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Prevention of Terrorism Bill


Prevention of Terrorism Bill

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(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.

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(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

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(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—

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(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—

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“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.

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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—

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(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.

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(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

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(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

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Prevention of Terrorism Bill

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(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—

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(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

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(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

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(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

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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.

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(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;

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(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;

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(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—

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(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

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(e)   

the Scottish Drug Enforcement Agency;

“relevant prosecuting authority”—

 
 

Prevention of Terrorism Bill

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(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

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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

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(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

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(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.

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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

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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;

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(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.

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(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;

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(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

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exceeding the statutory maximum, or to both.

 
 

Prevention of Terrorism Bill

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(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—

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(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

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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)

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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

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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—

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“(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—

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(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.

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(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

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(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

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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

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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,

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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;

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(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.

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(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—

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(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

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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

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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.

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(9)   

In every other case, the court must dismiss the appeal.

 
 

 
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