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Other Bills before Parliament

Counter-Terrorism Bill


Counter-Terrorism Bill
Part 1 — Powers to gather and share information

14

 

(a)   

the reference to using material includes allowing a check to be made

against it, or against information derived from it, or disclosing it to any

person;

(b)   

the reference to crime includes any conduct that—

(i)   

constitutes a criminal offence (whether under the law of a part

5

of the United Kingdom or of a country or territory outside the

United Kingdom), or

(ii)   

is, or corresponds to, conduct that, if it took place in the United

Kingdom, would constitute a criminal offence;

(c)   

the references to investigation and prosecution include, respectively,

10

the investigation outside the United Kingdom of a crime or suspected

crime and a prosecution brought in respect of a crime in a country or

territory outside the United Kingdom.

(5)   

In this section—

“DNA sample” means any material that has come from a human body

15

and consists of or includes human cells;

“DNA profile” means any information derived from a DNA sample;

“fingerprints” means a record (in any form and produced by any method)

of the skin pattern and other physical characteristics or features of a

person’s fingers or either of a person’s palms;

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“law enforcement authority” means a police force, the Serious Organised

Crime Agency or the Commissioners for Her Majesty’s Revenue and

Customs or an authority having functions under the law of a country or

territory outside the United Kingdom—

(a)   

corresponding to those of a police force, or

25

(b)   

otherwise involving the investigation or prosecution of

offences;

“police force” means any of the following—

(a)   

the metropolitan police force;

(b)   

a police force maintained under section 2 of the Police Act 1996

30

(c. 16) (police forces in England and Wales outside London);

(c)   

the City of London police force;

(d)   

any police force maintained under or by virtue of section 1 of

the Police (Scotland) Act 1967 (c. 77);

(e)   

the Police Service of Northern Ireland;

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(f)   

the Police Service of Northern Ireland Reserve;

(g)   

the Ministry of Defence Police;

(h)   

the Royal Navy Police;

(i)   

the Royal Military Police;

(j)   

the Royal Air Force Police;

40

(k)   

the British Transport Police.

(6)   

The following are “the existing statutory restrictions” referred to in subsection

(1)—

(a)   

sections 63A and 64 of the Police and Criminal Evidence Act 1984

(c. 60);

45

(b)   

Articles 63A and 64 of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(c)   

paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 (c. 11);

(d)   

section 2(2) of the Security Service Act 1989 (c. 5);

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

15

 

(e)   

section 1(2) of the Intelligence Services Act 1994 (c. 13).

Disclosure of information and the intelligence services

19      

Disclosure and the intelligence services

(1)   

A person may disclose information to any of the intelligence services for the

purposes of the exercise by that service of any of its functions.

5

(2)   

Information obtained by any of the intelligence services in connection with the

exercise of any of its functions may be used by that service in connection with

the exercise of any of its other functions.

(3)   

Information obtained by the Security Service for the purposes of any of its

functions may be disclosed by it—

10

(a)   

for the purpose of the proper discharge of its functions,

(b)   

for the purpose of the prevention or detection of serious crime, or

(c)   

for the purpose of any criminal proceedings.

(4)   

Information obtained by the Secret Intelligence Service for the purposes of any

of its functions may be disclosed by it—

15

(a)   

for the purpose of the proper discharge of its functions,

(b)   

in the interests of national security,

(c)   

for the purpose of the prevention or detection of serious crime, or

(d)   

for the purpose of any criminal proceedings.

(5)   

Information obtained by GCHQ for the purposes of any of its functions may be

20

disclosed by it—

(a)   

for the purpose of the proper discharge of its functions, or

(b)   

for the purpose of any criminal proceedings.

(6)   

A disclosure under this section does not breach—

(a)   

any obligation of confidence owed by the person making the

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disclosure, or

(b)   

any other restriction on the disclosure of information (however

imposed).

(7)   

The provisions of this section are subject to section 20 (savings and other

supplementary provisions).

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20      

Disclosure and the intelligence services: supplementary provisions

(1)   

The provisions of section 19 (disclosure and use of information) do not affect

the duties with respect to the obtaining or disclosure of information imposed—

(a)   

on the Director-General of the Security Service, by section 2(2) of the

Security Service Act 1989 (c. 5);

35

(b)   

on the Chief of the Intelligence Service, by section 2(2) of the

Intelligence Services Act 1994;

(c)   

on the Director of GCHQ, by section 4(2) of that Act.

(2)   

Nothing in that section authorises a disclosure that—

(a)   

contravenes the Data Protection Act 1998 (c. 29), or

40

(b)   

is prohibited by Part 1 of the Regulation of Investigatory Powers Act

2000 (c. 23).

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

16

 

(3)   

The provisions of that section are without prejudice to any rule of law

authorising the obtaining, use or disclosure of information by any of the

intelligence services.

(4)   

Schedule 1 contains amendments consequential on that section.

21      

Disclosure and the intelligence services: interpretation

5

(1)   

In sections 19 and 20 “the intelligence services” means the Security Service, the

Secret Intelligence Service and GCHQ.

(2)   

References in section 19 to the functions of those services are—

(a)   

in the case of the Security Service, to the functions specified in section

1(2) to (4) of the Security Service Act 1989 (c. 5);

10

(b)   

in the case of the Secret Intelligence Service, to the functions specified

in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13),

exercised in accordance with section 1(2) of that Act;

(c)   

in the case of GCHQ—

(i)   

to the functions specified in section 3(1)(a) of that Act, exercised

15

in accordance with section 3(2) of that Act, and

(ii)   

to the functions specified in section 3(1)(b) of that Act.

(3)   

In sections 19, 20 and this section “GCHQ” has the same meaning as in the

Intelligence Services Act 1994 (see section 3(3) of that Act).

(4)   

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)

20

(meaning of “prevention” and “detection”), so far as it relates to serious crime,

applies for the purposes of section 19 as it applies for the purposes of the

provisions of that Act not contained in Chapter 1 of Part 1.

Part 2

Detention and questioning of terrorist suspects

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Pre-charge detention

22      

No extension of pre-charge detention

For the avoidance of doubt, nothing in this Act allows the Secretary of State to

extend the maximum period of pre-charge detention beyond 28 days.

Post-charge questioning

30

23      

Post-charge questioning: England and Wales

(1)   

The following provisions apply in England and Wales.

(2)   

A constable may question a person about a terrorism offence after the person

has been charged with the offence or been officially informed that they may be

prosecuted for it.

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(3)   

A constable may question a person about an offence where the person has been

sent for trial for the offence if—

(a)   

the offence is a terrorism offence, or

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

17

 

(b)   

a judge of the Crown Court—

(i)   

has made an order under section 29 of the Criminal Procedure

and Investigations Act 1996 (c. 25) for a preparatory hearing to

be held in the case, and

(ii)   

did so on the basis that the offence was within subsection (1C)

5

of that section (offences with a terrorist connection).

(4)   

The questioning of a person under this section—

(a)   

must be authorised in the first instance by an officer of at least the rank

of superintendent, and may be so authorised for a maximum of 24

hours in total; and

10

(b)   

must subsequently be authorised by a justice of the peace, and may be

so authorised—

(i)   

on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)   

on subsequent application, for further periods each of up to five

15

days in total.

(5)   

A justice of the peace must not authorise the questioning of a person under this

section unless satisfied—

(a)   

that further questioning of the person is necessary in the interests of

justice, and

20

(b)   

that the investigation for the purposes of which the further questioning

is proposed is being conducted diligently and expeditiously.

(6)   

Codes of practice under section 66 of the Police and Criminal Evidence Act

1984 (c. 60) must make provision about the questioning of a person by a

constable in accordance with this section.

25

(7)   

Nothing in this section prevents codes of practice under that section making

other provision for the questioning of a person by a constable about an

offence—

(a)   

after the person has been charged with the offence or been officially

informed that they may be prosecuted for it, or

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(b)   

after the person has been sent for trial for the offence.

(8)   

In section 34(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (effect

of accused’s failure to mention facts when questioned or charged:

circumstances in which the section applies) after paragraph (b) insert—

   

“; or

35

(c)   

at any time after being charged with the offence, on being

questioned under section 23 of the Counter-Terrorism Act 2008

(post-charge questioning), failed to mention any such fact,”.

(9)   

Nothing in section 36 or 37 of that Act (effect of accused’s failure or refusal to

account for certain matters) is to be read as excluding the operation of those

40

sections in relation to a request made in the course of questioning under this

section.

24      

Post-charge questioning: Scotland

(1)   

The following provisions apply in Scotland.

(2)   

A constable may question a person about a terrorism offence after the person

45

has been charged with the offence.

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

18

 

(3)   

A constable may question a person about any other offence after the person has

been charged with the offence if—

(a)   

the person has appeared on petition in respect of the offence, and

(b)   

it is averred in the petition that the offence has a terrorist connection.

(4)   

A constable may question a person under subsection (2) or (3) at any time up

5

to the commencement of the trial.

(5)   

The questioning of a person under this section—

(a)   

must be authorised in the first instance by a constable of at least the

rank of superintendent, and may be so authorised for a maximum of 24

hours in total; and

10

(b)   

must subsequently be authorised by the sheriff, and may be so

authorised—

(i)   

on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

(ii)   

on subsequent application, for further periods each of up to five

15

days in total.

(6)   

The sheriff must not authorise the questioning of a person under this section

unless satisfied—

(a)   

that further questioning of the person is necessary in the interests of

justice, and

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(b)   

that the investigation for the purposes of which the further questioning

is proposed is being conducted diligently and expeditiously.

(7)   

Evidence of any statement obtained from a person as a result of questioning

under subsection (2) or (3) is not inadmissible solely because the questioning

occurred after the person had been charged.

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(8)   

In this section “charged” means charged by the police.

25      

Post-charge questioning: Northern Ireland

(1)   

The following provisions apply in Northern Ireland.

(2)   

A constable may question a person about a terrorism offence—

(a)   

after the person has been charged with the offence or been officially

30

informed that they may be prosecuted for it, or

(b)   

after the person has been committed for trial for the offence.

(3)   

The questioning of a person under this section—

(a)   

must be authorised in the first instance by an officer of at least the rank

of superintendent, and may be so authorised for a maximum of 24

35

hours in total; and

(b)   

must subsequently be authorised by a district judge (magistrates’

courts), and may be so authorised—

(i)   

on initial application, for a maximum of five days in total

(including the 24 hours mentioned in paragraph (a)), and

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(ii)   

on subsequent application, for further periods each of up to five

days in total.

(4)   

A district judge (magistrates’ courts) must not authorise the questioning of a

person under this section unless satisfied—

 
 

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects

19

 

(a)   

that further questioning of the person is necessary in the interests of

justice, and

(b)   

that the investigation for the purposes of which the further questioning

is proposed is being conducted diligently and expeditiously.

(5)   

Codes of practice under Article 65 of the Police and Criminal Evidence

5

(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) must make provision

about the questioning of a person by a constable in accordance with this

section.

(6)   

Nothing in this section prevents codes of practice under that Article making

other provision for the questioning of a person by a constable about an

10

offence—

(a)   

after the person has been charged with the offence or been officially

informed that they may be prosecuted for it, or

(b)   

after the person has been committed for trial for the offence.

(7)   

In Article 3(1) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I.

15

1988/1987 (N.I. 20)) (effect of accused’s failure to mention facts when

questioned or charged: circumstances in which the article applies) after sub-

paragraph (b) insert—

   

“; or

(c)   

at any time after being charged with the offence, on being

20

questioned under section 25 of the Counter-Terrorism Act 2008

(post-charge questioning), failed to mention any such fact,”.

(8)   

Nothing in Article 5 or 6 of that Order (effect of accused’s failure or refusal to

account for certain matters) is to be read as excluding the operation of those

Articles in relation to a request made in the course of questioning under this

25

section.

26      

Recording of interviews

(1)   

This section applies to any interview of a person by a constable under section

23, 24 or 25 (post-charge questioning).

(2)   

Except as provided by order of the Secretary of State—

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(a)   

any such interview must be video recorded, and

(b)   

the video recording must be with sound.

(3)   

The Secretary of State must issue a code of practice about the video recording

of interviews to which this section applies.

(4)   

The interview and video recording must be conducted in accordance with that

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code of practice.

(5)   

An order or code of practice under this section—

(a)   

may make provision in relation to a particular part of the United

Kingdom, and

(b)   

may make different provision for different parts of the United

40

Kingdom.

(6)   

Any order under this section is subject to affirmative resolution procedure.

 
 

 
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