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

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Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
69     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") 
70     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") 
71     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.")
 
72     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.")
 
73     Page 111, line 45, leave out from ("under") to ("if") in line 46 and insert ("Schedule 7 or section 41") 
74     Page 113, line 5, at beginning insert ("Subject to sub-paragraph (4A),") 
75     Page 113, line 20, at end insert ("or in respect of which a forfeiture order could be made under section 23") 
76     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.")
 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
76A*     Page 113, line 45, leave out paragraph 9 
  
BY THE LORD BASSAM OF BRIGHTON
 
77     Page 114, line 6, at end insert ("or the consequence specified in paragraph 8(4A)(c)") 
78     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 used for the purposes of paragraph 9E(4), section 63A(1) of the Police and Criminal Evidence Act 1984 and Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), 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)  The fingerprints, samples or information may be used only for the purpose of a terrorist investigation.
 
    (3)  In particular, a check may not be made against them under--
    (a)  section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or
    (b)  Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (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)  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).")
 
79     Page 116, line 11, leave out paragraph 16 
80     Page 116, line 12, after ("detained") insert ("under Schedule 7 or section 41 at a police station in Scotland") 
81     Page 116, line 14, leave out ("reasonably") 
82     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.")
 
83     Page 116, line 16, leave out from beginning to ("in") 
84     Page 116, line 18, at end insert ("or where paragraph 19(3A) applies") 
85     Page 116, line 26, leave out from beginning to ("in") 
86     Page 116, line 28, at end insert ("or where paragraph 19(3A) applies") 
87     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.")
 
87A     Page 116, line 30, leave out paragraph 18 
  
BY THE LORD DUBS
 
87B     Page 116, leave out line 44 
88     [Withdrawn] 
88A     Page 116, line 45, at end insert ("where there are reasonable grounds to suspect that the parent is involved in the offence for which the child has been arrested or detained") 
88B     Page 116, leave out lines 46 and 47 
  
BY THE LORD BASSAM OF BRIGHTON
 
89     [Withdrawn] 
90     [Withdrawn] 
90A     Page 117, line 15, leave out from ("consultation") to ("be") and insert ("mentioned in paragraph 17(4) shall") 
90B     Page 117, line 19, leave out from ("consultation") to ("shall") in line 20 
91     [Withdrawn] 
91A     Page 117, leave out lines 22 to 24 and insert--
 
    ("(3)  The grounds mentioned in paragraph 17(2) and (5) and in sub-paragraph (1) are--
    (a)  that it is in the interests of the investigation or prevention of crime;
    (b)  that it is in the interests of the apprehension, prosecution or conviction of offenders;
    (c)  that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23;
    (d)  that it will further the operation of 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).")
 
  
BY THE LORD DUBS
 
91B     Page 117, line 22, leave out ("and 18(4)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
92     [Withdrawn] 
92A     Page 117, line 24, at end insert--
 
    ("(3A)  This sub-paragraph applies where an officer mentioned in paragraph 17(2) or (5) 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 paragraph 17(2)) or by the exercise of the entitlement under paragraph 17(4) (in the case of an authorisation under paragraph 17(5) the recovery of the value of that benefit will be hindered.")
 
92B     Page 117, line 25, leave out ("or non-compliance") 
92C     Page 117, line 26, leave out from ("rights") to ("mentioned") 
92D     Page 117, leave out lines 27 and 28 and insert ("paragraph 17(1) and (4)--
    (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 as soon as is reasonably practicable, and
    (c)  the reason shall be recorded as soon as is reasonably practicable.")
 
93     [Withdrawn] 
93A     Page 117, leave out lines 29 to 31 
93B     Page 117, line 32, leave out ("and this paragraph") 
93C     Page 117, line 35, at end insert--
 
    ("(  )  But, where a person detained under Schedule 7 or section 41 at a police station in Scotland appears to a constable to be a child--
    (a)  the other person named by the person detained in pursuance of paragraph 17(1) shall be that person's parent, and
    (b)  section 15(4) of the Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act,
and in this sub-paragraph "child" and "parent" have the same meaning as in section 15(4) of that Act.")
 
94     Page 117, line 45, leave out ("section 41 or Schedule 7") and insert ("Schedule 7 or section 41 at a police station in Scotland") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
95     Page 120, line 37, leave out ("a judicial authority") and insert ("the Secretary of State") 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
95A*     Page 120, line 43, after ("shall") insert ("not exceed 36 hours and shall") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
96     Page 121, line 1, leave out sub-paragraph (4) 
97     Page 121, line 12, leave out ("judicial authority hearing") and insert ("Secretary of State considering") 
98     Page 121, line 17, leave out ("a judicial authority") and insert ("the Secretary of State") 
99     Page 121, line 24, leave out paragraph (c) 
100     Page 121, line 27, leave out ("A judicial authority") and insert ("The Secretary of State") 
101     Page 121, line 40, leave out paragraph 35 
102     Page 121, line 43, leave out ("judicial authority") and insert ("Secretary of State") 
103     Page 121, line 43, leave out from ("application") to end of line 6 on page 122 
  
BY THE LORD GOODHART
THE LORD McNALLY
THE LORD LESTER OF HERNE HILL
 
103A*     Page 122, line 3, at beginning insert ("On application by a Crown Prosecutor or qualified litigator,") 
103B*     Page 122, line 4, at end insert ("unless to do so would prevent the person to whom the application relates from responding fully to the reasons given for the request for continued detention") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
104     Page 122, line 9, leave out ("judicial authority") and insert ("Secretary of State") 
  
BY THE LORD BASSAM OF BRIGHTON
 
105     Page 122, line 13, at beginning insert ("Subject to sub-paragraph (2A),") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
106     Page 122, line 13, leave out ("A judicial authority") and insert ("The Secretary of State") 
  
BY THE LORD BASSAM OF BRIGHTON
 
107     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,")
 
108     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.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
109     Page 122, line 28, leave out sub-paragraph (3) 
110     Page 122, line 32, leave out paragraph 37 
111     Page 122, line 38, leave out ("a judicial authority") and insert ("the Secretary of State") 
112     Page 123, line 3, leave out sub-paragraphs (5) and (6) 
113     Page 123, line 11, leave out ("judicial authority") and insert ("Secretary of State") 
  
Clause 44
 
  
BY THE LORD BASSAM OF BRIGHTON
 
114     Page 20, line 24, after ("in") insert ("or on") 
  
BY THE LORD MARLESFORD
 
115     Page 20, line 29, at end insert--
 
    ("(2A)  An authorisation under this subsection authorises any constable in uniform to stop a person for so long as is necessary to question him to ascertain his identity and movements.
 
    (2B)  For the purposes of subsection (2A), a person required to give details of his identity to a constable in uniform must--
    (a)  if he is a United Kingdom citizen, provide the constable in uniform with his National Health Service number; or
    (b)  if he is not a United Kingdom citizen, provide the constable in uniform with--
 
 
    (i) his passport details, or

    (ii) details of other documentation used to gain entry to the United Kingdom,

 
 and must also provide such other particulars as the constable may reasonably require.") 
 
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