Counter-Terrorism Bill

House of Lords

Session 2007 - 08
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Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 6 — Notification requirements: application to service offences
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Schedule 6
Section 59

Notification requirements: application to service offences
Service offences to which this Part applies: terrorism offences
1
This Part applies to a service offence as respects which the corresponding
civil offence is an offence within section 42(1) or (2) (offences to which this
5
Part applies: terrorism offences).
Service offences to which this Part applies: offences having a terrorist connection
2     (1)
This Part applies to a service offence as to which the service court dealing
with the offence has determined in accordance with section 33 that the
offence has a terrorist connection.
10
      (2)
A person to whom the notification requirements apply by virtue of such a
determination may appeal against it to the same court, and subject to the
same conditions, as an appeal against sentence.
      (3)
If the determination is set aside on appeal, the notification requirements are
treated as never having applied to that person in respect of the offence.
15
Service offences dealt with before commencement
3     (1)
This Part applies to a person dealt with for a service offence before the
commencement of this Part only if—
(a)
the corresponding civil offence is on the commencement of this Part
within section 42(1) or (2) (offences to which this Part applies:
20
terrorism offences), and
(b)
immediately before the commencement of this Part the person—
(i)
is imprisoned or detained in pursuance of the sentence or
other order made in respect of the offence,
(ii)
would be so imprisoned or detained but for being unlawfully
25
at large, absent without leave, on temporary leave or leave of
absence, or released from custody (or on bail) pending an
appeal, or
(iii)
is on licence having served the custodial part of a sentence of
imprisonment in respect of the offence.
30
      (2)
In relation to a person dealt with for a service offence before the
commencement of this Part, any reference in this Schedule to a sentence,
order or finding under a specified statutory provision includes a sentence or
order under any corresponding earlier statutory provision.
Service offences: sentences or orders triggering notification requirements
35
4     (1)
The notification requirements apply to a person who—
(a)
has been convicted of a service offence to which this Part applies and
sentenced in respect of the offence to—
(i)
imprisonment for life,
(ii)
imprisonment for a term of 12 months or more,
40
(iii)
imprisonment for public protection under section 225 of the
Criminal Justice Act 2003 (c. 44),

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Schedule 6 — Notification requirements: application to service offences
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(iv)
detention for life or for a period of 12 months or more under
section 209 of the Armed Forces Act 2006 (c. 52),
(v)
detention and training (and supervision) under section 211 of
that Act, where the term of the order under that section is 12
months or more,
5
(vi)
detention for public protection under section 226 of the
Criminal Justice Act 2003 (c. 44), or
(vii)
detention during Her Majesty’s pleasure; or
(b)
has been—
(i)
convicted of a service offence to which this Part applies
10
carrying a maximum term of imprisonment of 12 months or
more,
(ii)
found not guilty by reason of insanity of such an offence, or
(iii)
found to be unfit to stand trial and to have done the act
charged against them in respect of such an offence,
15

and made subject in respect of the offence to a hospital order.
      (2)
In relation to a sentence passed under (or by virtue of) the Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval
Discipline Act 1957 (c. 53), sub-paragraph (1)(a) has effect with the following
modifications—
20
(a)
in sub-paragraph (i), after “imprisonment” insert “(or custody)”;
(b)
in sub-paragraph (ii), after “imprisonment” insert “(or a custodial
order)”;
(c)
in sub-paragraph (iv), at the end insert “(or under section 71A(4) of
the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the
25
Naval Discipline Act 1957)”.
      (3)
The reference in sub-paragraph (1)(b)(i) to an offence carrying a maximum
term of imprisonment of 12 months or more—
(a)
is to an offence carrying such a maximum term in the case of a person
who has attained the age of 18 (or 21, as respects any time before the
30
coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (c. 43)), and
(b)
includes an offence carrying in the case of such a person a maximum
term of life imprisonment and an offence for which in the case of
such a person the sentence is fixed by law as life imprisonment.
35
Service offences: power to amend specified terms or periods of imprisonment or detention
5     (1)
The Secretary of State may by order amend the provisions of paragraph 4
referring to a specified term or period of imprisonment or detention.
      (2)
An order reducing a specified term or period has effect only in relation to
persons dealt with after the order comes into force.
40
      (3)
Where an order increases a specified term or period—
(a)
it has effect in relation to persons dealt with at any time, whether
before or after the order comes into force, and
(b)
a person who would not have been subject to the notification
requirements if the order had been in force when the offence was
45
dealt with (and who is not otherwise subject to those requirements)
ceases to be subject to the requirements when the order comes into
force.

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Schedule 6 — Notification requirements: application to service offences
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      (4)
An order under this paragraph is subject to affirmative resolution
procedure.
Service offences: period for which notification requirements apply
6     (1)
The period for which the notification requirements apply is an indefinite
period in the case of a person who has been sentenced in respect of the
5
service offence to—
(a)
imprisonment for life,
(b)
imprisonment for a term of 5 years or more,
(c)
imprisonment for public protection under section 225 of the Criminal
Justice Act 2003 (c. 44),
10
(d)
detention for life or for a period of 5 years or more under section 209
of the Armed Forces Act 2006 (c. 52),
(e)
detention for public protection under section 226 of the Criminal
Justice Act 2003, or
(f)
detention during Her Majesty’s pleasure.
15
      (2)
In relation to a sentence passed under (or by virtue of) the Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval
Discipline Act 1957 (c. 53), sub-paragraph (1) has effect with the following
modifications—
(a)
in paragraph (a), after “imprisonment” insert “(or custody)”;
20
(b)
in paragraph (b), after “imprisonment” insert “(or a custodial
order)”;
(c)
in paragraph (d), at the end insert “(or under section 71A(4) of the
Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the
Naval Discipline Act 1957)”.
25
      (3)
In any other case involving a service offence, the period for which the
notification requirements apply is 10 years.
      (4)
The period begins with the day on which the person is dealt with for the
offence.
      (5)
If a person who is the subject of a finding within paragraph 4(1)(b)(iii)
30
(finding of unfitness to stand trial etc) is subsequently tried for the offence,
the period resulting from that finding ends—
(a)
if the person is acquitted, at the conclusion of the trial;
(b)
if the person is convicted, when the person is again dealt with in
respect of the offence.
35
      (6)
For the purposes of determining the length of the period—
(a)
a person who has been sentenced in respect of two or more terrorism
offences to consecutive terms of imprisonment is treated as if
sentenced, in respect of each of the offences, to a term of
imprisonment equal to the aggregate of the terms; and
40
(b)
a person who has been sentenced in respect of two or more such
offences to concurrent terms of imprisonment (X and Y) that overlap
for a period (Z) is treated as if sentenced, in respect of each of the
offences, to a term of imprisonment equal to X plus Y minus Z.
      (7)
In determining whether the period has expired, there shall be disregarded
45
any period when the person was—
(a)
remanded in or committed to custody by an order of a court,

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Schedule 6 — Notification requirements: application to service offences
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(b)
in service custody pursuant to a decision of a court or judge advocate
(or an order of a commanding officer under section 110 of the Armed
Forces Act 2006 (c. 52)),
(c)
serving a sentence of imprisonment or detention,
(d)
detained in a hospital, or
5
(e)
detained under the Immigration Acts.
      (8)
In sub-paragraph (7)(b)—
(a)
“service custody” includes, in relation to times before the
commencement of the relevant provisions of the Armed Forces Act
2006, military custody, air-force custody and naval custody;
10
(b)
“judge advocate” includes, in relation to such times, judicial officer;
(c)
the reference to section 110 of the Armed Forces Act 2006 includes, in
relation to times before the commencement of that section, a
reference to—
(i)
section 75K of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the
15
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
(ii)
section 47L of the Naval Discipline Act 1957 (c. 53).
Modifications in relation to service offences etc
7     (1)
In the following provisions, references to a person committed to custody by
an order of a court include a person in service custody pursuant to a decision
20
of a court or judge advocate (or an order of a commanding officer under
section 110 of the Armed Forces Act 2006)—
(a)
section 47(4) (initial notification);
(b)
section 48(8) (notification of changes);
(c)
section 49(2) (periodic re-notification);
25
(d)
section 53(7) (period for which requirements apply);
(e)
section 56(3) (notification on return after absence from UK).
      (2)
In section 48(4) (notification on release from custody etc) the reference to
custody pursuant to an order of a court includes service custody pursuant to
a decision of a court or judge advocate (or an order of a commanding officer
30
under section 110 of the Armed Forces Act 2006).
      (3)
Paragraph 6(8) (meaning of “service custody” and “judge advocate” etc)
applies for the purposes of this paragraph.
8
In the application of section 47(6) (initial notification: person dealt with
before commencement) in relation to a service offence, the reference to a
35
person being on bail pending an appeal includes a person released from
custody pending an appeal.
9
Where in relation to a service offence the court of trial (as defined by
subsection (2) of section 51 (meaning of “local police area”)) was situated
outside the United Kingdom, that section has effect as if subsection (1)(c)
40
were omitted.
10
References in this Part to a sentence of detention do not include—
(a)
a sentence of service detention (as defined by section 374 of the
Armed Forces Act 2006), or
(b)
a corresponding sentence passed under (or by virtue of) the Army
45
Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

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Schedule 7 — Offences relating to information about members of armed forces etc: supplementary provisions
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11
The following provisions do not apply in relation to service offences—
(a)
section 44 (offences dealt with before commencement);
(b)
section 45 (sentences or orders triggering notification requirements);
(c)
section 53 (period for which requirements apply).
Application of power to make transitional modifications etc
5
12
An order under subsection (4) of section 380 of the Armed Forces Act 2006
(c. 52) (power to make transitional modifications etc) which makes provision
of the kind mentioned in subsection (6) of that section may provide for
paragraph 4(1)(a) or paragraph 6(1) above to have effect with such
modifications (relating to custodial punishments specified in the order) as
10
are so specified.
Schedule 7
Section 75

Offences relating to information about members of armed forces etc:
supplementary provisions

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000
15
(c. 11)—
“Schedule 8A
Offence under section 58A: supplementary provisions
Introduction
1     (1)
This Schedule makes supplementary provision relating to the
20
offence in section 58A (eliciting, publishing or communicating
information about members of the armed forces etc).
      (2)
The purpose of this Schedule is to comply with Directive 2000/31/
EC of the European Parliament and of the Council of 8 June 2000
on certain legal aspects of information society services, in
25
particular electronic commerce, in the Internal Market (“the E-
Commerce Directive”).
Domestic service providers: extension of liability
2     (1)
This paragraph applies where a service provider is established in
the United Kingdom (a “domestic service provider”).
30
      (2)
Section 58A applies to a domestic service provider who—
(a)
commits any of the acts specified in subsection (1) of that
section in an EEA state other than the United Kingdom,
and
(b)
does so in the course of providing information society
35
services,

as it applies to a person who commits such an act in the United
Kingdom.
      (3)
In such a case—

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(a)
proceedings for the offence may be taken at any place in
the United Kingdom, and
(b)
the offence may for all incidental purposes be treated as
having been committed at any such place.
Non-UK service providers: restriction on proceedings
5
3     (1)
This paragraph applies where a service provider is established in
an EEA state other than the United Kingdom (a “non-UK service
provider”).
      (2)
Proceedings for an offence under section 58A must not be brought
against a non-UK service provider in respect of anything done in
10
the course of the provision of information society services unless
the following conditions are met.
      (3)
The conditions are—
(a)
that the bringing of proceedings is necessary for one of the
following reasons—
15
(i)
public policy,
(ii)
public security, including the safeguarding of
national security and defence;
(b)
that the proceedings are brought against an information
society service that prejudices the objectives referred to in
20
paragraph (a) or presents a serious and grave risk of
prejudice to those objectives;
(c)
that the bringing of the proceedings is proportionate to
those objectives.
Exceptions for mere conduits
25
4     (1)
A service provider is not guilty of an offence under section 58A in
respect of anything done in the course of providing so much of an
information society service as consists in—
(a)
the provision of access to a communication network, or
(b)
the transmission in a communication network of
30
information provided by a recipient of the service,

if the following condition is satisfied.
      (2)
The condition is that the service provider does not—
(a)
initiate the transmission,
(b)
select the recipient of the transmission, or
35
(c)
select or modify the information contained in the
transmission.
      (3)
For the purposes of sub-paragraph (1)—
(a)
the provision of access to a communication network, and
(b)
the transmission of information in a communication
40
network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the
purpose of carrying out the transmission in the network.

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      (4)
Sub-paragraph (3) does not apply if the information is stored for
longer than is reasonably necessary for the transmission.
Exception for caching
5     (1)
This paragraph applies where an information society service
consists in the transmission in a communication network of
5
information provided by a recipient of the service.
      (2)
The service provider is not guilty of an offence under section 58A
in respect of the automatic, intermediate and temporary storage of
information so provided, if—
(a)
the storage of the information is solely for the purpose of
10
making more efficient the onward transmission of the
information to other recipients of the service at their
request, and
(b)
the following conditions are satisfied.
      (3)
The first condition is that the service provider does not modify the
15
information.
      (4)
The second condition is that the service provider complies with
any conditions attached to having access to the information.
      (5)
The third condition is that if the service provider obtains actual
knowledge that—
20
(a)
the information at the initial source of the transmission has
been removed from the network,
(b)
access to it has been disabled, or
(c)
a court or administrative authority has ordered the
removal from the network of, or the disablement of access
25
to, the information,

the service provider expeditiously removes the information or
disables access to it.
Exception for hosting
6     (1)
A service provider is not guilty of an offence under section 58A in
30
respect of anything done in the course of providing so much of an
information society service as consists in the storage of
information provided by a recipient of the service, if the condition
is met.
      (2)
The condition is that—
35
(a)
the service provider had no actual knowledge when the
information was provided that it contained offending
material, or
(b)
on obtaining actual knowledge that the information
contained offending material, the service provider
40
expeditiously removed the information or disabled access
to it.
      (3)
“Offending material” means information about a person who is or
has been—
(a)
a member of Her Majesty’s forces,
45