody” includes, in relation to times before the

commencement of the relevant provisions of the Armed Forces

Act 2006 (c. 52), military custody, air-force custody and naval

custody;

(b)
“judge advocate” includes, in relation to such times, judicial

officer;

(c)
the reference to section 110 of the Armed Forces Act 2006 (c. 52)

includes, in relation to times before the commencement of that

section, a reference to—

(i)
section 75K of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or

the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

(ii)
section 47L of the Naval Discipline Act 1957 (c. 53).

Modifications in relation to service offences etc

8    (1)
In the following provisions, references to a person committed to custody

by an order of a court include a person in service custody pursuant to a

decision of a court or judge advocate (or an order of a commanding

officer under section 110 of the Armed Forces Act 2006 (c. 52))—

(a)
section 58(4) (initial notification);

25

(b)
section 59(8) (notification of changes);

(c)
section 60(2) (periodic re-notification);

(d)
section 64(7) (period for which requirements apply);

(e)
section (Notification on return after absence from UK)(3)

(notification on return after absence from UK).

      (2)
In section 59(4) (notification on release from custody etc) the reference to

custody pursuant to an order of a court includes service custody

pursuant to a decision of a court or judge advocate (or an order of a

commanding officer under section 110 of the Armed Forces Act 2006

(c. 52)).

      (3)
Paragraph 7(8) (meaning of “service custody” and “judge advocate”)

applies for the purposes of this paragraph.

9
In the application of section 58(6) (initial notification: person dealt with

before commencement) in relation to a service offence, the reference to a

person being on bail pending an appeal includes a person released from

custody pending an appeal.

10
Where in relation to a service offence the court of trial (as defined by

subsection (1A) of section 62 (meaning of “local police area”)) was

situated outside the United Kingdom, that section has effect as if

subsection (1)(c) were omitted.

11
References in this Part to a sentence of detention do not include—

(a)
a sentence of service detention (as defined by section 374 of the

Armed Forces Act 2006 (c. 52)), or

(b)
a corresponding sentence passed under (or by virtue of) the

Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).

12
The following provisions do not apply in relation to service offences—

(a)
section 55 (offences dealt with before commencement);

(b)
section 56 (sentences or orders triggering notification

requirements);

(c)
section 64 (period for which requirements apply).

Application of power to make transitional modifications etc

13
An order under subsection (4) of section 380 of the Armed Forces Act

2006 (c. 52) (power to make transitional modifications etc) which makes

provision of the kind mentioned in subsection (6) of that section may

provide for paragraph 5(1)(a) or paragraph 7(2) or (3) above to have

effect with such modifications (relating to custodial punishments

specified in the order) as are so specified.”
127
Insert the following new Schedule—

26

“Terrorist financing and money laundering

Part 1

Conditions for giving a direction

Conditions for giving a direction

1    (1)
The Treasury may give a direction under this Schedule if one or more of

the following conditions is met in relation to a country.

      (2)
The first condition is that the Financial Action Task Force has advised

that measures should be taken in relation to the country because of the

risk of terrorist financing or money laundering activities being carried

on—

(a)
in the country,

(b)
by the government of the country, or

(c)
by persons resident or incorporated in the country.

      (3)
The second condition is that the Treasury reasonably believe that there

is a risk that terrorist financing or money laundering activities are being

carried on—

(a)
in the country,

(b)
by the government of the country, or

(c)
by persons resident or incorporated in the country,


and that this poses a significant risk to the national interests of the

United Kingdom.

      (4)
The third condition is that the Treasury reasonably believe that—

(a)
the development or production of nuclear, radiological,

biological or chemical weapons in the country, or

(b)
the doing in the country of anything that facilitates the

development or production of any such weapons,


poses a significant risk to the national interests of the United Kingdom.

      (5)
The power to give a direction is not exercisable in relation to an EEA

state.

Main definitions

2    (1)
“Terrorist financing” means—

(a)
the use of funds, or the making available of funds, for the

purposes of terrorism, or

(b)
the acquisition, possession, concealment, conversion or transfer

of funds that are (directly or indirectly) to be used or made

available for those purposes.

      (2)
“Money laundering” means an act which falls within section 340(11) of

the Proceeds of Crime Act 2002 (c. 29).

      (3)
“Nuclear weapon” includes a nuclear explosive device that is not

intended for use as a weapon.

      (4)
“Radiological weapon” means a device designed to cause destruction,

damage or injury by means of the radiation produced by the decay of

radioactive material.