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| | Repeal of section 82 of the Criminal Justice and Police Act 2001 |
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| To move the following Clause:— |
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| | ‘Section 82 of the Criminal Justice and Police Act 2001 is repealed.’. |
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| | Repeal of sections 9 and 10 of the Criminal Justice Act 2003 |
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| To move the following Clause:— |
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| | ‘Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.’. |
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| | National DNA Database Reviewer |
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| To move the following Clause:— |
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| | ‘(1) | Within 12 months of the coming into force of any of sections 14 to 21, the |
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| | Secretary of State shall appoint a Reviewer to be known as the National DNA |
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| | (2) | Subject to subsection (4), the National DNA Database Reviewer shall keep under |
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| | (a) | the exercise and performance, of the powers and duties conferred or |
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| | imposed by section 64ZI(5) of the Police and Criminal Evidence Act |
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| | (b) | the exercise and performance of the powers conferred by section 64ZK |
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| | of the Police and Criminal Evidence Act 1984; |
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| | (c) | the exercise and performance of the powers and duties conferred or |
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| | imposed by Article 64ZI(5) of the Police and Criminal Evidence |
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| | (Northern Ireland) Order 1989; |
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| | (d) | the exercise and performance of the powers conferred by Article 64ZK |
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| | of the Police and Criminal Evidence (Northern Ireland) Order 1989; |
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| | (e) | the exercise and performance of the powers and duties conferred or |
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| | imposed by paragraph 14F(5) of Schedule 8 to the Terrorism Act 2000; |
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| | (f) | the exercise and performance of the powers and duties conferred or |
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| | imposed by paragraph 14G of Schedule 8 to the Terrorism Act 2000; and |
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| | (g) | the exercise and performance of the powers and duties conferred or |
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| | imposed by section 18(3E) of the Counter-Terrorism Act 2008. |
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| | (3) | Within 12 months of his appointment, and every 12 months thereafter, the |
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| | National DNA Database Reviewer must lay a report of the findings of his review |
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| | before both Houses of Parliament. |
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| | (4) | Each report of the National DNA Database Reviewer must include consideration |
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| | (a) | the number of decisions taken during the proceeding 12 months period |
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| | under each of the powers in subsection (2); |
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| | (b) | the grounds for any decisions taken during any preceding 12 month |
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| | period under each of the powers in subsection (2); |
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| | (c) | an equality impact assessment of the exercise of the powers in subsection |
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| | (2) over the preceding 12 month period; and |
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| | (d) | an assessment of the operation of each of the powers in subsection (2).’. |
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| | Power to stop and search under Terrorism Act 2000 |
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| To move the following Clause:— |
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| | ‘(1) | Section 44 of the Terrorism Act 2000 (authorisations) is amended as follows. |
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| | (2) | In subsection (3), for “expedient” there is substituted “necessary”. |
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| | (3) | After subsection (3) there is inserted— |
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| | “(3A) | The area specified under subsection (2) shall not exceed one square |
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| | (4) | In subsection (4), for “the whole or part of a police area” (wherever occurring) |
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| | there is substituted “in a police area”. |
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| | (5) | Section 45 of the Terrorism Act 2000 (exercise of power) is amended as follows. |
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| | (6) | For subsection (1)(b) there is substituted— |
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| | “(b) | may only be exercised where the constable has reasonable |
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| | grounds for suspecting the presence of articles of that kind.”. |
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| | (7) | Section 46 of the Terrorism Act 2000 (duration of authorisation) is amended as |
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| | (8) | In subsection (2) for “28” there is substituted “7”. |
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| | (9) | In subsection (7) after “is renewed” insert “but the same authorisation shall not |
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| | remain in effect for more than 28 days”.’. |
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| | Prohibition of immobilisation or restriction and removal of vehicles |
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| To move the following Clause:— |
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| | ‘(1) | A person commits an offence if the person carries out any of the following |
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| | (a) | the immobilisation of a motor vehicle by the attachment to the vehicle, or |
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| | to a part of it, of an immobilising device; |
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| | (b) | the demanding or collection of a charge as a condition of the removal of |
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| | an immobilising device from a motor vehicle; |
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| | (c) | the moving of a vehicle, or the restriction of the movement of a vehicle, |
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| | (d) | the demanding or collection of a charge as a condition of any release of |
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| | a vehicle which has been so moved or restricted; |
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| | | unless that activity is carried out with the consent of the owner, keeper or user of |
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| | (2) | A person who is an occupier of any premises commits an offence if— |
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| | (a) | another person carries out, in relation to vehicles on those premises, any |
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| | activities falling within subsection (1), and |
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| | (b) | those activities are carried out with the permission of that occupier or for |
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| | the purposes of, or in connection with, any contract for the supply of |
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| | (3) | A person guilty of an offence under this section shall be liable— |
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| | (a) | on summary conviction, to a fine not exceeding the statutory maximum; |
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| | (b) | on conviction on indictment, to a fine. |
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| | (4) | The Private Security Industry Act 2001 is amended as follows— |
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| | (b) | in Schedule 2 omit paragraphs 3 and 3A.’. |
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| Page 1, line 13 [Clause 1], leave out ‘if that is not practicable’. |
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| Page 1, line 13 [Clause 1], after second ‘as’, insert ‘reasonably’. |
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| Page 2, line 4 [Clause 1], after ‘origins’, insert ‘and the stated named and address’. |
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| Page 2, line 11 [Clause 1], leave out from first ‘person’ to ‘as’ in line 12. |
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| Page 3, line 13 [Clause 2], leave out ‘cautioned or warned or reprimanded’. |
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| Page 4, line 19 [Clause 2], leave out from beginning to ‘and’ in line 22. |
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| Page 4, line 26 [Clause 2], leave out ‘cautioned or warned or reprimanded’. |
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| Page 5, line 9 [Clause 3], leave out ‘who is a United Kingdom national or resident’. |
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| Page 5, line 17 [Clause 3], leave out from ‘Wales’ to end of line 18. |
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| Page 6, line 5 [Clause 3], leave out ‘who is a United Kingdom national or resident’. |
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| Page 6, line 12 [Clause 3], leave out from ‘Wales’ to end of line 13. |
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| Page 6, line 38 [Clause 3], leave out paragraph (b). |
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| Page 9, line 7 [Clause 5], at end insert— |
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| | ‘(1A) | In section 24 of the Police and Criminal Evidence Act 1984 (arrest) after |
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| | subsection (6) there is inserted— |
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| | “(7) | For the avoidance of doubt, the taking of fingerprints, impressions of |
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| | footwear and intimate and non-intimate samples is not, on its own, a |
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| | reasonable ground for believing that it is necessary to arrest a person.”’. |
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| Page 13, line 21 [Clause 6], at end insert— |
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| | ‘15A | Fingerprints and non-intimate samples may only be taken under sections |
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| | 61(5A), 61(5B), 63(3ZA) and 63(3A) from a person at a police station.’. |
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| Page 15, line 13 [Clause 7], after ‘2008’, insert ‘other than an offence under |
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| section 1 and 2 of the Terrorism Act 2006’. |
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| Page 18, line 9 [Clause 9], leave out ‘who is a United Kingdom national or |
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| Page 19, line 6 [Clause 9], leave out ‘who is a United Kingdom national or |
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| Page 19, line 37 [Clause 9], leave out paragraph (b). |
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| Page 28, line 20, leave out Clauses 14 to 21. |
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| Page 28, line 20, leave out Clauses 14 to 20. |
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| Page 31, line 5 [Clause 14], leave out from ‘offence’ to end of line 6. |
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| Page 31 [Clause 14], leave out lines 11 to 23 and insert— |
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| | ‘(3) | Subject to subsections (3AA) to (3AI), the material must be destroyed as soon as |
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| | it has fulfilled the purpose for which it was taken or supplied. |
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| | (3AA) | Where any fingerprint, impression of footwear or DNA profile has been taken |
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| | from a person under this Part who is arrested for or charged with a sexual offence |
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| | or violent offence, the fingerprint, impression of footwear or DNA profile shall |
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| | be destroyed no later than— |
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| | (a) | in the case of fingerprints or impressions of footwear, before the end of |
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| | the period of three years beginning with the date on which the |
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| | fingerprints or impression were taken, such date being the “initial |
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| | (b) | in the case of a DNA profile, before the end of the period of three years |
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| | beginning with the date on which the DNA sample from which the DNA |
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| | profile was derived was taken (or if the profile was derived from more |
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| | than one DNA sample, the date on which the first of those samples was |
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| | taken), such date being the “initial DNA retention date”; or |
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| | (c) | such later date as may be ordered under subsection (3AB). |
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| | (3AB) | On application made by the responsible chief officer of police within the period |
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| | of three months before the initial retention date or the initial DNA retention date |
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| | as the case may be, the Crown Court, if satisfied that there are reasonable grounds |
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| | for doing so, may make an order amending, or futher amending, the date of |
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| | destruction of the relevant fingerprint, impression of footwear or DNA profile. |
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| | (3AC) | An order under subsection (3AB) shall not specify a date more than two years |
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| | (a) | the initial retention date in relation to fingerprints or impressions of |
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| | (b) | the initial DNA retention date in the case of a DNA profile. |
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| | (3AD) | Any decision of the Crown Court may be appealed to the Court of Appeal within |
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| | 21 days of such decision. |
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| | (3AE) | Subsection (3AA) does not apply where— |
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| | (a) | an application under subsection (3AB) above has been made but has not |
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| | (b) | the period within which an appeal may be brought under subsection |
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| | (3AD) above against a decision to refuse an application has not elapsed; |
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| | (c) | such an appeal has been brought but has not been withdrawn or finally |
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| | (a) | the period within which an appeal referred to in subsection (3AD) has |
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| | elapsed without such an appeal being brought, or |
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| | (b) | such an appeal is brought and is withdrawn or finally determined without |
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| | any extension of the time period referred to in subsection (3AC), |
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| | | the fingerprint, impression of footwear or DNA profile shall be destroyed as soon |
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| | (3AG) | For the purposes of this section a “sexual offence” or “violent offence” shall mean |
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| | such offences of a violent or sexual nature as shall be set out in any order made |
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| | by the Secretary of State with reference to this section. |
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| | (3AH) | An order under this section must be made by statutory instrument. |
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| | (3AI) | A statutory instrument containing an order under subsection (3AH) above shall |
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| | not be made unless a draft of the instrument has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Page 31, line 27 [Clause 14], leave out from beginning to end of line 10 on page 35. |
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| Page 37, line 26 [Clause 14], at end insert— |
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| | ‘(5) | For the purposes of subsection (1), “for the purposes of national security” means |
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| | for the purposes of investigating significant threats to the security of the United |
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| | (a) | terrorist activities; |
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| | (b) | nuclear weapons and other weapons of mass destruction; |
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| | (c) | trans-national organised crime; |
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| | (d) | global instability and conflict; |
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| | (e) | civil emergencies; or |
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| | (f) | state-led threats to the United Kingdom.’. |
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