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Counter-Terrorism Bill


 

Counter-Terrorism Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, will be published

separately as HL Bill 65—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord West of Spithead has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Counter-Terrorism Bill are compatible with the

Convention rights.

 

HL Bill 65                                                                                              

54/3

 

 


 

Counter-Terrorism Bill

 

 
 

Contents

Part 1

Powers to gather and share information

Power to remove documents for examination

1   

Power to remove documents for examination

2   

Offence of obstruction

3   

Items subject to legal privilege

4   

Record of removal

5   

Retention of documents

6   

Access to documents

7   

Photographing and copying of documents

8   

Return of documents

9   

Power to remove documents: supplementary provisions

Power to take fingerprints and samples from person subject to control order

10   

Power to take fingerprints and samples: England and Wales

11   

Power to take fingerprints and samples: Scotland

12   

Power to take fingerprints and samples: Northern Ireland

13   

Power to take fingerprints and samples: transitional provision

Retention and use of fingerprints and samples

14   

Material subject to the Police and Criminal Evidence Act 1984

15   

Material subject to the Police and Criminal Evidence (Northern Ireland)

Order 1989

16   

Material subject to the Terrorism Act 2000: England and Wales and Northern

Ireland

17   

Material subject to the Terrorism Act 2000: Scotland

18   

Material not subject to existing statutory restrictions

Disclosure of information and the intelligence services

19   

Disclosure and the intelligence services

20   

Disclosure and the intelligence services: supplementary provisions

21   

Disclosure and the intelligence services: interpretation

 

HL Bill 65                                                                                              

54/3

 
 

Counter-Terrorism Bill

ii

 

Part 2

Detention and questioning of terrorist suspects

Pre-charge detention

22   

Grave exceptional terrorist threat

23   

Power to declare reserve power exercisable

24   

Report of operational need for further extension of maximum period of

detention

25   

Independent legal advice

26   

Notification of chairmen of certain committees

27   

Statement to be laid before Parliament

28   

Parliamentary scrutiny

29   

Parliamentary scrutiny: prorogation and adjournment

30   

Duration

31   

Independent review and report

32   

Amendment to the Civil Contingencies Act 2004

33   

Pre-charge detention: minor amendments

Post-charge questioning

34   

Post-charge questioning: England and Wales

35   

Post-charge questioning: Scotland

36   

Post-charge questioning: Northern Ireland

37   

Recording of interviews

38   

Issue and revision of code of practice

39   

Meaning of “terrorism offence”

Part 3

Prosecution and punishment of terrorist offences

Jurisdiction

40   

Jurisdiction to try offences committed in the UK

Consent to prosecution

41   

Consent to prosecution of offence committed outside UK

Sentencing

42   

Sentences for offences with a terrorist connection: England and Wales

43   

Sentences for offences with a terrorist connection: Scotland

44   

Power to amend list of offences where terrorist connection to be considered

Forfeiture

45   

Forfeiture: terrorist property offences

46   

Forfeiture: other terrorism offences and offences with a terrorist connection

47   

Forfeiture: supplementary provisions

48   

Forfeiture: application of proceeds to compensate victims

49   

Forfeiture: other amendments

 
 

Counter-Terrorism Bill

iii

 

50   

Forfeiture: consequential amendments

Part 4

Notification requirements

Introductory

51   

Scheme of this Part

Offences to which this Part applies

52   

Offences to which this Part applies: terrorism offences

53   

Offences to which this Part applies: offences having a terrorist connection

54   

Exclusion of offences dealt with by service courts

55   

Offences dealt with before commencement

Persons to whom the notification requirements apply

56   

Sentences or orders triggering notification requirements

57   

Power to amend specified terms or periods of imprisonment or detention

Notification requirements

58   

Initial notification

59   

Notification of changes

60   

Periodic re-notification

61   

Method of notification and related matters

62   

Meaning of “local police area”

63   

Travel outside the United Kingdom

Period for which notification requirements apply

64   

Period for which notification requirements apply

Offences in relation to notification

65   

Offences relating to notification

Supplementary provisions

66   

Notification orders

67   

Foreign travel restriction orders

68   

Minor definitions for Part 4

Part 5

Asset freezing proceedings

Introductory

69   

Asset freezing proceedings

 
 

Counter-Terrorism Bill

iv

 

Rules of court, disclosure and related matters

70   

General provisions about rules of court

71   

Rules of court about disclosure

72   

Appointment of special advocate

73   

Intercept evidence

Supplementary provisions

74   

Allocation of proceedings to Queen’s Bench Division

75   

Initial exercise of powers by Lord Chancellor

76   

Interpretation of Part 5

Part 6

Inquests and inquiries

77   

Certificate requiring inquest to be held without a jury: England and Wales

78   

Certificate requiring inquest to be held without a jury: Northern Ireland

79   

Specially appointed coroners

80   

Inquiries: intercept evidence

81   

Inquests: intercept evidence

Part 7

Miscellaneous

Amendment of definition of “terrorism” etc

82   

Amendment of definition of “terrorism” etc

Terrorist offences

83   

Offences relating to information about members of armed forces etc

84   

Terrorist property: disclosure of information about possible offences

Control orders

85   

Control orders: powers of entry and search

86   

Control orders: meaning of involvement in terrorism-related activity

87   

Time allowed for representations by controlled person

88   

Application for anonymity for controlled person

Forfeiture of terrorist cash

89   

Forfeiture of terrorist cash: determination of period for which cash may be

detained

90   

Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

Costs of policing at gas facilities

91   

Costs of policing at gas facilities: England and Wales

92   

Costs of policing at gas facilities: Scotland

93   

Designated gas transporters

94   

Costs of policing at gas facilities: recovery of costs

 
 

Counter-Terrorism Bill

v

 

95   

Costs of policing at gas facilities: supplementary provisions

96   

Application of provisions to costs incurred before commencement

Appointment of special advocates in Northern Ireland

97   

Appointment of special advocates in Northern Ireland

Part 8

Supplementary provisions

General definitions

98   

Meaning of “terrorism”

99   

Meaning of offence having a “terrorist connection”

Orders and regulations

100   

Orders and regulations

101   

Orders and regulations: affirmative and negative resolution procedure

Financial provisions

102   

Financial provisions

Repeals

103   

Repeals

Final provisions

104   

Commencement

105   

Extent

106   

Short title

Schedule 1   —   

Disclosure and the intelligence services: consequential

amendments

Schedule 2   —   

Amendments relating to period of pre-charge detention

Part 1   —   

Reserve power to extend maximum period of detention

Part 2   —   

Consequential amendments

Schedule 3   —   

Offences where terrorist connection to be considered

Schedule 4   —   

Forfeiture: consequential amendments

Schedule 5   —   

Notification orders

Schedule 6   —   

Foreign travel restriction orders

Schedule 7   —   

Offences relating to information about members of armed

forces etc: supplementary provisions

Schedule 8   —   

Repeals

Part 1   —   

Retention and use of fingerprints and samples

Part 2   —   

Disclosure of information and the intelligence services

Part 3   —   

Pre-charge detention

Part 4   —   

Forfeiture

 
 

 
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