Terrorism Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 2 — Miscellaneous provisions
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substitute—
    “(1)
Each of the following—
(a)
in England and Wales, a Crown Prosecutor,
(b)
in Scotland, the Lord Advocate or a procurator fiscal,
(c)
in Northern Ireland, the Director of Public Prosecutions for
5
Northern Ireland,
(d)
in any part of the United Kingdom, a police officer of at least
the rank of superintendent,

may”.
(3)
In sub-paragraph (3) of paragraph 29 (period of extension to end no later than
10
7 days after arrest)—
(a)
for “Subject to paragraph 36(3A)” substitute “Subject to sub-paragraph
(3A) and paragraph 36”; and
(b)
for “end not later than the end of” substitute “be”.
(4)
After that sub-paragraph insert—
15
   “(3A)
A judicial authority may issue a warrant of further detention in
relation to a person which specifies a shorter period as the period for
which that person’s further detention is authorised if—
(a)
the application for the warrant is an application for a warrant
specifying a shorter period; or
20
(b)
the judicial authority is satisfied that there are circumstances
that would make it inappropriate for the specified period to
be as long as the period of seven days mentioned in sub-
paragraph (3).”
(5)
In paragraph 34(1) (persons who can apply for information to be withheld from
25
person to whom application for a warrant relates) for “officer” substitute
“person”.
(6)
In paragraph 36 (applications for extension or further extension), omit the
words “to a judicial authority” in sub-paragraph (1), and after that sub-
paragraph insert—
30
   “(1A)
The person to whom an application under sub-paragraph (1) may be
made is—
(a)
in the case of an application falling within sub-paragraph
(1B), a judicial authority; and
(b)
in any other case, a senior judge.
35
     (1B)
An application for the extension or further extension of a period falls
within this sub-paragraph if—
(a)
the grant of the application otherwise than in accordance
with sub-paragraph (3AA)(b) would extend that period to a
time that is no more than fourteen days after the relevant
40
time; and
(b)
no application has previously been made to a senior judge in
respect of that period.”
(7)
For sub-paragraphs (3) and (3A) of that paragraph (period for which warrants

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Part 2 — Miscellaneous provisions
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may be extended) substitute—
    “(3)
Subject to sub-paragraph (3AA), the period by which the specified
period is extended or further extended shall be the period which—
(a)
begins with the time specified in sub-paragraph (3A); and
(b)
ends with whichever is the earlier of—
5
(i)
the end of the period of seven days beginning with
that time; and
(ii)
the end of the period of 28 days beginning with the
relevant time.
     (3A)
The time referred to in sub-paragraph (3)(a) is—
10
(a)
in the case of a warrant specifying a period which has not
previously been extended under this paragraph, the end of
the period specified in the warrant, and
(b)
in any other case, the end of the period for which the period
specified in the warrant was last extended under this
15
paragraph.
    (3AA)
A judicial authority or senior judge may extend or further extend the
period specified in a warrant by a shorter period than is required by
sub-paragraph (3) if—
(a)
the application for the extension is an application for an
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extension by a period that is shorter than is so required; or
(b)
the judicial authority or senior judge is satisfied that there are
circumstances that would make it inappropriate for the
period of the extension to be as long as the period so
required.”
25
(8)
In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31
to 34), at the end insert “but, in relation to an application made by virtue of sub-
paragraph (1A)(b) to a senior judge, as if—
(a)
references to a judicial authority were references to a senior judge; and
(b)
references to the judicial authority in question were references to the
30
senior judge in question.”
(9)
In sub-paragraph (5) of that paragraph, after “authority” insert “or senior
judge”.
(10)
After sub-paragraph (6) of that paragraph insert—
    “(7)
In this paragraph and paragraph 37 ‘senior judge’ means a judge of
35
the High Court or of the High Court of Justiciary.”
(11)
For paragraph 37 (release of detained person) substitute—
“37   (1)
This paragraph applies where—
(a)
a person (‘the detained person’) is detained by virtue of a
warrant issued under this Part of this Schedule; and
40
(b)
his detention is not authorised by virtue of section 41(5) or (6)
or otherwise apart from the warrant.
      (2)
If it at any time appears to the police officer or other person in charge
of the detained person’s case that any of the matters mentioned in
paragraph 32(1)(a) and (b) on which the judicial authority or senior
45

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judge last authorised his further detention no longer apply, he
must—
(a)
if he has custody of the detained person, release him
immediately; and
(b)
if he does not, immediately inform the person who does have
5
custody of the detained person that those matters no longer
apply in the detained person’s case.
      (3)
A person with custody of the detained person who is informed in
accordance with this paragraph that those matters no longer apply in
his case must release that person immediately.”
10
(12)
This section does not apply in a case in which—
(a)
the arrest of the person detained under section 41 of the Terrorism Act
2000 (c. 11) took place before the commencement of this section; or
(b)
his examination under Schedule 7 to that Act began before the
commencement of this section.
15
24
Grounds for extending detention
(1)
In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which
a review officer may authorise continued detention), after paragraph (b)
insert—
“(ba)
pending the result of an examination or analysis of any
20
relevant evidence or of anything the examination or analysis
of which is to be or is being carried out with a view to
obtaining relevant evidence;”.
(2)
In sub-paragraph (1) of paragraph 32 of that Schedule (grounds on which a
judicial authority may authorise further detention), for the words from “to
25
obtain” to “preserve relevant evidence” substitute “as mentioned in sub-
paragraph (1A)”.
(3)
After that sub-paragraph insert—
   “(1A)
The further detention of a person is necessary as mentioned in this
sub-paragraph if it is necessary—
30
(a)
to obtain relevant evidence whether by questioning him or
otherwise;
(b)
to preserve relevant evidence; or
(c)
pending the result of an examination or analysis of any
relevant evidence or of anything the examination or analysis
35
of which is to be or is being carried out with a view to
obtaining relevant evidence.”
(4)
In paragraph 23(4) (meaning of “relevant evidence”), for “sub-paragraph (1)(a)
and (b)” substitute “this paragraph”.
(5)
In paragraph 32(2) (meaning of “relevant evidence”), for “sub-paragraph (1)”
40
substitute “this paragraph”.
(6)
This section does not apply in a case in which—
(a)
the arrest of the person detained under section 41 of the Terrorism Act
2000 took place before the commencement of this section; or
(b)
his examination under Schedule 7 to that Act began before the
45
commencement of this section.

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25
Expiry or renewal of extended maximum detention period
(1)
This section applies to any time which—
(a)
is more than one year after the commencement of section 23; and
(b)
does not fall within a period in relation to which this section is
disapplied by an order under subsection (2).
5
(2)
The Secretary of State may by order made by statutory instrument disapply
this section in relation to any period of not more than one year beginning with
the coming into force of the order.
(3)
Schedule 8 to the Terrorism Act 2000 (c. 11) has effect in relation to any further
extension under paragraph 36 of that Schedule for a period beginning at a time
10
to which this section applies—
(a)
as if in sub-paragraph (3)(b) of that paragraph, for “28 days” there were
substituted “14 days”; and
(b)
as if that paragraph and paragraph 37 of that Schedule had effect with
the further consequential modifications set out in subsection (4).
15
(4)
The further consequential modifications are—
(a)
the substitution of the words “a judicial authority” for paragraphs (a)
and (b) of sub-paragraph (1A) of paragraph 36;
(b)
the omission of sub-paragraphs (1B) and (7) of that paragraph;
(c)
the omission of the words “or senior judge” wherever occurring in sub-
20
paragraphs (3AA) and (5) of that paragraph and in paragraph 37(2);
and
(d)
the omission of the words from “but” onwards in paragraph 36(4).
(5)
Where at a time to which this section applies—
(a)
a person is being detained by virtue of a further extension under
25
paragraph 36 of Schedule 8 to the Terrorism Act 2000,
(b)
his further detention was authorised (at a time to which this section did
not apply) for a period ending more than 14 days after the relevant
time, and
(c)
that 14 days has expired,
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the person with custody of that individual must release him immediately.
(6)
The Secretary of State must not make an order containing (with or without
other provision) any provision disapplying this section in relation to any
period unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.
35
(7)
In this section “the relevant time” has the same meaning as in paragraph 36 of
Schedule 8 to the Terrorism Act 2000.
Searches etc.
26
All premises warrants: England and Wales and Northern Ireland
(1)
Part 1 of Schedule 5 to the Terrorism Act 2000 (searches etc. for the purposes of
40
terrorist investigations in England and Wales and Northern Ireland) is
amended as follows.

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(2)
In paragraph 1 (search warrants authorising entry to specified premises), in
sub-paragraph (2)(a), for “the premises specified in the warrant” substitute
“premises mentioned in sub-paragraph (2A)”.
(3)
After sub-paragraph (2) of that paragraph insert—
   “(2A)
The premises referred to in sub-paragraph (2)(a) are—
5
(a)
one or more sets of premises specified in the application (in
which case the application is for a ‘specific premises
warrant’); or
(b)
any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
10
specified (in which case the application is for an ‘all premises
warrant’).”
(4)
In sub-paragraph (5) of that paragraph—
(a)
in paragraph (b), for “premises specified in the application” substitute
“premises to which the application relates”;
15
(b)
in paragraph (c), at the end insert “, and”; and
(c)
after that paragraph insert—
“(d)
in the case of an application for an all premises
warrant, that it is not reasonably practicable to specify
in the application all the premises which the person so
20
specified occupies or controls and which might need
to be searched.”
(5)
In paragraph 2 (warrants as to which special conditions are satisfied), in sub-
paragraph (1), after “an application” insert “for a specific premises warrant”.
(6)
After that paragraph insert—
25
“2A   (1)
This paragraph applies where an application for an all premises
warrant is made under paragraph 1 and—
(a)
the application is made by a police officer of at least the rank
of superintendent, and
(b)
the justice to whom the application is made is not satisfied of
30
the matter referred to in paragraph 1(5)(c).
      (2)
The justice may grant the application if satisfied of the matters
referred to in paragraph 1(5)(a), (b) and (d).
      (3)
Where a warrant under paragraph 1 is issued by virtue of this
paragraph, the powers under paragraph 1(2)(a) and (b) are
35
exercisable only—
(a)
in respect of premises which are not residential premises, and
(b)
within the period of 24 hours beginning with the time when
the warrant is issued.
      (4)
For the purpose of sub-paragraph (3) ‘residential premises’, in
40
relation to a power under paragraph 1(2)(a) or (b), means any
premises which the constable exercising the power has reasonable
grounds for believing are used wholly or mainly as a dwelling.”
(7)
In paragraph 11 (applications for search warrants involving excluded or
special procedure material), in sub-paragraph (2)(a), for “the premises
45
specified in the warrant” substitute “premises mentioned in sub-paragraph
(3A)”.

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(8)
After sub-paragraph (3) of that paragraph insert—
   “(3A)
The premises referred to in sub-paragraph (2)(a) are—
(a)
one or more sets of premises specified in the application (in
which case the application is for a ‘specific premises
warrant’); or
5
(b)
any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an ‘all premises
warrant’).”
(9)
In paragraph 12 (grant of applications where excluded or special procedure
10
material is involved), in each of sub-paragraphs (1) and (2), after “an
application” insert “for a specific premises warrant”.
(10)
After sub-paragraph (2) of that paragraph insert—
   “(2A)
A Circuit judge or a District Judge (Magistrates’ Courts) may grant
an application for an all premises warrant under paragraph 11 if
15
satisfied—
(a)
that an order made under paragraph 5 has not been complied
with, and
(b)
that the person specified in the application is also specified in
the order.
20
     (2B)
A Circuit judge or a District Judge (Magistrates’ Courts) may also
grant an application for an all premises warrant under paragraph 11
if satisfied that there are reasonable grounds for believing—
(a)
that there is material on premises to which the application
relates which consists of or includes excluded material or
25
special procedure material but does not include items subject
to legal privilege, and
(b)
that the conditions in sub-paragraphs (3) and (4) are met.”
(11)
In sub-paragraph (4)(b) of that paragraph, for “the premises on which the
material is situated” substitute “premises to which the application for the
30
warrant relates”.
27
All premises warrants: Scotland
(1)
Part 2 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the
purposes of terrorist investigations in Scotland) is amended as follows.
(2)
In paragraph 28 (search warrants authorising entry to specified premises in
35
Scotland), in sub-paragraph (2)(a), for “the premises specified in the warrant”
substitute “premises mentioned in sub-paragraph (2A)”.
(3)
After sub-paragraph (2) of that paragraph insert—
   “(2A)
The premises referred to in sub-paragraph (2)(a) are—
(a)
one or more sets of premises specified in the application (in
40
which case the application is for a ‘specific premises
warrant’); or
(b)
any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an ‘all premises
45
warrant’).”

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(4)
In sub-paragraph (4) of that paragraph—
(a)
in paragraph (b), for “premises specified in the application” substitute
“premises to which the application relates”;
(b)
in paragraph (c), at the end insert “, and”; and
(c)
after that paragraph insert—
5
“(d)
in the case of an application for an all premises
warrant, that it is not reasonably practicable to specify
in the application all the premises which the person so
specified occupies or controls and which might need
to be searched.”
10
(5)
In sub-paragraph (5) of that paragraph, for “a warrant” substitute “a specific
premises warrant”.
(6)
After sub-paragraph (6) of that paragraph insert—
   “(6A)
Where an all premises warrant is granted, entry and search in
pursuance of the warrant of any premises which are non-residential
15
premises must be within the period of 24 hours beginning with the
time when the warrant is granted.
     (6B)
For the purpose of sub-paragraph (6A) “non-residential premises”
means any premises other than those which the constable executing
the warrant has reasonable grounds for believing are used wholly or
20
mainly as a dwelling.”
(7)
In paragraph 29 (conditions for grant of warrant under paragraph 28)—
(a)
in sub-paragraph (1)(a), after “with” insert “and, in the case of an
application for an all premises warrant, the person specified in the
order in pursuance of paragraph 22(3) is also specified in the
25
application”; and
(b)
in sub-paragraph (2)(b), for “on which the material is situated”
substitute “to which the application for the warrant relates”.
(8)
In paragraph 33(2) (power to open lockfast places)—
(a)
for “premises specified in” substitute “premises which he is entitled to
30
enter in pursuance of”; and
(b)
for “a notice under paragraph 32” substitute “an order under paragraph
31”.
28
Search, seizure and forfeiture of terrorist publications
(1)
If a justice of the peace is satisfied that there are reasonable grounds for
35
suspecting that articles to which this section applies are likely to be found on
any premises, he may issue a warrant authorising a constable—
(a)
to enter and search the premises; and
(b)
to seize anything found there which the constable has reason to believe
is such an article.
40
(2)
This section applies to an article if—
(a)
it is likely to be the subject of conduct falling within subsection (2)(a) to
(e) of section 2; and
(b)
it would fall for the purposes of that section to be treated, in the context
of the conduct to which it is likely to be subject, as a terrorist
45
publication.