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Prevention of Terrorism Bill


Prevention of Terrorism Bill

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Appeals relating to derogating control orders

(1)   

Where an obligation imposed by a derogating control order has been modified

without the consent of the controlled person, that person may appeal to the

court against the modification.

(2)   

Where an application is made by the controlled person to the Secretary of State

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for—

(a)   

the revocation of a 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

State on the application.

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(3)   

On an appeal under this section, the court must conduct its own hearing of

each of the matters that fell to be determined by the Secretary of State in

making his decision to modify or (as the case may be) his decision on the

application; and the court must make its own determination on each of those

matters.

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(4)   

The powers of the court on an appeal under this section are confined to—

(a)   

power to confirm the Secretary of State’s decision;

(b)   

power to quash the order;

(c)   

power to quash one or more obligations imposed by the order;

(d)   

power to give directions to the Secretary of State for the revocation of

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the order or for the modification of the obligations it imposes.

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Jurisdiction and appeals in relation to control order decisions etc.

(1)   

Control order decisions and derogation matters are not to be questioned in any

legal proceedings other than—

(a)   

proceedings in the court; or

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(b)   

proceedings on appeal from such proceedings.

(2)   

The court is the appropriate tribunal for the purposes of section 7 of the Human

Rights Act 1998 (c. 42) in relation to proceedings all or any part of which call a

control order decision or derogation matter into question.

(3)   

No appeal shall lie from any determination of the court in control order

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proceedings, except on a question of law.

(4)   

The Schedule to this Act (which makes provision relating to and for the

purposes of control order proceedings and proceedings on appeal from such

proceedings) has effect.

(5)   

In this Act “control order proceedings” means—

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(a)   

proceedings on an application to the court by any person for the

making, renewal, modification or revocation of a derogating control

order;

(b)   

proceedings on an application to extend the detention of a person

under section 4;

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(c)   

proceedings at or in connection with a hearing to determine whether to

confirm a derogating control order (with or without modifications);

(d)   

proceedings on an appeal under section 9;

(e)   

proceedings in the court by virtue of subsection (2);

 
 

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(f)   

any other proceedings in the court for questioning a control order

decision, a derogation matter or the arrest or detention of a person

under section 4;

(g)   

proceedings on an application made by virtue of rules of court under

paragraph 4(5) of the Schedule to this Act (application for order

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requiring anonymity for the controlled person).

(6)   

In this section “control order decision” means—

(a)   

a decision made by the court in exercise of a power conferred by any of

sections 1 to 6 of this Act or for the purposes of or in connection with

the exercise of any such power;

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(b)   

a decision by any other person to give a direction, consent or approval,

or to issue a demand, for the purposes of any obligation imposed by a

control order; or

(c)   

a decision by any person that is made for the purposes of or in

connection with the exercise of his power to give such a direction,

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consent or approval or to issue such a demand.

(7)   

In this section “derogation matter” means—

(a)   

a derogation by the United Kingdom from the Human Rights

Convention which relates to infringement of a person’s right to liberty

under Article 5 in consequence of obligations imposed on him by a

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control order or of his arrest or detention under section 4; or

(b)   

the designation of such a derogation under section 14(1) of the Human

Rights Act 1998 (c. 42).

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Effect of court’s decisions on convictions

(1)   

This section applies where—

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(a)   

a control order, a renewal of a control order or an obligation imposed

by a control order is quashed by the court in control order proceedings,

or on an appeal from a determination in such proceedings; and

(b)   

before it was quashed a person had been convicted by virtue of section

8(1) or (2) of an offence of which he could not have been convicted had

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the order, renewal or (as the case may be) obligation been quashed

before the proceedings for the offence were brought.

(2)   

The person convicted may appeal against the conviction—

(a)   

in the case of a conviction on indictment in England and Wales or

Northern Ireland, to the Court of Appeal;

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(b)   

in the case of a conviction on indictment or summary conviction in

Scotland, to the High Court of Justiciary;

(c)   

in the case of a summary conviction in England and Wales, to the

Crown Court; and

(d)   

in the case of a summary conviction in Northern Ireland, to the county

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court.

(3)   

On an appeal under this section to any court, that court must allow the appeal

and quash the conviction.

(4)   

An appeal under this section to the Court of Appeal against a conviction on

indictment—

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(a)   

may be brought irrespective of whether the appellant has previously

appealed against his conviction;

 
 

Prevention of Terrorism Bill

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(b)   

may not be brought more than 28 days after the date of the quashing of

the order, renewal or obligation; and

(c)   

is to be treated as an appeal under section 1 of the Criminal Appeal Act

1968 (c. 19) or, in Northern Ireland, under section 1 of the Criminal

Appeal (Northern Ireland) Act 1980 (c. 47), but does not require leave

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in either case.

(5)   

An appeal under this section to the High Court of Justiciary against a

conviction on indictment—

(a)   

may be brought irrespective of whether the appellant has previously

appealed against his conviction;

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(b)   

may not be brought more than two weeks after the date of the quashing

of the order, renewal or obligation; and

(c)   

is to be treated as an appeal under section 106 of the Criminal

Procedure (Scotland) Act 1995 (c. 46) for which leave has been granted.

(6)   

An appeal under this section to the High Court of Justiciary against a summary

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conviction —

(a)   

may be brought irrespective of whether the appellant pleaded guilty;

(b)   

may be brought irrespective of whether the appellant has previously

appealed against his conviction;

(c)   

may not be brought more than two weeks after the date of the quashing

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of the order, renewal or obligation;

(d)   

is to be by note of appeal, which shall state the ground of appeal;

(e)   

is to be treated as an appeal for which leave has been granted under

Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f)   

must be in accordance with such procedure as the High Court of

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Justiciary may, by Act of Adjournal, determine.

(7)   

An appeal under this section to the Crown Court or to the county court in

Northern Ireland against a summary conviction—

(a)   

may be brought irrespective of whether the appellant pleaded guilty;

(b)   

may be brought irrespective of whether he has previously appealed

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against his conviction or made an application in respect of the

conviction under section 111 of the Magistrates’ Courts Act 1980 (c. 43)

or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981

(S.I. 1981/1675 (N.I. 26)) (case stated);

(c)   

may not be brought more than 21 days after the date of the quashing of

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the order, renewal or obligation; and

(d)   

is to be treated as an appeal under section 108(1)(b) of that Act or, in

Northern Ireland, under Article 140(1)(b) of that Order.

(8)   

In section 133(5) of the Criminal Justice Act 1988 (c. 33) (compensation for

miscarriages of justice), at the end of paragraph (c) insert “or

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(d)   

on an appeal under section 12 of the Prevention of Terrorism

Act 2005.”

Supplemental

13      

Reporting and review

(1)   

As soon as reasonably practicable after the end of every relevant 3 month

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period, the Secretary of State must—

 
 

Prevention of Terrorism Bill

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(a)   

prepare a report about his exercise of the control order powers during

that period; and

(b)   

lay a copy of that report before Parliament.

(2)   

The Secretary of State must also appoint a person to review the operation of

sections 1 to 8.

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(3)   

As soon as reasonably practicable after the end of every relevant 12 month

period the person so appointed must carry out a review of the operation of

those sections during that period.

(4)   

The person who conducts a review under this section must send the Secretary

of State a report on its outcome as soon as reasonably practicable after

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completing the review.

(5)   

On receiving a report under subsection (4), the Secretary of State must lay a

copy of it before Parliament.

(6)   

The Secretary of State may pay the expenses of a person appointed to carry out

a review and may also pay him such allowances as the Secretary of State

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determines.

(7)   

In this section—

“control order powers” means—

(a)   

the powers of the Secretary of State under this Act to make an

application to the court for the making, renewing, modification

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and revoking of control orders; and

(b)   

his powers to apply to the court for the making, renewal,

revocation or modification of derogating control orders;

“relevant 3 month period” means—

(a)   

the period of 3 months beginning with the passing of this Act;

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(b)   

a 3 month period which begins with the end of a previous

relevant 3 month period;

“relevant 12 month period” means—

(a)   

the period of 12 months beginning with the passing of this Act;

(b)   

a 12 month period which begins with the end of a previous

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relevant 12 month period.

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General interpretation

(1)   

In this Act—

“act” and “conduct” include omissions and statements;

“act of terrorism” includes anything constituting an action taken for the

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purposes of terrorism, within the meaning of the Terrorism Act 2000

(c. 11) (see section 1(5) of that Act);

“apparatus” includes any equipment, machinery or device and any wire

or cable, together with any software used with it;

“article” and “information” include documents and other records, and

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software;

“contravene” includes fail to comply, and cognate expressions are to be

construed accordingly;

“control order” has the meaning given by section 1(1);

“control order proceedings” has the meaning given by section 11(5);

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Prevention of Terrorism Bill

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“the controlled person”, in relation to a control order, means the

individual on whom the order imposes obligations;

“the court”—

(a)   

in relation to proceedings relating to a control order in the case

of which the controlled person is a person whose principal place

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of residence is in Scotland, means the Outer House of the Court

of Session;

(b)   

in relation to proceedings relating to a control order in the case

of which the controlled person is a person whose principal place

of residence is in Northern Ireland, means the High Court in

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Northern Ireland; and

(c)   

in any other case, means the High Court in England and Wales;

“derogating control order” means a control order imposing obligations

that are or include derogating obligations;

“derogating obligation”, “designated derogation” and “designation

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order” have the meanings given by section 1(10);

“the Human Rights Convention” means the Convention within the

meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that

Act);

“modification” includes omission, addition or alteration, and cognate

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expressions are to be construed accordingly;

“non-derogating control order” means a control order that does not for

the time being impose a derogating obligation;

“passport” means—

(a)   

a United Kingdom passport (within the meaning of the

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Immigration Act 1971 (c. 77));

(b)   

a passport issued by or on behalf of the authorities of a country

or territory outside the United Kingdom, or by or on behalf of

an international organisation;

(c)   

a document that can be used (in some or all circumstances)

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instead of a passport;

“premises” includes any vehicle, vessel, aircraft or hovercraft;

“the public” means the public in the whole or a part of the United

Kingdom or the public in another country or territory, or any section of

the public;

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“specified”, in relation to a control order, means specified in that order or

falling within a description so specified;

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see

section 1(1) to (4) of that Act);

“terrorism-related activity” and, in relation to such activity,

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“involvement” are to be construed in accordance with section 1(9).

(2)   

A power under this Act to quash a control order, the renewal of such an order

or an obligation imposed by such an order includes power—

(a)   

in England and Wales or Northern Ireland, to stay the quashing of the

order, renewal or obligation pending an appeal, or further appeal,

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against the decision to quash; and

(b)   

in Scotland, to determine that the quashing is of no effect pending such

an appeal or further appeal.

 
 

 
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