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Material subject to the Counter-Terrorism Act 2008 (Scotland)

Mr David Hanson

NC21

To move the following Clause:—

‘(1)	The Counter-Terrorism Act 2008 is amended as follows.

(2)	In section 11—

(a)	in subsection (6), for the words from “may be retained” to the end there

is substituted “must be destroyed before the end of the period of 2 years

beginning with the date on which the person ceases to be subject to a

control order”;

(b)	after subsection (6) there is inserted—

“(6A)

Subsection (6) applies only if the person to whom the data,

sample or information relates has no previous convictions or

only one exempt conviction.

(6B)	For the purpose of subsection (6A), a person has no previous

convictions or only one exempt conviction if the person would

have no previous convictions or only one exempt conviction for

the purposes of paragraphs 20B to 20E of Schedule 8 to the

Terrorism Act 2000 (see paragraph 20F of that Schedule).

(6C)	Where something is required to be destroyed under subsection

(6)—

(a)	in any case (except a DNA profile), any copies of the

thing must also be destroyed,

(b)	in the case of a DNA profile, no copy may be kept except

in a form that does not include information which

identifies the person to whom the profile relates.

(6D)	If a person makes a request to the chief constable to be notified

when anything relating to the person is destroyed under

subsection (6), the chief constable or a person authorised by the

chief constable (or on the chief constable’s behalf) must within 3

months of the request issue the person with a certificate

recording the destruction.

(6E)	The references in subsection (6D) to the chief constable are to be

construed in accordance with section 11A(6).”;

(c)	in subsection (7), after paragraph (a) there is inserted—

“(aa)

any material to which paragraph 14 or 20(3) of Schedule

8 to the Terrorism Act 2000 applies,”;

(d)	in subsection (8)—

(i)	after the opening words there is inserted—

““DNA profile” has the meaning given by section 11A(9)”;

(ii)	the definition of “terrorist investigation” is repealed.

(3)	After section 11 there is inserted—

“11A	Retention and use of material: Scotland

(1)	This section applies to the following material if it is required to be

destroyed under section 11(6)—

(a)	relevant physical data or samples, and

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(b)	a DNA profile derived from a DNA sample falling within

paragraph (a).

(2)	Material to which this section applies may be retained—

(a)	if (at any time) the person to whom it relates consents in writing

to its retention, and

(b)	for as long as the consent is not withdrawn.

(3)	Material to which this section applies may be retained without limit of

time if, before the material would (but for this section) be required to be

destroyed under section 11(6), the person to whom it relates is convicted

of—

(a)	an offence in Scotland which is punishable by imprisonment, or

(b)	a recordable offence in England and Wales or Northern Ireland

(as falling to be construed for the purposes of paragraphs 20B to

20E of Schedule 8 to the Terrorism Act 2000 (see paragraph

20F(2) of that Schedule)).

(4)	Material to which this section applies may be retained—

(a)	if the chief constable determines that it is necessary for the

material to be retained for the purposes of national security, and

(b)	for as long as the determination has effect.

(5)	A determination mentioned in subsection (4)—

(a)	has effect for a maximum of 2 years beginning with the date on

which the material would (but for this section) be required to be

destroyed under section 11(6),

(b)	may be renewed.

(6)	The reference in subsection (4) to the chief constable is a reference to the

chief constable of the police force—

(a)	of which the constable who took (or directed the taking of) the

material was a member, or

(b)	in the case of a DNA profile, of which the constable who took (or

directed the taking of) the sample from which the profile derived

was a member.

(7)	Material retained under section 11 or this section must not be used other

than—

(a)	in the interests of national security, or

(b)	for the purposes of a terrorist investigation.

(8)	Section 11(6) is subject to this section.

(9)	In this section—

“DNA profile” means any information derived from a DNA sample,

“DNA sample” means any material that has come from a human body and

consists of or includes human cells,

“terrorist investigation” has the meaning given by section 32 of the

Terrorism Act 2000.”’.

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Member’s explanatory statement

This New Clause provides for the retention, destruction and use of material that has been obtained

from an individual who is subject to a control order in Scotland. To this end, it amends section 11

of the Counter-Terrorism Act 2008 and inserts a new section 11A.

Stop and search power

James Brokenshire

Andrew Rosindell

NC1

To move the following Clause:—

‘(1)	If a police officer of or above the rank of sergeant reasonably believes—

(a)	that incidents involving serious violence may take place in any locality

in his police area, and that it is expedient to give an authorisation under

this section to prevent their occurrence, or

(b)

that—

(i)	an incident involving serious violence has taken place in

England and Wales in his police area;

(ii)	a dangerous instrument or offensive weapon used in the incident

is being carried in any locality in his police area by a person; and

(iii)

it is expedient to give an authorisation under this section to find

the instrument or weapon, or

(c)	that persons are carrying offensive weapons or dangerous instruments

without good reason in any locality in his police area,

he may give an authorisation that the powers conferred by this section are to be

exercisable at any place within that locality for a specified period not

exceeding—

(a)	six hours in the case of an officer of the rank of sergeant; and

(b)	24 hours in the case of an officer of the rank of inspector or above.

(2)	If it appears to an officer of or above the rank of superintendent that it is expedient

to do so, having regard to—

(a)	the need to prevent injury or loss of life;

(b)	offences which have, or are reasonably suspected to have, been

committed in connection with any activity falling within the

authorisation; and

(c)	all relevant information giving rise to the belief of the relevant police

officer described in subsection (1),

he may direct that the specified period during which the authorisation conferred

under subsection (1) shall be extended to a period not exceeding a maximum of

48 hours.

(3)	If a police officer gives an authorisation under subsection (1) he must, as soon as

it is practicable to do so, cause an officer of or above the rank of superintendent

to be informed.

(4)	This section confers on any constable in uniform power—

(a)	to stop any pedestrian and search him or anything carried by him for

offensive weapons or dangerous instruments;

(b)	to stop any vehicle and search the vehicle, its driver and any passenger

for offensive weapons or dangerous instruments.

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(5)	A constable may, in the exercise of the powers conferred by subsection (4) above,

stop any person or vehicle and make any search he thinks fit whether or not he

has any grounds for suspecting that the person or vehicle is carrying weapons or

articles of that kind.

(6)	If in the course of a search under this section a constable discovers a dangerous

instrument or an article which he has reasonable grounds for suspecting to be an

offensive weapon, he may seize it.

(7)	A person who fails to stop, or to stop a vehicle when required to do so by a

constable in the exercise of his powers under this section shall be liable on

summary conviction to imprisonment for a term not exceeding one month or to a

fine not exceeding level 3 on the standard scale or both.

(8)	Any authorisation under this section shall be given in writing signed by the officer

giving it or, where that is not practicable, recorded in writing as soon as it is

practicable to do so and shall specify the grounds on which it is given and the

locality in which and the period during which the powers conferred by this section

are exercisable; and any oral authorisation must be recorded in writing as soon as

it is practicable to do so.

(9)	The preceding provisions of this section, so far as they relate to an authorisation

by a member of the British Transport Police Force (including one who for the

time being has the same powers and privileges as a member of a police force for

a police area), shall have effect as if the references to a locality in his police area

were references to any locality in or in the vicinity of any police premises, or to

the whole or any part of any such premises.

(10)	Where a vehicle is stopped by a constable under this section, the driver shall be

entitled to obtain a written statement that the vehicle was stopped under the

powers conferred by this section if he applies for such a statement not later than

the end of the period of 12 months from the day on which the vehicle was stopped.

(11)	A person who is searched by a constable under this section shall be entitled to

obtain a written statement that he was searched under the powers conferred by

this section if he applies for such a statement not later than the end of the period

of 12 months from the day on which he was searched.

(12)	Where a constable has carried out a search in the exercise of the power under

subsection (4) above he shall make a record of it in writing unless it is not

practicable to do so in which case he shall make such written record as soon as

practicable after the completion of the search.

(13)	Section 60 of the Criminal Justice and Public Order Act 1994 is hereby repealed.

(14)	In this section—

“British Transport Police Force” means the constables appointed under

section 53 of the British Transport Commission Act 1949;

“dangerous instruments” means instruments which have a blade or are

sharply pointed;

“locality” means any place or area not exceeding one square mile which at

the time of the authorisation under this section is given the public or any

section of the public has access, on payment or otherwise, as of right or

by virtue of express or implied permission or any other place to which

people have ready access which is not a dwelling;

“offensive weapon” has the meaning given by section 1(9) of the Police and

Criminal Evidence Act 1984 or, in relation to Scotland, section 47(4) of

the Criminal Law (Consolidation) (Scotland) Act 1995 and includes, in

the case of an incident of the kind mentioned in subsection (1)(b)(i)

above, any article used in the incident to cause or threaten injury to any

person or otherwise to intimidate; and

“police premises”, in relation to England and Wales, has the meaning given

by the section 53(3) of the British Transport Commission Act 1949 and,

in relation to Scotland, means those places where members of the British

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Transport Police Force have the powers, protection and privileges of a

constable under section 53(4)(a) of that Act (as it relates to Scotland);

(15)	For the purposes of this section, a person carries a dangerous instrument or an

offensive weapon if he has it in his possession.

(16)	The powers conferred by this section are in addition to, and not in derogation of,

any power otherwise conferred.’.

Amendments to Terrorism Act 2000

James Brokenshire

Andrew Rosindell

NC2

To move the following Clause:—

‘(1)	The Terrorism Act 2000 is amended as follows.

(2)	Sections 44, 45 and 46 of the Act are repealed.’.

Limitation on powers to immobilise, restrict or remove vehicles

Norman Baker

Tom Brake

Mr Mark Oaten

NC3

To move the following Clause:—

‘(1)	The Private Security Industry Act 2001 is amended as follows.

(2)	After section 4 there is inserted—

“4A	Limitation on powers to immobilise, restrict or remove vehicles

(1)	A person may not carry out an activity to which paragraph 3

(immobilisation of vehicles) or 3A (restriction and removal of vehicles)

of Schedule 2 applies unless he is either—

(a)	a public authority, or

(b)	acting on behalf of a public authority.

(2)	For the purposes of subsection (1), the person carries out an activity on

behalf of a public authority in particular—

(a)	if he is, and is acting as, the public authority’s employee, or

(b)	if he is acting pursuant to a contract for the supply of services

with the public authority only where that contract does not allow

him, or any other person, to benefit from a variable financial

incentive which is dependent on the number of vehicles

immoblised, restricted or removed.”’.

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Authorisations under Terrorism Act 2000

Tom Brake

Mr Mark Oaten

Chris Huhne

NC4

To move the following Clause:—

‘(1)	Section 44 of the Terrorism Act 2000 (authorisations) is amended as follows.

(2)	In subsection (3), for “may be given only if the person giving it considers it

expedient for the prevention of acts of terrorism” there is substituted “must be

given in writing and may be given only if—

(a)	an event is to be held in an area or place and the person giving it

reasonably believes it is necessary to make the authorisation for the

prevention of acts of terrorism in that specified area or place;

(b)	because of the nature of a specific area or place the person giving it

reasonably believes it is necessary to make the authorisation for the

prevention of acts of terrorism in that specified area or place; or

(c)	the person giving it is satisfied on the basis of specific information linked

to an area or place that is reasonably necessary to make the authorisation

for the prevention of acts of terrorism in that specified area or place”.

(3)	After subsection (3) there is inserted—

“(3A)

An authorisation must specify an area or place that—

(a)	is no larger than is reasonably necessary to respond effectively to

the threat of terrorism; and

(b)	is no more than one square kilometre in total.”

(4)	In subsection (4)—

(a)	for “the whole or part of a police area” (wherever occurring) there is

substituted “in a police area”;

(b)	in paragraph (a), for “a police officer for the area who is of at least the

rank of assistant chief constable” there is substituted “the chief officer of

police for that area”;

(c)	in paragraph (b), for “a police officer for the district who is of at least the

rank of commander” there is substituted “the Commissioner”;

(d)	in paragraph (c), for “a police officer for the City who is of at least the

rank of commander in the” there is substituted “the Commissioner of”;

(e)	in paragraph (d), for “a member of the Police Service of Northern Ireland

who is of at least the rank of assistant chief constable” there is substituted

“the Chief Constable of the Police Service of Northern Ireland”.

(5)	In subsection (4A), for “a member of the British Transport Police Force who is of

at least the rank of assistant chief constable” there is substituted “the Chief

Constable of the British Transport Police Force”.

(6)	In subsection (4B), for “a member of the Ministry of Defence Police who is of at

least the rank of assistant chief constable” there is substituted “the Chief

Constable of the Ministry of Defence Police”.

(7)	In subsection (4BA), for “a member of that Constabulary who is of at least the

rank of assistant chief constable” there is substituted “the Chief Constable of that

Constabulary”.

(8)	After subsection (4C) there is inserted—

“(4D)

A person who makes an authorisation must publish, as soon as

reasonably practicable and no later than seven days after an authorisation

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is given, a notice of the authorisation which describes the specified area

or place.”.

(9)	Subsection (5) is repealed (authorisation given orally to be confirmed in writing).

(10)	In subsection (5A) there is inserted—

“authorisation” means an authorisation made under this section or renewed

by the Secretary of State under section 46;”.’.

Duration of authorisations under the Terrorism Act 2000

Tom Brake

Mr Mark Oaten

Chris Huhne

NC5

To move the following Clause:—

‘(1)	Section 46 of the Terrorism Act 2000 (duration of authorisation) is amended as

follows.

(2)	In subsection (1), after “under section 44” there is inserted “or renewed by the

Secretary of State under subsection (7)”.

(3)	In subsection (1), in paragraph (b), for “or at a time” there is substituted “and

time”.

(4)	In subsection (2), for “or time” there is substituted “and time”.

(5)	In subsection (2), for “occur after the end of the period of 28 days beginning with

the day on which the authorisation is given” there is substituted “be longer than

is reasonably necessary to effectively respond to the threat of terrorism and must

not exceed 24 hours”.

(6)	Subsections (4) and (5) are repealed.

(7)	For subsection (7) there is substituted—

“(7)	If an authorisation is given under section 44 in respect of an area or place,

a further authorisation cannot take effect in respect of that area or place

until after the end of seven days after the previous authorisation ceases to

have effect unless renewed in writing by the Secretary of State.

(8)	If the Secretary of State renews an authorisation under subsection (7) he

or she must lay a copy of the renewed authorisation before both Houses

of Parliament as soon as is reasonably practicable.

(9)	If the Secretary of State renews an authorisation under subsection (7) on

six or more occasions, he or she must, as soon as is reasonably

practicable, lay before Parliament a statement explaining why the

authorisation has been renewed.”’.

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Revised 4 February 2010