Prevention of Terrorism Bill

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Prevention of Terrorism Bill

Prevention of Terrorism Bill
8

(2)
The power of the Secretary of State to make an order containing a declaration
for the purposes of subsection (1)(b)(ii) is exercisable by statutory instrument.
(3)
No order may be made by the Secretary of State containing such a declaration
unless a draft of it has been laid before Parliament and approved by a
resolution of each House.
5
(4)
Subsection (3) does not apply to an order that contains a statement by the
Secretary of State that the order needs, by reason of urgency, to be made
without the approval required by that subsection.
(5)
An order under this section that contains such a statement—
(a)
must be laid before Parliament after being made; and
10
(b)
if not approved by a resolution of each House before the end of 40 days
beginning with the day on which the order was made, ceases to have
effect at the end of that period.
(6)
Where an order ceases to have effect in accordance with subsection (5), that
does not—
15
(a)
affect anything previously done in reliance on the order; or
(b)
prevent the Secretary of State from exercising any power of his to make
a new order for the purposes of subsection (1)(b)(ii) to the same or
similar effect.
(7)
In this section—
20
“40 days” means 40 days computed as provided for in section 7(1) of the
Statutory Instruments Act 1946 (c. 36);
“the relevant derogation”, in relation to a derogating control order, means
the designated derogation by reference to which the derogating
obligations imposed by that order were imposed.
25
6
Modification, notification and proof of orders etc.
(1)
Where a revocation or modification of a control order is not to take effect
immediately, the instrument of revocation or modification must specify the
time from which it is to take effect.
(2)
The controlled person is bound by—
30
(a)
a control order,
(b)
the renewal of a control order, or
(c)
a modification by virtue of subsection (2)(d),

only if a notice setting out the terms of the order, renewal or modification has
been delivered to him in person.
35
(3)
For the purpose of delivering a notice under subsection (2) to the controlled
person a constable or a person authorised for the purpose by the Secretary of
State may (if necessary by force)—
(a)
enter any premises where he has reasonable grounds for believing that
person to be; and
40
(b)
search those premises for him.
(4)
Where the court or the court revokes a control order or modifies it by virtue of
subsection (2)(b) or (c)—
(a)
he must give notice of the revocation or modification to the controlled
person; and
45

Prevention of Terrorism Bill
9

(b)
the notice must set out the time from which the revocation or
modification takes effect.
(5)
A control order, or the renewal, revocation or modification of such an order,
may be proved by the production of a document purporting to be certified by
the court or the court as a true copy of—
5
(a)
the order; or
(b)
the instrument of renewal, revocation or modification;

but this does not prevent the proof of a control order, or of the renewal,
revocation or modification of such an order, in other ways.
7
Criminal investigations after making of control order
10
(1)
This section applies where a control order has been made against an individual
if it appears to the Secretary of State—
(a)
that the involvement in terrorism-related activity of which that
individual is suspected may have involved the commission of an
offence relating to terrorism; and
15
(b)
that the commission of that offence would fall to be investigated by a
police force.
(2)
The Secretary of State must inform the chief officer of the police force that the
control order has been made and that this section applies.
(3)
It shall then be the duty of the chief officer to secure that the investigation of
20
the individual’s conduct with a view to his prosecution for an offence relating
to terrorism is kept under review throughout the period during which the
control order has effect.
(4)
Where he considers it appropriate to do so in performing his duty under
subsection (3), the chief officer must consult the relevant prosecuting authority.
25
(5)
In this section—
“chief officer”—
(a)
in relation to a police force maintained for a police area in
England and Wales, means the chief officer of police of that
force;
30
(b)
in relation to a police force maintained under the Police
(Scotland) Act 1967 (c. 77), means the chief constable of that
force;
(c)
in relation to the Police Service of Northern Ireland, means the
Chief Constable of that Service;
35
(d)
in relation to the Serious Organised Crime Agency, means the
Director General of that Agency; and
(e)
in relation to the Scottish Drug Enforcement Agency, means the
Director of that Agency;
“police force” means—
40
(a)
a police force maintained for a police area in England and
Wales;
(b)
a police force maintained under the Police (Scotland) Act 1967;
(c)
the Police Service of Northern Ireland;
(d)
the Serious Organised Crime Agency; or
45
(e)
the Scottish Drug Enforcement Agency;
“relevant prosecuting authority”—

Prevention of Terrorism Bill
10

(a)
in relation to offences that would be likely to be prosecuted in
England and Wales, means the Director of Public Prosecutions;
(b)
in relation to offences that would be likely to be prosecuted in
Scotland, means the appropriate procurator fiscal;
(c)
in relation to offences that would be likely to be prosecuted in
5
Northern Ireland, means the Director of Public Prosecutions for
Northern Ireland.
(6)
In relation to times before the Serious Organised Crime Agency begins to carry
out its functions, this section is to have effect as if—
(a)
the National Crime Squad were a police force; and
10
(b)
references, in relation to that Squad, to its chief officer were references
to its Director General.
(7)
In subsection (5)—
“the Scottish Drug Enforcement Agency” means the organisation known
by that name and established under section 36(1)(a)(ii) of the Police
15
(Scotland) Act 1967 (c. 77); and
“the Director” of that Agency means the person engaged on central
service (as defined by section 38(5) of that Act) and for the time being
appointed by the Scottish Ministers to exercise control in relation to the
activities carried out in the exercise of the Agency’s functions.
20
8
Offences
(1)
A person who, without reasonable excuse, contravenes an obligation imposed
on him by a control order is guilty of an offence.
(2)
A person is guilty of an offence if—
(a)
a control order by which he is bound at a time when he leaves the
25
United Kingdom requires him, whenever he enters the United
Kingdom, to report to a specified person that he is or has been the
subject of such an order;
(b)
he re-enters the United Kingdom after the order has ceased to have
effect;
30
(c)
the occasion on which he re-enters the United Kingdom is the first
occasion on which he does so after leaving while the order was in force;
and
(d)
on that occasion he fails, without reasonable excuse, to report to the
specified person in the manner that was required by the order.
35
(3)
A person is guilty of an offence if he intentionally obstructs the exercise by any
person of a power conferred by section 6(3).
(4)
A person guilty of an offence under subsection (1) or (2) shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine, or to both;
40
(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
45
exceeding the statutory maximum, or to both.

Prevention of Terrorism Bill
11

(5)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12
months is to be read as a reference to 6 months.
(6)
Where a person is convicted by or before any court of an offence under
subsection (1) or (2), it is not to be open to the court, in respect of that offence—
5
(a)
to make an order under section 12(1)(b) of the Powers of Criminal
Courts (Sentencing) Act 2000 (c. 6) (conditional discharge);
(b)
to make an order under section 228(1) of the Criminal Procedure
(Scotland) Act 1995 (c. 46) (probation orders); or
(c)
to make an order under Article 4(1)(b) of the Criminal Justice (Northern
10
Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in
Northern Ireland).
(7)
A person guilty of an offence under subsection (3) shall be liable—
(a)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 51 weeks or to a fine not exceeding level 5 on the
15
standard scale, or to both;
(b)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
exceeding level 5 on the standard scale, or to both.
(8)
In relation to an offence committed before the commencement of section 281(5)
20
of the Criminal Justice Act 2003, the reference in subsection (7)(a) to 51 weeks
is to be read as a reference to 6 months.
(9)
In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable
offences), at the end insert—
“Prevention of Terrorism Act 2005
25
27A
An offence under section 8(3) of the Prevention of Terrorism Act
2005.”
(10)
In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order
1989 (S.I. 1989/1341 (N.I. 12)) (offences for which an arrest may be made
without a warrant in Northern Ireland), at the end insert—
30
“(o)
an offence under section 8(3) of the Prevention of Terrorism Act
2005.”
Appeals and other proceedings
9
Appeals relating to non-derogating control orders
(1)
Where—
35
(a)
a non-derogating control order has been made or renewed, or
(b)
an obligation imposed by such an order has been modified without the
consent of the controlled person,

the controlled person may appeal to the court against the making, renewal or
modification.
40
(2)
In the case of an appeal against a renewal with modifications, the appeal may
include an appeal against some or all of the modifications.

Prevention of Terrorism Bill
12

(3)
Where an application is made by the controlled person to the Secretary of State
for—
(a)
the revocation of a non-derogating control order, or
(b)
the modification of an obligation imposed by such an order,

that person may appeal to the court against any decision by the Secretary of
5
State on the application.
(4)
The function of the court on an appeal against the making of a non-derogating
control order is to determine whether any of the following decisions of the
Secretary of State was flawed—
(a)
his decision that the requirements of section 2(1)(a) and (b) were
10
satisfied for the making of the order;
(b)
his decisions on the imposition of each of the obligations imposed by
the order.
(5)
The function of the court on an appeal against the renewal of a non-derogating
control order, or on an appeal against a decision not to revoke such an order,
15
is to determine whether either or both of the following decisions of the
Secretary of State was flawed—
(a)
his decision that it is necessary, for purposes connected with protecting
members of the public from a risk of terrorism, for an order imposing
obligations on the controlled person to continue in force;
20
(b)
his decision that the obligations to be imposed by the renewed order, or
(as the case may be) the obligations imposed by the order to which the
application for revocation relates, are necessary for purposes connected
with preventing or restricting involvement by that person in terrorism-
related activity.
25
(6)
The function of the court on an appeal against a modification of an obligation
imposed by a non-derogating control order (whether on a renewal or
otherwise), or on an appeal against a decision not to modify such an obligation,
is to determine whether the following decision of the Secretary of State was
flawed—
30
(a)
in the case of an appeal against a modification, his decision that the
modification is necessary for purposes connected with preventing or
restricting involvement by the controlled person in terrorism-related
activity; and
(b)
in the case of an appeal against a decision on an application for the
35
modification of an obligation, his decision that the obligation continues
to be necessary for that purpose.
(7)
In determining the matters mentioned in subsections (4) to (6) the court must
apply the principles applicable on an application for judicial review.
(8)
If the court determines on an appeal under this section that a decision of the
40
Secretary of State was flawed, its only powers are—
(a)
power to quash the order or its renewal;
(b)
power to quash one or more obligations imposed by the order; and
(c)
power to give directions to the Secretary of State for the revocation of
the order or for the modification of the obligations it imposes.
45
(9)
In every other case, the court must dismiss the appeal.