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back to previous amendments
| | THE BARONESS SCOTLAND OF ASTHAL |
| 55* | Page 4, line 36, at beginning insert— |
| 23 | "(A1) The Secretary of State may make a control order against an individual if he— |
| 4 | (a) has reasonable grounds for suspecting that the individual is or has been involved in terrorism-related activity; and |
| 8 | (b) considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to make a control order imposing obligations on that individual. |
| 9 | (A2) The Secretary of State may make a control order against an individual who is for the time being bound by a control order made by the court only if he does so— |
| (a) | after the court has determined that its order should be revoked; but |
| (b) | while the effect of the revocation has been postponed for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual. |
| 17 | (A3) A control order made by the Secretary of State is called a non-derogating control order." |
| | THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
[Amendments 56 to 62 are amendments to amendment 55] |
| 56* | In line 2, leave out "Secretary of State" and insert "court" |
| 57* | Line 3, leave out "he" and insert "it" |
| 58* | Line 4, leave out "has reasonable grounds for suspecting" and insert "is satisfied on the balance of probabilities" |
| 59* | Line 8, at end insert "and |
| (c) | has been informed by the Director of Public Prosecutions that there is no reasonable prospect of a successful prosecution of the individual for the terrorism-related activity." |
| 60* | Line 8, at end insert— |
| "( ) | The court shall not impose a derogating obligation on an individual unless it is proved that the individual is or has been involved in terrorism-related activity." |
| 61* | Line 9, leave out subsection (A2) |
| 62* | Line 17, leave out subsection (A3) and insert— |
| "( ) | A control order imposing a derogating obligation is called a derogating control order and any other control order is called a non-derogating control order." |
| 63* | Page 4, line 36, leave out from beginning to end of line 12 on page 5 and insert— |
| | The High Court will set the limit of all non-derogating control orders." |
| | THE DUKE OF MONTROSE
THE LORD KINGSLAND |
| 64* | Page 4, line 37, after "a" insert "maximum" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 65* | Page 4, line 37, leave out "of" and insert "specified in the order and not exceeding" |
| 66* | Page 4, line 41, leave out "non-derogating" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD
THE LORD GOODHART |
| 67* | Page 4, line 43, leave out "Secretary of State" and insert "court" |
| | THE DUKE OF MONTROSE
THE LORD KINGSLAND |
| 68* | Page 4, line 43, after "may" insert "apply to the court to" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 69* | Page 4, line 43, leave out "non-derogating" |
| | THE DUKE OF MONTROSE
THE LORD KINGSLAND |
| 70* | Page 4, line 44, after "a" insert "maximum" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 71* | Page 4, line 44, leave out "of" and insert "not exceeding" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GOODHART |
| 72* | Page 4, line 44, leave out "he" and insert "it" |
| 73* | Page 5, line 1, leave out "purposes connected with" and insert "the purpose of" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 74* | Page 5, line 2, leave out second "the" and insert "a" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD
THE LORD GOODHART |
| 75* | Page 5, line 7, leave out "Secretary of State" and insert "court" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 76* | Page 5, line 7, leave out "non-derogating" |
| | THE DUKE OF MONTROSE
THE LORD KINGSLAND |
| 77* | Page 5, line 7, leave out "12 month" and insert "maximum" |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 78* | Page 5, line 11, leave out "non-derogating" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 79* | Page 5, line 12, at end insert— |
| "( ) | It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the Secretary of State, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters to which the Secretary of State's grounds for suspicion relate." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 80* | Insert the following new Clause— |
| | "Power of court to make derogating control orders |
| (1) | On an application to the court by the Secretary of State for the making of a a control order against an individual, it shall be the duty of the court— |
| 67 | (a) to hold an immediate preliminary hearing to determine whether to make a control order imposing obligations that are or include derogating obligations (called a "derogating control order") against that individual; and |
| (b) | if it does make such an order against that individual, to give directions for the holding of a full hearing to determine whether to confirm the order (with or without modifications). |
| (2) | The preliminary hearing under subsection (1)(a) may be held— |
| (a) | in the absence of the individual in question; |
| (b) | without his having had notice of the application for the order; and |
| (c) | without his having been given an opportunity (if he was aware of the application) of making any representations to the court; |
| | but this subsection is not to be construed as limiting the matters about which rules of court may be made in relation to that hearing. |
| (3) | At the preliminary hearing, the court may make a control order against the individual in question if it appears to the court— |
| (a) | that there is material which (if not disproved) is capable of being relied on by the court as establishing that the individual is or has been involved in terrorism-related activity; |
| (b) | that there are reasonable grounds for believing that the imposition of obligations on that individual is necessary for purposes connected with protecting members of the public from a risk of terrorism; |
| 28 | (c) that the risk arises out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and |
| 3134 | (d) that the obligations that there are reasonable grounds for believing should be imposed on the individual are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order. |
| 35 | (4) The obligations that may be imposed by a derogating control order in the period between— |
| (a) | the time when the order is made, and |
| (b) | the time when a final determination is made by the court whether to confirm it, |
| | include any obligations which the court has reasonable grounds for considering are necessary as mentioned in section 1(1C). |
| (5) | At the full hearing under subsection (1)(b), the court may— |
| (a) | confirm the control order made by the court; or |
| | and where the court revokes the order, it may (if it thinks fit) direct that this Act is to have effect as if the order had been quashed. |
| (6) | In confirming a control order, the court— |
| (a) | may modify the obligations imposed by the order; and |
| (b) | where a modification made by the court removes an obligation, may (if it thinks fit) direct that this Act is to have effect as if the removed obligation had been quashed. |
| 53 | (7) At the full hearing, the court may confirm the control order (with or without modifications) only if— |
| 54 | (a) it is satisfied, on the balance of probabilities, that the controlled person is an individual who is or has been involved in terrorism-related activity; |
| (b) | it considers that the imposition of obligations on the controlled person is necessary for purposes connected with protecting members of the public from a risk of terrorism; |
| 60 | (c) it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and |
| 6467 | (d) the obligations to be imposed by the order or (as the case may be) by the order as modified are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order. |
| (8) | A derogating control order ceases to have effect at the end of the period of 6 months beginning with the day on which it is made unless— |
| (a) | it is previously revoked (whether at the hearing under subsection (1)(b) or otherwise under this Act); |
| (b) | it ceases to have effect under clause 4; or |
| (9) | The court, on an application by the Secretary of State, may renew a derogating control order (with or without modifications) for a period of 6 months from whichever is the earlier of— |
| (a) | the time when the order would otherwise have ceased to have effect; and |
| (b) | the beginning of the seventh day after the date of renewal. |
| (10) | The power of the court to renew a derogating control order is exercisable on as many occasions as the court thinks fit; but, on each occasion, it is exercisable only if— |
| (a) | the court considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a derogating control order to continue in force against the controlled person; |
| (b) | it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; |
| (c) | the derogating obligations that the court considers should continue in force are of a description that continues to be set out for the purposes of the designated derogation in the designation order; and |
| (d) | the court considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity. |
| (11) | It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the court, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters in relation to which the requirements of subsection (3)(a) or (7)(a) were satisfied." |
| | THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
[Amendments 81 to 90 are amendments to amendment 80] |
| 81* | Line 6, leave out from "order" to "against" in line 7 |
| 82* | Line 28, leave out paragraph (c) |
| 83* | Line 31, after first "that" insert "if" |
| 84* | Line 34, at end insert "the risk arises out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention" |
| 85* | Line 35, leave out "derogating" |
| 86* | Line 53, at end insert— |
| "( ) | in the case of a derogated control order, it is proved that the controlled person is an individual who is or has been involved in terrorism-related activity" |
| 87* | Line 54, leave out "it" and insert "in the case of a non-derogating control order, the court" |
| 88* | Line 60, leave out paragraph (c) |
| 89* | Line 64, at beginning insert "if" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 90* | Line 67, at end insert "that it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention" |
| 91* | Insert the following new Clause— |
| | "Arrest and detention pending derogating control order |
| (1) | A constable may arrest and detain an individual if— |
| (a) | the Secretary of State has made an application to the court for a derogating control order to be made against that individual; and |
| (b) | the constable considers that the individual's arrest and detention is necessary to ensure that he is available to be given notice of the order if it is made. |
| (2) | A constable who has arrested an individual under this section must take him to the designated place that the constable considers most appropriate as soon as practicable after the arrest. |
| (3) | An individual taken to a designated place under this section may be detained there until the end of 48 hours from the time of his arrest. |
| (4) | If the court considers that it is necessary to do so to ensure that the individual in question is available to be given notice of any derogating control order that is made against him, it may, during the 48 hours following his arrest, extend the period for which the individual may be detained under this section by a period of no more than 48 hours. |
| (5) | An individual may not be detained under this section at any time after— |
| (a) | he has become bound by a derogating control order made against him on the Secretary of State's application; or |
| (b) | the court has dismissed the application. |
| (6) | A person who has the powers of a constable in one part of the United Kingdom may exercise the power of arrest under this section in that part of the United Kingdom or in any other part of the United Kingdom. |
| (7) | An individual detained under this section— |
| (a) | shall be deemed to be in legal custody throughout the period of his detention; and |
| (b) | after having been taken to a designated place shall be deemed— |
| (i) | in England and Wales, to be in police detention for the purposes of the Police and Criminal Evidence Act 1984 (c. 60); and |
| (ii) | in Northern Ireland, to be in police detention for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.1989/1341 (N.I.12)); |
| | but paragraph (b) has effect subject to subsection (8). |
| (8) | Paragraphs 1(6), 2, 6 to 9 and 16 to 19 of Schedule 8 to the Terrorism Act 2000 (c. 11) (powers and safeguards in the case of persons detained under section 41 of that Act) apply to an individual detained under this section as they apply to a person detained under section 41 of that Act, but with the following modifications— |
| (a) | the omission of paragraph 2(2)(b) to (d) (which confers powers on persons specified by the Secretary of State, prison officers and examining officers); |
| (b) | the omission of paragraph 8(2), (5) and (5A) (which relates to the postponement of a person's rights in England and Wales or Northern Ireland); and |
| (c) | the omission of paragraphs 16(9) and 17(4) and (4A) (which make similar provision for Scotland). |
| (9) | The power to detain an individual under this section includes power to detain him in a manner that is incompatible with his right to liberty under Article 5 of the Human Rights Convention if, and only if— |
| (a) | there is a designated derogation in respect of the detention of individuals under this section in connection with the making of applications for derogating control orders; and |
| (b) | that derogation and the designated derogation relating to the power to make the orders applied for are designated in respect of the same public emergency. |
| (10) | In this section "designated place" means any place which the Secretary of State has designated under paragraph 1(1) of Schedule 8 to the Terrorism Act 2000 (c. 11) as a place at which persons may be detained under section 41 of that Act." |
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