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Session 1999-2000
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Amendments to the Terrorism Bill

Terrorism Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Terrorism Bill to be moved in Committee in the House of Lords.

  
Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 61, line 30, leave out ("the passing of this Act") and insert ("14th June 2000") 
     Page 62, line 38, after ("Lord Chancellor") insert ("by statutory instrument") 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 73, line 9, after ("also") insert (", on such an application,") 
     Page 73, line 32, leave out ("Where") and insert ("When") 
     Page 74, line 35, leave out ("his") 
     Page 74, line 36, leave out ("his") 
     Page 74, line 37, leave out ("he is") and insert ("the person convicted is subsequently") 
     Page 74, line 38, leave out ("his") 
     Page 74, line 40, leave out ("has") and insert ("had") 
     Page 74, line 44, leave out ("is some") and insert ("was a") 
     Page 77, line 49, leave out ("(7)") and insert ("(8)") 
  
Clause 27
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 13, line 38, leave out ("of the following persons") and insert ("person") 
     Page 13, leave out lines 41 to 44 
  
Clause 28
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 14, line 23, at end insert--
 
    ("(  )  Before making an order under this section, a magistrates' court or the sheriff must give an opportunity to be heard to any person--
    (a)  who is not a party to the proceedings, and
    (b)  who claims to be the owner of or otherwise interested in any of the cash which can be forfeited under this section.")
 
  
Schedule 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 98, line 34, leave out ("procurator fiscal") and insert ("sheriff") 
     Page 99, line 47, leave out ("discharge") and insert ("recall") 
     Page 101, line 19, leave out from ("that") to ("immediate") 
     Page 101, line 21, leave out ("possible") and insert ("is reasonably practicable") 
     Page 101, line 28, leave out ("without reasonable excuse") 
     Page 101, line 29, at end insert--
 
    ("(  )  It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.")
 
     Page 101, line 42, leave out ("or 32 or") 
     Page 101, line 42, at end insert ("or a notice under paragraph 32") 
  
Schedule 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 102, line 19, after ("liable") insert ("on summary conviction") 
     Page 103, line 7, leave out ("person") 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 110, line 38, leave out from ("State") to end of line 39 and insert ("shall designate places at which persons may be detained under Schedule 7 or section 41") 
     Page 110, line 41, leave out from ("place") to ("be") in line 42 and insert ("which the Secretary of State has designated under sub-paragraph (1) as a place where a person may") 
     Page 111, line 25, at end insert--
 
    ("(  )  This paragraph does not confer the power to take--
    (a)  fingerprints, non-intimate samples or intimate samples (within the meaning given by paragraph 9F below), or
    (b)  relevant physical data or samples as mentioned in section 18 of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 22 below.")
 
     Page 111, line 43, at end insert--
 
    ("(  )  Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound--
    (a)  he need not make an order under sub-paragraph (1)(b) in relation to those interviews, but
    (b)  he may do so.")
 
     Page 111, line 45, leave out from beginning to ("if") in line 46 and insert ("any interview by a constable of a person detained under Schedule 7 or section 41") 
     Page 113, line 5, at beginning insert ("Subject to sub-paragraph (4A),") 
     Page 113, line 20, at end insert ("or in respect of which a forfeiture order could be made under section 23") 
     Page 113, line 27, at end insert--
 
    ("(4A)  An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that--
    (a)  the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,
    (b)  the detained person has benefited from the offence within the meaning of that Part or Order, and
    (c)  by informing the named person of the detained person's detention (in the case of an authorisation under sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered.")
 
     Page 114, line 6, at end insert ("or the consequence specified in paragraph 8(4A)(c)") 
     Page 114, line 15, leave out paragraphs 10 to 15 and insert--
 
    ("9A.--(1) This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41.
 
    (2)  Fingerprints may be taken from the detained person only if they are taken by a constable--
    (a)  with the appropriate consent given in writing, or
    (b)  without that consent under sub-paragraph (4).
    (3)  A non-intimate sample may be taken from the detained person only if it is taken by a constable--
    (a)  with the appropriate consent given in writing, or
    (b)  without that consent under sub-paragraph (4).
    (4)  Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if--
    (a)  he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or
    (b)  he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).
    (5)  An intimate sample may be taken from the detained person only if--
    (a)  he is detained at a police station,
    (b)  the appropriate consent is given in writing,
    (c)  a police officer of at least the rank of superintendent authorises the sample to be taken, and
    (d)  subject to paragraph 9D(2) and (3), the sample is taken by a constable.
    (6)  An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if--
    (a)  in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or
    (b)  in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b).
    (7)  If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
 
    9B.--(1) Before fingerprints or a sample are taken from a person under paragraph 9A, he shall be informed--
    (a)  that the fingerprints or sample may be the subject of a speculative search, and
    (b)  where the fingerprints or sample are to be taken under paragraph 9A(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.
    (2)  Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 9A(4)(a) or (5)(c), he shall be informed--
    (a)  that the authorisation has been given,
    (b)  of the grounds upon which it has been given, and
    (c)  where relevant, of the nature of the offence in which it is suspected that he has been involved.
    (3)  After fingerprints or a sample are taken under paragraph 9A, there shall be recorded as soon as is reasonably practicable any of the following which apply--
    (a)  the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),
    (b)  the reason referred to in sub-paragraph (1)(b),
    (c)  the authorisation given under paragraph 9A(4)(a) or (5)(c),
    (d)  the grounds upon which that authorisation has been given, and
    (e)  the fact that the appropriate consent has been given.
    9C.--(1) This paragraph applies where--
    (a)  two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 9A,
    (b)  those samples have proved insufficient, and
    (c)  the person has been released from detention.
    (2)  An intimate sample may be taken from the person if--
    (a)  the appropriate consent is given in writing,
    (b)  a police officer of at least the rank of superintendent authorises the sample to be taken, and
    (c)  subject to paragraph 9D(2) and (3), the sample is taken by a constable.
    (3)  Paragraphs 9A(6) and (7) and 9B shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
 
    9D.--(1) Where appropriate written consent to the taking of an intimate sample from a person under paragraph 9A or 9C is refused without good cause, in any proceedings against that person for an offence--
    (a)  the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and
    (b)  the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper.
    (2)  An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 9A or 9C only by a registered medical practitioner acting on the authority of a constable.
 
    (3)  An intimate sample which is a dental impression may be taken under paragraph 9A or 9C only by a registered dentist acting on the authority of a constable.
 
    (4)  Where a sample of hair other than pubic hair is to be taken under paragraph 9A the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
 
    9E.--(1) This paragraph applies to--
    (a)  fingerprints or samples taken under paragraph 9A or 9C, and
    (b)  information derived from those samples.
    (2)  Subject to sub-paragraph (5), the fingerprints, samples or information may be used only for the purpose of a terrorist investigation.
 
    (3)  In particular, they may not be used for the purposes of section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples) except for the purpose of a terrorist investigation.
 
    (4)  The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against--
    (a)  other fingerprints or samples taken under paragraph 9A or 9C or information derived from those samples,
    (b)  relevant physical data or samples taken by virtue of paragraph 22,
    (c)  any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),
    (d)  any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and
    (e)  fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989 or information derived from those samples.
    (5)  Sub-paragraphs (2) and (3) shall not apply to the use of fingerprints, samples or information where--
    (a)  the fingerprints or samples were taken from a person in connection with the investigation of an offence,
    (b)  the person has been convicted of the offence, and
    (c)  he has not been pardoned in respect of the conviction and the conviction has not been quashed.
    (6)  But fingerprints, samples or information to which sub-paragraph (5) applies may not be checked under sub-paragraph (4) against any of the fingerprints, samples, information or data mentioned at paragraphs (a) and (b) of that sub-paragraph, except for the purpose of a terrorist investigation.
 
    (7)  In the application of sub-paragraph (3) to fingerprints or samples taken from a person detained in Northern Ireland or the information derived from those samples, the reference in that sub-paragraph to section 63A(1) of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989.
 
    (8)  This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 9A or 9C and the information derived from those samples.
 
    9F.--(1) In the application of paragraphs 9A to 9E in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 (Part V definitions)--
    (a)  appropriate consent",
    (b)  fingerprints",
    (c)  insufficient",
    (d)  intimate sample",
    (e)  non-intimate sample",
    (f)  registered dentist", and
    (g)  sufficient".
    (2)  In the application of paragraphs 9A to 9E in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).
 
    (3)  In paragraph 9A "recordable offence" shall have--
    (a)  in relation to a person detained in England or Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984 (general interpretation), and
    (b)  in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).
    (4)  In paragraph 9B "speculative search" means--
    (a)  where the person is detained in England or Wales, a check under section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints or samples),
    (b)  where the person is detained in Northern Ireland, a check under Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989, and
    (c)  in any case, a check under paragraph 9E(4).")
 
     Page 116, line 11, leave out paragraph 16 
     Page 116, line 12, after ("detained") insert ("under Schedule 7 or section 41 at a police station in Scotland") 
     Page 116, line 14, leave out ("reasonably") 
     Page 116, line 14, at end insert--
 
    ("(  )  The person named must be--
    (a)  a friend of the detained person,
    (b)  a relative, or
    (c)  a person who is known to the detained person or who is likely to take an interest in his welfare.
    (  )  Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the police station to which he is transferred.")
 
     Page 116, line 16, leave out from beginning to ("in") 
     Page 116, line 26, leave out from beginning to ("in") 
     Page 116, line 29, at end insert--
 
    ("(  )  Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.")
 
     Page 116, line 44, at end insert ("or") 
     Page 117, line 11, leave out first ("and") and insert ("to") 
     Page 117, line 27, leave out from ("18(3)") to end of line 28 and insert--
    ("(a)  if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable,
    (b)  the detained person shall be told the reason for the delay or non-compliance as soon as is reasonably practicable, and
    (c)  the reason shall be recorded as soon as is reasonably practicable.")
 
     Page 122, line 13, at beginning insert ("Subject to sub-paragraph (2A),") 
     Page 122, line 19, at end insert--
    ("(  )  the recovery of property in respect of which a forfeiture order could be made under section 23 would be hindered,")
 
     Page 122, line 27, at end insert--
 
    ("(2A)  A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that--
    (a)  the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,
    (b)  the detained person has benefited from the offence within the meaning of that Part or Order, and
    (c)  the recovery of the value of that benefit would be hindered, if the information were disclosed.")
 
 
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