Final Agenda
In section 12 of the Terrorism Act 2000 (support), after subsection (1) insert—
Section 13 of the Terrorism Act 2000 (uniform) is amended as follows.
In the heading, after “Uniform” insert “ and publication of images ”.
After subsection (1) insert—
After subsection (3) insert—
Section 58 of the Terrorism Act 2000 (collection of information) is amended as follows.
In subsection (1)—
omit “or” at the end of paragraph (a);
after paragraph (b) insert, or
After subsection (1) insert—
After subsection (3) insert—
The Terrorism Act 2000 is amended as follows.
After section 58A insert—
In section 123 (orders and regulations)—
in subsection (4), after paragraph (b) insert—;
in subsection (5), for “or (b)” substitute “ , (b) or (ba) ”;
after subsection (6) insert—
The Terrorism Act 2006 is amended as follows.
Section 1 (encouragement of terrorism) is amended in accordance with subsections (3) and (4).
In subsection (1)—
for the words from “some” to “published” substitute “ a reasonable person ”;
for “to them” substitute “ , to some or all of the members of the public to whom it is published, ”.
In subsection (3)—
in the opening words, for “members of the public” substitute “ a reasonable person ”;
in paragraph (b), omit “those”.
Section 2 (dissemination of terrorist publications) is amended in accordance with subsections (6) and (7).
In subsection (3), in paragraph (a), for the words from “, by” to “them” substitute “ by a reasonable person as a direct or indirect encouragement or other inducement, to some or all of the persons to whom it is or may become available as a result of that conduct, ”.
In subsection (4)—
in the opening words, after “by a” insert “ reasonable ”;
in paragraph (b), for “that person” substitute “ a person ”.
Section 17 of the Terrorism Act 2006 (commission of offences abroad) is amended as follows.
Subsection (2) is amended in accordance with subsections (3) to (5) below.
In paragraph (a)—
after “section 1” insert “ or 2 ”, and
omit the words from “so far as” to the end.
After paragraph (c) insert—.
After paragraph (d) insert—.
In subsection (3), after “citizen” insert “ (subject to subsection (3A)) ”.
After subsection (3) insert—
The Terrorism Act 2000 is amended in accordance with subsections (2) to (4).
In section 38B (information about acts of terrorism), in subsection (5)(a), for “five years” substitute “ 10 years ”.
In section 58 (collection of information), in subsection (4)(a), for “10 years” substitute “ 15 years ”.
In section 58A (eliciting, publishing or communicating information about members of armed forces etc), in subsection (3)(a), for “10 years” substitute “ 15 years ”.
The Terrorism Act 2006 is amended in accordance with subsections (6) and (7).
In section 1 (encouragement of terrorism), in subsection (7)(a), for “7 years” substitute “ 15 years ”.
In section 2 (dissemination of terrorist publications), in subsection (11)(a), for “7 years” substitute “ 15 years ”.
The Counter-Terrorism Act 2008 is amended as follows.
In section 30 (sentences for offences with a terrorist connection: England and Wales)—
in the heading, after “Wales” insert “ and Northern Ireland ”;
in subsection (1), after “Wales” insert “ , or in Northern Ireland, ”.
In section 42 (offences to which notification requirements apply: offences having a terrorist connection), in subsection (1), in paragraph (a), after “Wales” insert “ and Northern Ireland ”.
Schedule 2 (list of offences where terrorist connection to be considered) is amended in accordance with subsections (5) and (6).
Assault by explosive device under the law of Scotland. Assault to severe injury under the law of Scotland. Assault and poisoning under the law of Scotland. Poisoning under the law of Scotland. False imprisonment under the law of Northern Ireland.
In the list of statutory offences—
in the entry relating to the Offences against the Person Act 1861, after paragraph (a) insert—;
An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (blackmail). An offence under section 1 of the Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.)) (intimidation).
after the entry relating to the Chemical Weapons Act 1996 insert— “ An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence). ”;
after the entry relating to the Anti-terrorism, Crime and Security Act 2001 insert—An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—
The Criminal Justice Act 2003 is amended as follows.
In section 224 (meaning of “specified offence” etc)—
in subsection (1), for “or a specified sexual offence” substitute “ , a specified sexual offence or a specified terrorism offence ”;
“specified terrorism offence” means an offence specified in Part 3 of that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the heading, for “or sexual” substitute “, sexual or terrorism”;
in subsection (8), in paragraph (b), at the end insert “or a specified terrorism offence”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the heading, for “or sexual” substitute “, sexual or terrorism”;
in subsection (6), in paragraph (b), at the end insert “or a specified terrorism offence”.
In Schedule 15 (specified offences for the purposes of certain sentencing provisions in Chapter 5 of Part 12, relating to dangerous offenders), after Part 2 insert—
In Schedule 18A (offences in relation to which a special custodial sentence for offenders of particular concern may be imposed under section 236A)—
after paragraph 6 insert—;
after paragraph 9 insert—;
after paragraph 13 insert—;
after paragraph 15 insert—
Section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences for sex and violent offenders) is amended as follows.
In the heading, for “sex and violent offenders” substitute “ sex, violent and terrorist offenders ”.
In subsection (1)—
for “or violent” substitute “ , violent or terrorism ”;
in paragraph (a)(ii), after “violent” insert “ or terrorism ”.
In subsection (3)—
omit “and” at the end of paragraph (a);
after paragraph (b) insert, and
In subsection (10)—
in the definition of “imprisonment”, omit “and” at the end of paragraph (ii);
after that definition insert—.
The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.
In Article 12 (meaning of “specified offence” etc)—
in paragraph (1), for “or a specified sexual offence” substitute “ , a specified sexual offence or a specified terrorism offence ”;
“specified terrorism offence” means an offence specified in Part 3 of that Schedule.
In Article 14 (extended custodial sentence for certain violent or sexual offences), in paragraph (8), in sub-paragraph (b) at the end insert “ or a specified terrorism offence ”.
In Schedule 2 (specified offences for the purposes of certain sentencing provisions in Chapter 3, relating to dangerous offenders), after Part 2 insert—
The Counter-Terrorism Act 2008 is amended as follows.
In section 47 (information to be notified), in subsection (2)—
after paragraph (d) insert—;
after paragraph (f) insert—;
after paragraph (g) insert—.
In section 48 (notification of changes)—
in the heading, at the end insert “ : general ”;
after subsection (4) insert—;
for subsection (7) substitute—
After section 48 insert—
In section 49 (periodic re-notification)—
in subsection (1), for “the period of one year” substitute “ the applicable period ”;
after that subsection insert—
In section 60 (minor definitions), at the appropriate places insert the following definitions—; “identifying information”, in relation to a motor vehicle, means— “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “payment card” means a credit card, a charge card, a prepaid card or a debit card; “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994;
After Schedule 3 insert, as Schedule 3A, the Schedule set out in Schedule 1 to this Act.
In the Counter-Terrorism Act 2008, after section 56 insert—
Schedule 1 to the Serious Crime Act 2007 (serious offences for the purposes of serious crime prevention orders) is amended as follows.
In Part 1 (serious offences in England and Wales), after paragraph 2 insert—
In Part 1A (serious offences in Scotland), after paragraph 16B insert—
In Part 2 (serious offences in Northern Ireland), after paragraph 18 insert—
The Road Traffic Regulation Act 1984 is amended as follows.
After section 22C insert—
Section 22D (section 22C: supplemental) is amended in accordance with subsections (4) to (9).
In subsection (1)—
after “made” insert “ , and a notice may be issued, ”;
after “the order” insert “ or notice ”.
After subsection (1) insert—
In subsection (2), after “made” insert “ , or a notice issued, ”.
In subsection (3), after “made” insert “ , or a notice under that section issued, ”.
In subsection (4)—
after “made” insert “ , or a notice issued, ”;
after “the order,” insert “ notice, ”.
In subsection (5)—
in the words before paragraph (a), after “made” insert “ , or a notice issued, ”;
in paragraph (a) after “order” insert “ or notice ”;
after paragraph (c) insert—
In section 67 (emergencies and temporary obstructions), after subsection (1A) insert—
After section 94 insert (in Part 7)—
In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 5 insert—
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
In paragraph 6, after sub-paragraph (3) insert—
In paragraph 7, after sub-paragraph (2) insert—
In paragraph 9—
for sub-paragraphs (1) and (2) substitute—, and
omit sub-paragraphs (4) and (5).
In paragraph 16—
in sub-paragraph (8), omit “Subject to paragraph 17,”, and
after sub-paragraph (9) insert—
In paragraph 17—
for sub-paragraphs (1) and (2) substitute—, and
in sub-paragraph (3), in the opening words for “(1)” substitute “ (2) ”.
The Terrorism Act 2000 is amended as follows.
In section 41 (arrest without a warrant), after subsection (8) insert—
If a person detained under paragraph 6 is removed to hospital because the person needs medical treatment—
Schedule 2 contains amendments in relation to the retention of biometric data for counter-terrorism and other national security purposes.
The Counter-Terrorism and Security Act 2015 is amended in accordance with subsections (2) to (7).
Section 36 (assessment and support for persons vulnerable to being drawn into terrorism: local panels) is amended in accordance with subsections (3) and (4).
In subsection (2), after “police” insert “ , or by a local authority, ”.
In subsection (3), after “police” insert “ or a local authority ”.
Section 38 (co-operation) is amended in accordance with subsections (6) and (7).
In subsection (1)(b), after “the police” insert “ and local authorities ”.
In subsection (8)—
after “police” insert “ and local authorities ”;
after “officer's” insert “or local authority's”.
The Secretary of State must ... make arrangements for an independent review and report on the Government strategy for supporting people vulnerable to being drawn into terrorism.
The report and any recommendations of the review under subsection (8) must be laid before both Houses of Parliament ....
The laying of the report and recommendations under subsection (9) must be accompanied by a statement by the Secretary of State responding to each recommendation made as part of the independent review.
Section 2 of the Reinsurance (Acts of Terrorism) Act 1993 (reinsurance arrangements to which the Act applies) is amended as follows.
In subsection (1)—
omit “and” at the end of paragraph (a);
after paragraph (b) insertand .
After subsection (1) insert—
Schedule 3 confers powers exercisable at ports and borders etc.
Schedule 4 contains minor and consequential amendments.
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
Regulations under this section may amend any enactment passed or made before this Act or in the same Session.
A statutory instrument containing regulations under this section any of which amend primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing regulations under this section none of which amends primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different purposes;
may include incidental, supplementary, consequential, transitional or saving provision.
In this section—
Part 6 of Schedule 1 to the Protection of Freedoms Act 2012 (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989) is amended as follows.
In section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence), after subsection (11) insert—
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows. In Article 51 (savings), after paragraph (b) insert—. In Article 57 (right to have someone informed when arrested), in paragraph (10) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In Article 59 (access to legal advice), in paragraph (12) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In Article 61 (fingerprinting), in paragraph (9)(b) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In Article 61A (impressions of footwear), in paragraph (8)(a) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In Article 62 (intimate samples), after paragraph (12) insert— In Article 63 (other samples), in paragraph (11) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.))), after paragraph (4) insert—
The Terrorism Act 2000 is amended as follows. In section 41 (arrest without warrant), in subsection (3)(b) after “Schedule 7” insert “, or under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019,”. In Schedule 8, in paragraph 20A(6) after paragraph (e) insert—.
In section 18 of the Counter-Terrorism Act 2008 (destruction of national security material not subject to existing statutory restrictions), in subsection (8) after paragraph (j) insert—
In section 20 of the Protection of Freedoms Act 2012 (function of the Commissioner for the Retention and Use of Biometric Material to keep under review national security determinations)—
in subsection (2), in paragraph (a) after sub-paragraph (iv) insert—;
in subsection (6), after paragraph (d) insert—;
in subsection (8)—
omit “and” at the end of paragraph (a);
at the end of (b) insert , and
In Schedule 2 to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 (advice and assistance)— Nothing in sub-paragraph (1) affects any power under the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend any provision of the Order amended by that sub-paragraph.
for the title to Part 2 substitute “Matters other than those relating to PACE, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019”;
in the title to Part 3 after “matters” insert “, Schedule 7 to the Terrorism Act 2000 matters or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 matters”;
in note (1) to Table 1 in Part 3 (which refers to work relating to interviews conducted under the Police and Criminal Evidence (Northern Ireland) Order 1989), at the end insert “, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019”.
The Terrorism Act 2000 is amended as follows.
In paragraph 7, in sub-paragraph (3)(b) for “2 years” substitute “ 5 years ”.
In section 13 (uniform), omit subsection (2).
After paragraph 7 insert—
section 58B (entering or remaining in a designated area);
In section 118 (defences), in subsection (5)(a), after “58A,” insert “58B,”.
A person may be specified in an order under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).
“fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;
The Counter-Terrorism Act 2008 is amended as follows.
an Act of the Scottish Parliament, or
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
An examining officer may enter a vehicle for the purpose of exercising a function conferred on the officer by virtue of this Schedule. In this paragraph “vehicle” includes an aircraft, hovercraft, train or vessel.
A power conferred by virtue of this Schedule on a constable—
is additional to powers exercisable at common law or by virtue of any other enactment, and
is not to be taken to affect those powers.
An examining officer may, for the purpose of determining whether there are any persons the officer may wish to question under paragraph 1—
search a ship or aircraft;
search anything on a ship or aircraft;
search anything that the officer reasonably believes has been, or is about to be, on a ship or aircraft.
In the Children and Young Persons Act 1933, in section 49 (restrictions on reports of proceedings in which children or young persons are concerned)—
in subsection (6)—
omit “or” at the end of paragraph (b);
after paragraph (b) insert—;
in subsection (11), after the definition of “specified” insert—.
In the following provisions of the Domestic Violence, Crime and Victims Act 2004 (which relate to duties of local probation boards in connection with victims of sexual or violent offences), for “or violent” substitute “, violent or terrorism”—
section 35(1)(a);
section 36(2);
section 39(1)(a);
section 42(1)(a);
section 45(2).
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows. In section 94 (requirements for electronic monitoring)— In section 95 (requirements for electronic monitoring: extradition cases), in subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”. In section 98 (first set of conditions for a remand to youth detention accommodation), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”. In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”. In section 107 (interpretation of Chapter 3), in subsection (1), after the definition of “sexual offence” insert—. In Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory), in paragraph 36—
In the Repatriation of Prisoners Act 1984, in the Schedule (operation of certain enactments in relation to prisoners to whom the Act applies), in paragraph 2(3A) for “or sexual” substitute “, sexual or terrorism”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. In section 106A (interaction between detention and training order and sentence of detention), in subsection (1), in paragraph (b) of the definition of “sentence of detention”, for “or sexual” substitute “, sexual or terrorism”. In section 147A (extension of driving disqualification where custodial sentence imposed), in subsection (4)—
Section 18G (retention of samples etc: national security) is amended as follows. In subsection (2) for “the relevant chief constable” substitute “ the chief constable of the Police Service of Scotland ”. In subsection (3) for “the relevant chief constable” substitute “ the chief constable of the Police Service of Scotland ”. In subsection (4)(b) for “2 years” substitute “ 5 years ”. Omit subsection (6).
An examining officer who questions a person under paragraph 1 may— Where an examining officer questions a person in the border area under paragraph 1 the officer may (in addition to the matters specified in sub-paragraph (1))— The powers conferred by sub-paragraphs (1) and (2) are exercisable only for the purposes of determining whether a person is or has been engaged in hostile activity. A search of a person under this paragraph— A strip search of a person may not be carried out under this paragraph unless— “Senior officer” means— In this paragraph—
After section 18G insert—
An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in connection with a person's engagement in hostile activity. This paragraph applies to— The reference in sub-paragraph (2)(a) to goods which are about to leave Great Britain or Northern Ireland on a ship includes goods which— The reference in sub-paragraph (2)(b) to goods which are about to leave any place in Great Britain or Northern Ireland on an aircraft includes goods which— An examination under this paragraph may be carried out only— For the purposes of determining whether to carry out an examination under this paragraph an examining officer may— In this paragraph—
An examining officer may authorise a person to carry out on the officer's behalf a search or examination under any of paragraphs 7 to 9. A person authorised under this paragraph is to be treated as an examining officer for the purposes of—
Section 18B (retention for purposes of national security) is amended as follows. In subsection (1) after “responsible officer” insert “ , or by a chief officer of police, ”. In subsection (2) after “responsible officer” insert “ , or a chief officer of police, ”. In subsection (3)(b) for “2 years” substitute “ 5 years ”. After subsection (3) insert—
an Act of Parliament,
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows. In Article 63D (retention of Article 63B material: persons arrested for or charged with a qualifying offence) (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 N.I.))— After Article 63D insert—
This paragraph applies where the examining officer is a constable. The officer may copy anything which— The copy may be retained—
This paragraph applies to any interview by a constable of a detainee that takes place in a police station. The video recording (with sound) of interviews to which this paragraph applies must be carried out in accordance with any relevant code of practice under Part 4 of this Schedule.
Where a review officer authorises continued detention the officer must inform the detainee— Where a review of a detainee’s detention is being carried out at a time when the detainee’s exercise of a right under paragraph 29 or 30 (in the case of a detainee in England, Wales or Northern Ireland), or paragraph 37 (in the case of a detainee in Scotland), is being delayed—
The Police and Criminal Evidence Act 1984 is amended as follows. In section 51 (savings)— In section 56 (right to have someone informed when arrested), in subsection (10) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In section 58 (access to legal advice), in subsection (12) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In section 61 (fingerprinting), in subsection (9)(b) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In section 61A (impressions of footwear), in subsection (8)(a) after “terrorism provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In section 62 (intimate samples), after subsection (12) insert— In section 63 (other samples), in subsection (10) at the end insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019”. In section 63U (exclusion for certain regimes), after subsection (4) insert—
For paragraph 3 of Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 substitute— Nothing in sub-paragraph (1) affects the power in section 11 of the Channel Tunnel Act 1987 to revoke or amend any provision of the Order amended by that sub-paragraph.
In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful interception without an interception warrant), in subsection (3B) at the end insert “or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security)”.
In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011— Nothing in sub-paragraph (1) affects any power under the Legal Aid (Scotland) Act 1986 to revoke or amend any provision of the regulations amended by that sub-paragraph.
In the Criminal Legal Aid (General) Regulations 2013, in regulation 12(2) (prescribed conditions)— Nothing in sub-paragraph (1) affects any power under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to revoke or amend any provision of the regulations amended by that sub-paragraph.
In section 47 of the Investigatory Powers Act 2016 (postal services: interception for enforcement purposes), in subsection (2) at the end insert “or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security)”.
“primary legislation” means—
“responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—
A person commits an offence if the person— A person guilty of an offence under this paragraph is liable— In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in sub-paragraph (2)(a) to 51 weeks is to be read as a reference to 3 months. Proceedings for an offence under this paragraph are not to be started— But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence under this paragraph has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, consent may be given for the purposes of this paragraph only with the permission—
An examining officer may take any steps which are reasonably necessary for— This paragraph does not confer the power to take—
Subject to paragraph 32, a detainee who is detained at a place in England, Wales or Northern Ireland is entitled, if the detainee so requests, to have one named person informed as soon as is reasonably practicable that the detainee is being detained there. The person named must be— Where a detainee is transferred from one place to another, the detainee is to be entitled to exercise the right under this paragraph in respect of the place to which the detainee is transferred. A detainee must be informed of the right under this paragraph on first being detained.
“responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken or provided, the chief constable of the Police Service of Scotland;
Subject to paragraphs 32 and 33, a detainee who is detained in England, Wales or Northern Ireland is entitled, if the detainee so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time. Where a request is made under sub-paragraph (1), the request and the time at which it was made must be recorded. A detainee must be informed of the right under this paragraph on first being detained.
the Royal Navy Police;
This paragraph applies where a detainee makes a request to consult a solicitor. The examining officer may not question the detainee under paragraph 1 or 2 until the detainee has consulted a solicitor (or no longer wishes to do so). Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters. The powers conferred by paragraph 8 (search powers where a person is questioned under paragraph 1) may be used when questioning is postponed because of sub-paragraph (2). The detainee is entitled to consult a solicitor in person. Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters. In that case the examining officer may require any consultation to take place in another way. In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 1 or 2.
an enactment comprised in, or in an instrument made under, Northern Ireland legislation;
A police officer of at least the rank of superintendent may authorise a delay— An officer may give an authorisation under sub-paragraph (1) only if the officer has reasonable grounds for believing— Those consequences are— If an authorisation under sub-paragraph (1) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable. Where an authorisation under sub-paragraph (1) is given— Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
“relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;
This paragraph applies where a detainee exercises the right under paragraph 30 to consult a solicitor. A police officer of at least the rank of superintendent may direct that the right— A direction under this paragraph may be given before or after a detainee's consultation with a solicitor has started (and if given after it has started the right to further consult that solicitor ceases on the giving of the direction). A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing— For the purposes of sub-paragraph (4) the question whether a person has benefited from the person's criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
This paragraph applies in relation to a copy consisting of or including confidential material that is retained by virtue of paragraph 17(3)(d) or (e), other than a copy in respect of which an authorisation is granted under paragraph 20. The Investigatory Powers Commissioner (“the Commissioner”) must be informed of the copy's retention as soon as is reasonably practicable. The Commissioner may authorise the retention and use of the copy if both of the following two conditions are met. The first condition is that it appears to the Commissioner that there are reasonable grounds to believe that it is necessary to retain the copy— The second condition is that the Commissioner is satisfied that— If the Commissioner does not proceed under sub-paragraph (3) in relation to a copy, the Commissioner must (subject to sub-paragraph (7)) direct that the copy is destroyed. Sub-paragraph (6) does not apply if the copy is further retained under a power conferred by paragraph 17(3)(b) or (c). In authorising the retention and use of a copy under sub-paragraph (3) the Commissioner may impose whatever conditions the Commissioner thinks appropriate in relation to its retention and use. For the purposes of sub-paragraph (5)(b), the use of material is necessary for a relevant purpose if it is necessary— In this paragraph “confidential material” has the meaning given by paragraph 12(10) and (11).
Before proceeding under paragraph 18 in relation to a copy, the Commissioner— Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, exercises a function under paragraph 18 in relation to a copy, an affected party may ask the Investigatory Powers Commissioner to decide whether to approve the way in which the function was exercised. Each of the following is an “affected party” for the purposes of this paragraph— In sub-paragraph (3) “responsible chief officer” means— Sub-paragraph (6) applies where— The Commissioner must inform the person from whom the article was taken from which the copy was made that— A requirement under this paragraph to invite representations from, or to provide information to, the person from whom an article was taken from which a copy was made applies only so far as it is reasonably practicable to do so. Representations under sub-paragraph (1) must be made in writing.
This paragraph applies where— The urgency condition is met in relation to a copy if— The examining officer may apply to a senior officer for authorisation to continue to retain and use the copy. An application under sub-paragraph (3) in relation to a copy may be made only to a senior officer who has not been directly involved in the exercise of any power under this Part of this Schedule to make the copy or to question a person from whom the article was taken from which the copy was made. A senior officer may grant an authorisation under this paragraph for the retention and use of a copy if satisfied that— An authorisation under this paragraph— Paragraphs 21 and 22 contain further provision about authorisations granted under this paragraph. In this paragraph—
If a senior officer grants an authorisation under paragraph 20, the examining officer who applied for the authorisation must inform the Investigatory Powers Commissioner and each affected party of its grant. The information required under sub-paragraph (1) must be given as soon as reasonably practicable and in any event within 24 hours after the grant of the authorisation. An affected party may make representations to the Commissioner about how the Commissioner should proceed under paragraph 22 in respect of an authorisation granted under paragraph 20. Representations under sub-paragraph (3) must be made in writing no later than the end of two working days beginning with the first working day after the day on which the authorisation is granted. The information provided under sub-paragraph (1) must include an explanation of the right to make representations in writing and the time by which they must be made. The Commissioner must have regard to any representations made before the end of the time mentioned in sub-paragraph (4) in determining how to proceed under paragraph 22. The requirement under this paragraph to provide information to the person from whom an article was taken from which the copy was made applies only so far as it is reasonably practicable to do so. In this paragraph and paragraph 22—
This paragraph applies after the Investigatory Powers Commissioner has considered any representations made about an authorisation in accordance with paragraph 21. The Commissioner must— A decision under sub-paragraph (2) must be made— If the decision under sub-paragraph (2) is to approve the grant of the authorisation, the retention and use of the copy may continue in accordance with the conditions on which the authorisation was granted (subject to any further conditions or variation of the existing conditions that the Commissioner specifies). If the decision under sub-paragraph (2) is to cancel the authorisation, any further use of the copy must stop as soon as possible. If the Commissioner cancels the authorisation the Commissioner may direct that— Sub-paragraphs (5) and (6) do not apply if the copy is further retained under a power conferred by paragraph 17(3)(b) or (c). The Commissioner must inform each affected party of the Commissioner's decision under sub-paragraph (2). The requirement under this paragraph to provide information to the person from whom the article was taken from which the copy was made applies only so far as it is reasonably practicable to do so. Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, exercises a function under this paragraph in relation to a copy, an affected party may ask the Investigatory Powers Commissioner to decide whether to approve the way in which the function was exercised. Nothing in this paragraph affects the lawfulness of—
After section 18B insert—
The detention of a person (“the detainee”) under Part 1 of this Schedule must be periodically reviewed by a review officer. The first review must be carried out before the end of the period of one hour beginning with the detainee’s detention under that Part. Subsequent reviews must be carried out at intervals of not more than two hours. The review officer may authorise a detainee’s continued detention under Part 1 of this Schedule only if satisfied that it is necessary for the purposes of exercising a power under paragraph 1 or 2. If on a review under this paragraph the review officer does not authorise a detainee’s continued detention, the detainee must be released (unless detained under another power). In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detainee under paragraph 1 or 2. “Senior officer” means—
The Coroners and Justice Act 2009 is amended as follows. In section 126 (determination of tariffs etc), in subsection (2)— Omit section 138 (which inserted certain terrorism offences into Part 1 of Schedule 15 to the Criminal Justice Act 2003).
The Bail Act 1976 is amended as follows. In section 2 (interpretation), in subsection (2), after the definition of “surrender to custody” insert—. In section 3AA (conditions for the imposition of electronic monitoring requirements on children and young persons other than in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”. In section 3AAA (conditions for the imposition of electronic monitoring requirements on children and young persons in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.
The Counter-Terrorism Act 2008 is amended as follows.
In the Road Traffic Offenders Act 1988, in section 35A (extension of disqualification where custodial sentence also imposed), in subsection (4)—
in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;
in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.
The Criminal Justice Act 2003 is amended as follows. In Schedule 15 (specified offences for the purposes of certain sentencing provisions in Chapter 5 of Part 12, relating to dangerous offenders), in Part 1 (specified violent offences) omit the following paragraphs (which mention terrorism offences that appear in the new Part 3, to be inserted by section 9 of this Act)— In Schedule 18A (offences for which a special custodial sentence for certain offenders of particular concern may be imposed)—
In section 18E (sections 18 to 18E: supplementary provisions), in subsection (1), in paragraph (f) of the definition of “responsible officer”, for “Serious Organised Crime Agency”, in both places where it occurs, substitute “National Crime Agency”.
section 58B (entering or remaining in a designated area),
In section 40 (scheme of Part 4), in subsection (2)—
omit “and” at the end of paragraph (a);
after paragraph (b) insert , and
In section 41 (offences to which Part 4 applies: terrorism offences), in subsection (1)(a), in the entry relating to sections 56 to 61, after “purposes of terrorism” insert “, eliciting information about members of armed forces etc, entering or remaining in a designated area”.
In section 48 (notification of changes), in subsection (9) after “this section,”, in the second place it occurs, insert “section 48A (notification of changes: financial information and information about identification documents),”.
Section 49 (periodic re-notification) is amended as follows. In subsection (1)— In subsection (2), for “period referred to in that subsection” substitute “applicable period.”
In section 50 (method of notification and related matters), in subsection (1)—
in paragraph (b), after “change” insert “: general”;
after paragraph (b) insert—.
Section 54 (offences relating to notification) is amended as follows. In subsection (1)— In subsection (4)(a)—
Section 55 (effect of absence abroad) is amended as follows. In subsection (5)— In subsection (6), for “Section 48 does” substitute “Sections 48 and 48A do”. In subsection (7), for “the period” substitute “the applicable period”.
In section 56 (notification on return after absence from UK), in subsection (1)(b)—
in sub-paragraph (ii), after “changes” insert “: general”;
after that sub-paragraph insert—.
“enactment” includes—
an Act or Measure of the National Assembly for Wales,
The amendments made by sections 12 and 13 apply in relation to notification requirements that apply to a person in respect of an offence committed, or a sentence or order imposed, before, on or after the commencement day.
The amendments made by sections 12 and 13 apply in relation to a person to whom the notification requirements apply whether the person became subject to those requirements before the commencement day or becomes so on or after the commencement day, subject as follows.
If the person has made an initial notification under section 47 of the Counter-Terrorism Act 2008 before the commencement day, the person must make a further such notification under that section of the information in subsection (2) of that section, as amended by section 12 of this Act.
So far as relating to the further notification mentioned in subsection (3), the reference in section 47(1) of the Counter-Terrorism Act 2008 to the period of three days beginning with the day on which the person was dealt with in respect of the offence is to be read—
in the case of a person who has a sole or main residence in the United Kingdom, as a reference to the period of three months beginning with the commencement day;
in the case of a person who does not have a sole or main residence in the United Kingdom, as a reference to the period of one week beginning with the commencement day.
The requirement imposed by subsection (3) to notify information under section 47(1) of the Counter-Terrorism Act 2008 within a period mentioned in subsection (4) of this section does not apply if the information is otherwise notified before the end of that period when a person complies with a duty imposed by—
section 48 of that Act (notification of changes: general);
section 48A of that Act (notification of changes: financial information and information about identification documents);
section 49 of that Act (periodic re-notification).
For the purposes of section 54(1) of the Counter-Terrorism Act 2008 (offences relating to notification), references to compliance with section 47 are to be read as including references to compliance with that section as modified in accordance with subsections (3) and (4).
The amendment made by paragraph 51 of Schedule 4 does not apply in relation to a person whose intended date of departure is before the end of the period of 7 days beginning with the day on which the amendment comes into force.
In this section, “the commencement day” means the day on which section 12 comes into force.
An amendment made by any of sections 1, 2, 3, 5 or 6 applies only in a case where every act or other event proof of which is required for conviction of the offence in question takes place on or after the day on which the amendment comes into force.
An amendment made by section 7 ... applies only in relation to an offence committed on or after the day on which the amendment comes into force.
Except as otherwise provided by subsection (4), an amendment made by section 9 or 10, or by Part 1 of Schedule 4, applies in relation to a person sentenced for an offence on or after the day on which the amendment comes into force, whether the offence was committed before that day or on or after it.
The amendments made by section 9 and Part 1 of Schedule 4, so far as they have effect for the purposes of the following provisions, apply only in relation to a person sentenced for an offence committed on or after the day on which they come into force—
sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003, and
sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006.
An amendment made by section 11 or Part 2 of Schedule 4 applies only in relation to a person sentenced for an offence committed on or after the day on which the amendment comes into force.
An amendment made by section 14 applies in relation to an offence or conduct whether committed or occurring before the day on which the amendment comes into force or on or after that day.
An amendment made by the following provisions of Schedule 2 applies only in respect of a national security determination made or renewed on or after the day on which the amendment comes into force—
paragraph 3(4);
paragraph 7(4);
paragraph 10(4);
paragraph 13(4);
paragraph 16(4);
paragraph 19.
For the purposes of subsection (7)—
it does not matter whether the material to which the determination relates was taken or provided, or was derived from material taken or provided, before the day on which the amendment comes into force or on or after that day;
the reference to the renewal of a determination on or after that day includes a reference to the renewal of a determination that was first made before that day.
The powers conferred by Schedule 3 are exercisable in relation to a hostile act whether carried out before the day on which that Schedule comes into force or on or after that day.
This Act extends to England and Wales, Scotland and Northern Ireland, except as otherwise provided by subsections (2) to (6).
Section 9 extends to England and Wales only.
Section 10 extends to Scotland only.
Section 11 extends to Northern Ireland only.
The following provisions extend to England and Wales and Scotland only—
section 15;
section 20;
section 21.
An amendment or repeal made by Schedule 2 or 4 has the same extent as the provision amended or repealed.
The power under section 338(1) of the Criminal Justice Act 2003 (extension to the Channel Islands or the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 39(6) of the Terrorism Act 2006 (extension to the Channel Islands or the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 31(4) of the Terrorism Prevention and Investigation Measures Act 2011 (extension to the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
The following provisions come into force on the day on which this Act is passed—
section 21;
section 23(2) to (7);
section 26;
this section;
section 28;
paragraph 19 of Schedule 4 and section 23(1) so far as relating to that paragraph;
any other provision of this Act so far as necessary for enabling the exercise on or after the day on which this Act is passed of any power under Schedule 3 to make regulations or to issue codes of practice.
The following provisions come into force on such day or days as the Secretary of State may by regulations appoint—
sections 16, 17 and 18;
section 19 and Schedule 2;
section 22 and Schedule 3 (so far as not brought into force by subsection (1)(g) of this section);
paragraphs 17 and 18, 20 to 26 and 28 to 33 of Schedule 4 and section 23(1) so far as relating to those paragraphs.
The other provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Counter-Terrorism and Border Security Act 2019.
Section 12
This is the Schedule to be inserted as Schedule 3A to the Counter-Terrorism Act 2008—
Section 19
The Police and Criminal Evidence Act 1984 is amended as follows.
This paragraph applies where a detainee is detained in England, Wales or Northern Ireland. Fingerprints may be taken from the detainee only if they are taken by a constable— A non-intimate sample may be taken from the detainee only if it is taken by a constable— Fingerprints or a non-intimate sample may be taken from the detainee without the appropriate consent only if— An officer may give an authorisation under sub-paragraph (4)(a) only if— Condition 1 is met if the officer is satisfied that it is necessary for the fingerprints or sample to be taken in order to assist in determining whether the detainee is or has been engaged in hostile activity. Condition 2 is met if— In this paragraph references to ascertaining a person's identity include references to showing that the person is not a particular person. If an authorisation under sub-paragraph (4)(a) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.
Section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence) is amended as follows. In subsection (3), for “or (5)” substitute “ , (5) or (5A) ”. In subsection (5)(a), after “qualifying offence” insert “ , other than a terrorism-related qualifying offence, ”. After subsection (5) insert— “terrorism-related qualifying offence” means—
Before fingerprints or a sample are taken from a person under paragraph 34, the person must be informed— Before fingerprints or a sample are taken from a detainee upon an authorisation given under paragraph 34(4)(a), the detainee must be informed— After fingerprints or a sample are taken under paragraph 34, any of the following which apply must be recorded as soon as reasonably practicable— Where a sample of hair is to be taken under paragraph 34, 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.
Section 63M (retention of section 63D material for purposes of national security) is amended as follows. In subsection (1), for “the responsible” substitute “ a ”. In subsection (2), for “the responsible” substitute “ a ”. In subsection (3)(b), for “2 years” substitute “ 5 years ”.
In the application of paragraphs 26, 34 and 35 in relation to a person detained in England or Wales, the following expressions have the meaning given by section 65 of the Police and Criminal Evidence Act 1984— In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 43 of this Schedule. In the application of paragraphs 26, 34 and 35 in relation to a person detained in Northern Ireland, the expressions listed in sub-paragraph (1) have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). In paragraph 34 “recordable offence” has—
After section 63P insert—
“amend” includes repeal or revoke;
Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under section 41 of, or Schedule 7 to, that Act) is amended as follows.
This paragraph applies to— Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 43 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful. In any other case, paragraph 43 material must be destroyed unless it is retained under a power conferred by paragraph 44, 46 or 47. Paragraph 43 material which ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other power which applies to it. Nothing in this paragraph prevents a relevant search, in relation to paragraph 43 material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. For the purposes of sub-paragraph (5), “a relevant search” is a search carried out for the purpose of checking the material against—
An examining officer may if necessary use reasonable force for the purpose of exercising a power conferred on the officer by virtue of this Schedule. Sub-paragraph (1) does not apply in relation to the powers conferred by paragraphs 1 or 2.
Paragraph 20E is amended as follows. In sub-paragraph (1), for “the responsible” substitute “ a ”. In sub-paragraph (2), for “the responsible” substitute “ a ”. In sub-paragraph (3)(b), for “2 years” substitute “ 5 years ”. After sub-paragraph (3) insert—
Paragraph 43 material may be retained indefinitely in the case of a detainee who— In sub-paragraph (1)— In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4). The retention period is—
After paragraph 20E insert—
For the purposes of paragraph 44, a person is to be treated as having been convicted of an offence if— Paragraph 44 and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974. But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 or 101A of the Protection of Freedoms Act 2012. For the purposes of paragraph 44— In sub-paragraph (4) “qualifying offence” has— For the purposes of sub-paragraph (4)— For the purposes of paragraph 44 and this paragraph— If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 44 whether the person has been convicted of only one offence. Nothing in paragraph 44 prevents the start of a new retention period in relation to paragraph 43 material if a person is detained again under Part 1 of this Schedule when an existing retention period (whether or not extended) is still in force in relation to that material.
Paragraph 43 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it. A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 43 material to be retained for the purposes of national security. A national security determination— In this paragraph “chief officer of police” means—
This paragraph applies where paragraph 43 material is or includes a person’s fingerprints (“the original fingerprints”). A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met. Condition 1 is met if the further fingerprints— Condition 2 is met if— Where a determination under this paragraph is made in respect of the further fingerprints— Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment. A written record must be made of a determination under this paragraph.
If fingerprints or relevant physical data are required by paragraph 43 to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed. If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the person to whom the DNA profile relates.
This paragraph applies to— Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful. Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies. A DNA sample to which this paragraph applies must be destroyed— Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. In this paragraph “a relevant search” has the meaning given by paragraph 43(6).
Any material to which paragraph 43 or 49 applies must not be used other than— Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 43(6)) may be carried out in relation to material to which paragraph 43 or 49 applies if the responsible chief officer of police considers the search to be desirable. Material which is required by paragraph 43 or 49 to be destroyed must not at any time after it is required to be destroyed be used— In this paragraph— Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland.
In paragraphs 43 to 50—
in which the material concerned was taken, or
“paragraph 43 material” has the meaning given by paragraph 43(2);
an Act of Parliament,
Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples) is amended as follows.
An examining officer may question a person for the purpose of determining whether the person appears to be a person who is, or has been, engaged in hostile activity if condition 1 or condition 2 is met. Condition 1 is met if— Condition 2 is met if the person is on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). An examining officer may exercise the powers under this paragraph whether or not there are grounds for suspecting that a person is or has been engaged in hostile activity. A person is or has been engaged in hostile activity for the purposes of this Schedule if the person is or has been concerned in the commission, preparation or instigation of a hostile act that is or may be— An act is a “hostile act” if it— For the purposes of this paragraph—
In section 139 of the Coroners and Justice Act 2009 (which inserted certain terrorism offences into Schedules 1 and 2 to the Criminal Justice (Northern Ireland) Order 2008), omit subsections (5) to (8).
Paragraph 11 is amended as follows. In sub-paragraph (1), for “the responsible” substitute “ a ”. In sub-paragraph (2), for “the responsible” substitute “ a ”. in sub-paragraph (3)(b), for “2 years” substitute “ 5 years ”. After sub-paragraph (3) insert—
An examining officer may question a person who is in the border area for the purpose of determining whether the person's presence in the area is connected with the person's entry into, or departure from, Northern Ireland.
After paragraph 11 insert—
A person (“P”) questioned under paragraph 1 or 2 must—
give the examining officer any information in P's possession that the officer requests;
give the examining officer on request either a valid passport which includes a photograph or another document which establishes P's identity;
declare whether any documents of a kind specified by the examining officer are in P's possession;
give the examining officer on request any such document.
For the purposes of exercising a power under paragraph 1 or 2 an examining officer may— For the purpose of detaining a person under this paragraph, an examining officer may authorise the person's removal from a ship, aircraft or vehicle. Where a person is detained under this paragraph the provisions of Parts 2 and 3 of this Schedule (detention and review of detention) apply. The power conferred by sub-paragraph (1)(a) to stop a vehicle does not include a power to stop an aircraft that is airborne.
This paragraph applies where a person is questioned under paragraph 1 or 2. At the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 4. If the person is detained under paragraph 4, the person must be released not later than the end of the 6 hour period (unless detained under another power). In this paragraph— “the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 1 or 2; “the 6 hour period” is the period of 6 hours beginning with that time. If a person detained under paragraph 4 is removed to hospital because the person needs medical treatment—
An answer or information given orally by a person in response to a question asked under paragraph 1 or 2 may not be used in evidence in criminal proceedings. Sub-paragraph (1) does not apply— A statement may not be used by virtue of sub-paragraph (2)(c) unless— by or on behalf of the person in the proceedings arising out of the prosecution. In sub-paragraph (2)(b) the reference to a prosecution for perjury is—
Section 22
This paragraph applies to any article which— An examining officer may retain the article—
The powers conferred by this Part of this Schedule are exercisable in spite of the rights conferred by section 1 of the Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).
In section 8A of the Legal Aid (Scotland) Act 1986 (criminal advice and assistance: automatic availability in certain circumstances), in subsection (2) at the end insert—
The Criminal Procedure (Scotland) Act 1995 is amended as follows. In section 18G (retention of samples etc: national security), in subsection (1)— In section 19C (sections 18 and 19 to 19AA: use of samples etc), in subsection (1)—
In section 104 of the Postal Services Act 2000 (inviolability of mails), in subsection (3)—
omit “or” at the end of paragraph (d);
at the end of paragraph (e) insert , or
In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 5, after sub-paragraph (d) insert—.
In regulation 4(2) of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (exceptions from requirement to make a determination in respect of an individual’s financial resources), after sub-paragraph (a) insert—. Nothing in sub-paragraph (1) affects any power under the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend any provision of the regulations amended by that sub-paragraph.
This paragraph applies in relation to an article retained by virtue of paragraph 11(2)(d) or (e), other than an article in respect of which an authorisation is granted under paragraph 14. The Investigatory Powers Commissioner (“the Commissioner”) must be informed of the article's retention as soon as is reasonably practicable. Sub-paragraph (4) applies where it appears to the Commissioner that there are reasonable grounds to believe— The Commissioner may— The Commissioner may authorise the retention and use of an article under sub-paragraph (4)(b) that consists of or includes confidential material only if satisfied that— If the Commissioner does not proceed under sub-paragraph (4) in relation to an article, the Commissioner must (subject to sub-paragraph (7)) direct that the article is returned to the person from whom it was taken. Sub-paragraph (6) does not apply if the article is further retained under a power conferred by paragraph 11(2)(b) or (c). In authorising the retention and use of an article under this paragraph the Commissioner may impose whatever conditions the Commissioner thinks appropriate in relation to its retention and use. For the purposes of sub-paragraph (5)(b), the use of material is necessary for a relevant purpose if it is necessary— In this paragraph “confidential material” means— “Protected material”—
Before proceeding under paragraph 12 in relation to an article, the Commissioner— Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, exercises a function under paragraph 12 in relation to an article, an affected party may ask the Investigatory Powers Commissioner to decide whether to approve the way in which the function was exercised. Each of the following is an “affected party” for the purposes of this paragraph— In sub-paragraph (3) “responsible chief officer” means— Sub-paragraph (6) applies where — The Commissioner must inform the person from whom the article was taken that— A requirement under this paragraph to invite representations from, or to provide information to, the person from whom an article was taken applies only so far as it is reasonably practicable to do so. Representations under sub-paragraph (1) must be made in writing.
This paragraph applies where— The urgency condition is met in relation to an article if— The examining officer may apply to a senior officer for authorisation to continue to retain and use the article. An application under sub-paragraph (3) in relation to an article may be made only to a senior officer who has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken. A senior officer may grant an authorisation under this paragraph for the retention and use of the article if satisfied— An authorisation under this paragraph— Paragraphs 15 and 16 contain further provision about authorisations granted under this paragraph. In this paragraph—
If a senior officer grants an authorisation under paragraph 14, the examining officer who applied for the authorisation must inform the Investigatory Powers Commissioner and each affected party of its grant. The information required under sub-paragraph (1) must be given as soon as reasonably practicable and in any event within 24 hours after the grant of the authorisation. An affected party may make representations to the Commissioner about how the Commissioner should proceed under paragraph 16 in respect of an authorisation granted under paragraph 14. Representations under sub-paragraph (3) must be made in writing no later than the end of two working days beginning with the first working day after the day on which the authorisation is granted. The information provided under sub-paragraph (1) must include an explanation of the right to make representations in writing and the time by which they must be made. The Commissioner must have regard to any representations received before the end of the time mentioned in sub-paragraph (4) in determining how to proceed under paragraph 16. The requirement under this paragraph to provide information to the person from whom an article was taken applies only so far as it is reasonably practicable to do so. In this paragraph and paragraph 16—
This paragraph applies after the Investigatory Powers Commissioner has considered any representations made about an authorisation in accordance with paragraph 15. The Commissioner must— A decision under sub-paragraph (2) must be made— If the decision under sub-paragraph (2) is to approve the grant of the authorisation, the retention and use of the article may continue in accordance with the conditions on which the authorisation was granted (subject to any further conditions or variation of the existing conditions that the Commissioner specifies). If the decision under sub-paragraph (2) is to cancel the authorisation, any further use of the article must stop as soon as possible. If the Commissioner cancels the authorisation the Commissioner may direct that the article— and the Commissioner may further direct that all reasonable steps are taken to secure that any information derived from the article is destroyed. Sub-paragraphs (5) and (6) do not apply if the article is further retained under a power conferred by paragraph 11(2)(b) or (c). The Commissioner must inform each affected party of the Commissioner's decision under sub-paragraph (2). The requirement under this paragraph to provide information to the person from whom the article was taken applies only so far as it is reasonably practicable to do so. Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, exercises a function under this paragraph in relation to an article, an affected party may ask the Investigatory Powers Commissioner to decide whether to approve the way in which the function was exercised. Nothing in this paragraph affects the lawfulness of—
Northern Ireland legislation.
A detainee may be detained at a place designated under paragraph 1(1) of Schedule 8 to the Terrorism Act 2000 as a place where persons may be detained under Schedule 7 to that Act. A detainee may be taken in the custody of an examining officer or of a person acting under an examining officer's authority to and from any place where the detainee's attendance is required for the purpose of— Where a detainee is arrested in one part of the United Kingdom and all or part of the detainee's detention takes place in another part, the provisions of this Part of this Schedule which apply to detention in a particular part of the United Kingdom apply in relation to the detainee while detained in that part. In this Part of this Schedule—
A detainee is to be deemed to be in legal custody throughout the period of the detainee's detention.
Subject to the following modification, section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) applies to a detainee detained at a police station in Scotland under Part 1 of this Schedule as it applies to a person arrested. The modification is that section 18 applies as if—
A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply— The review officer must inform the detainee whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 1 or 2. Sub-paragraph (2) does not apply where the detainee is—
Information acquired by an examining officer may be supplied— Information acquired by a customs officer or an immigration officer may be supplied to an examining officer. A person may be specified in regulations under this paragraph only if the person exercises public functions (whether or not in the United Kingdom). Regulations under this paragraph must be made by statutory instrument. A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
The Armed Forces Act 2006 is amended as follows. In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)— In section 221A (extended sentence for certain violent or sexual offenders aged under 18)—
In the Parliamentary Commissioner Act 1967, in section 5 (matters subject to investigation), in subsection (1B)(b) for “or violent” substitute “, violent or terrorism”.
In the Police and Criminal Evidence Act 1984, in section 38 (duties of custody officer after charge), in subsection (6A)—
after the definition of “sexual offence” insert—;
in the closing words, for “or sexual” substitute “, sexual or terrorism”.
In the Licensing Act 2003, in Schedule 4 (personal licence: relevant offences), after paragraph 19A insert—
in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and
A detainee who is detained at a place in Scotland is entitled to have intimation of the detention and of the place sent without delay to a solicitor and to another person named by the detainee. The person named must be— A detainee who is transferred from one place to another is entitled to exercise the right under sub-paragraph (1) in respect of the place to which the detainee is transferred. A police officer not below the rank of superintendent may authorise a delay in making intimation where, in the officer's view, the delay is necessary on one of the grounds mentioned in paragraph 39(4) or where paragraph 39(5) applies. Where a detainee requests that the intimation be made, the time when the request— must be recorded. A person detained as mentioned in sub-paragraph (1) is entitled to consult a solicitor at any time, without delay. A police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in the officer's view, the delay is necessary on one of the grounds mentioned in paragraph 39(4) or where paragraph 39(5) applies. The consultation must be held in private. A detainee must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.
This paragraph applies where a detainee in Scotland requests to consult a solicitor. The examining officer may not question the detainee under paragraph 1 or 2 until the person has consulted a solicitor (or no longer wishes to do so). Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters. The powers given by paragraph 8 (search powers where a person is questioned under paragraph 1) may be used when questioning is postponed because of sub-paragraph (2). The detainee is entitled to consult a solicitor in person. Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters. In that case the examining officer may require any consultation to take place in another way. In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 1 or 2.
Sub-paragraph (2) applies where a detainee exercises the right under paragraph 37(6) to consult a solicitor. A police officer not below the rank of superintendent may, if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (4), direct that the right— A direction under this paragraph may be given before or after a detainee's consultation with a solicitor has started (and if given after it has started the right to further consult that solicitor ceases on the giving of the direction). The grounds mentioned in paragraph 37(4) and (7) and in sub-paragraph (2) are— This sub-paragraph applies where an officer mentioned in paragraph 37(4) or (7) has reasonable grounds for believing that— For the purposes of sub-paragraph (5) the question whether a person has benefited from the person's criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002. Where delay is authorised in the exercising of any of the rights mentioned in paragraph 37(1) and (6)—
that it will further the operation of Part 2 or 3 of the Proceeds of Crime Act 2002 or the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) (confiscation of the proceeds of an offence);
that it will further the gathering of information about the commission, preparation or instigation of acts carried out in connection with a person's engagement in hostile activity.
Paragraphs 37 to 39 have effect in relation to a detainee in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person. But where the detainee appears to a constable to be a child— In relation to a detainee who is detained at a place other than a police station, sub-paragraph (2) applies as if references to a constable included an examining officer. For the purposes of sub-paragraph (2)—
Subject to sub-paragraph (2), where a detainee is permitted to consult a solicitor, the solicitor is to be allowed to be present at any interview carried out in connection with an investigation carried out for the purposes of Part 1 of this Schedule. A police officer not below the rank of Assistant Chief Constable may direct that the solicitor is not to be allowed to be present at an interview (or part of an interview) if the officer is satisfied that the solicitor's behaviour during the interview would interfere with, or obstruct, the conduct of the interview.
Before determining whether to authorise a detainee’s continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention— Representations may be oral or written. A review officer may refuse to hear oral representations from the detainee if the officer considers that the detainee is unfit to make representations because of the detainee’s condition or behaviour.
Section 55 of the Justice Act (Northern Ireland) 2015 (violent offences prevention orders) is amended as follows. In subsection (3), at the end insert “or a relevant terrorism offence”. After subsection (3) insert— In subsection (4), for “that Part” substitute “Part 1 of Schedule 2 to the 2008 Order”.
In section 29 of the Criminal Procedure and Investigations Act 1996 (power to order preparatory hearing), in subsection (6)(e), after “purposes of terrorism” insert “, eliciting information about armed forces etc, entering or remaining in a designated area”.
In the Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulations 2009— Nothing in sub-paragraph (1) affects the power in section 52 of the Counter-Terrorism Act 2008 to revoke or amend any provision of the regulations amended by that sub-paragraph.
The Secretary of State must issue codes of practice about— An examining officer must perform the functions conferred by virtue of this Schedule in accordance with any relevant code of practice in operation under sub-paragraph (1)(b). A code of the kind mentioned in sub-paragraph (1)(c)— A code of the kind mentioned in sub-paragraph (1)(d) must include provision about training to be undertaken by persons who are to act as review officers. The failure of an examining officer to observe a provision of a code does not of itself make the officer liable to criminal or civil proceedings. A code— The Secretary of State may revise a code and issue the revised code.
Before issuing a code under paragraph 56 the Secretary of State must— The Secretary of State must lay a draft of the code before Parliament. After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations. Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code. Regulations under sub-paragraph (3) must be made by statutory instrument. A statutory instrument containing regulations under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
The Investigatory Powers Commissioner (“the Commissioner”) must— The Commissioner may, at any time, make any such report to the Secretary of State, on any matter relating to the function of the Commissioner under sub-paragraph (1)(a), as the Commissioner considers appropriate. On receiving a report under this paragraph the Secretary of State must— The Secretary of State may, after consultation with the Commissioner, exclude from publication any part of a report received under this paragraph if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to— Section 229(6) and (7) of the Investigatory Powers Act 2016 (duty not to act contrary to public interest etc) apply to the exercise of functions under this paragraph as they apply to the exercise of functions under that Act. In section 231 of the Investigatory Powers Act 2016 (error reporting), the reference in subsection (9)(a) to any other enactment does not include this Schedule. The duty in section 234(1) of the Investigatory Powers Act 2016 (annual and other reports) to make a report about the carrying out of functions does not apply in relation to the functions of the Commissioner under this Schedule. In this paragraph “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
At the end of Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) insert— Nothing in sub-paragraph (1) affects the power in section 11 of the Channel Tunnel Act 1987 to revoke or amend any provision of the Order amended by that sub-paragraph.
This paragraph applies for the purposes of this Schedule. References to engagement in hostile activity are to be read in accordance with paragraph 1(5); and references to a “hostile act” are to be read in accordance with paragraph 1(6). “Examining officer” means— The following terms have the meaning given— A place is to be treated as a port in relation to a person if an examining officer believes the person— A place is within the “border area” if it is in Northern Ireland and— References to crime include references to any conduct which— References to an enactment include references to— References to serious crime are to be read in accordance with paragraph 1(7)(d). References to a part of the United Kingdom are references to—
Section 23
In the Criminal Justice (Northern Ireland) Order 2008, in Schedule 2 (specified offences for the purposes of certain sentencing provisions in Chapter 3, relating to dangerous offenders), in Part 1, omit the following paragraphs (which mention terrorism offences that appear in the new Part 3, to be inserted by section 11)—
paragraph 27A;
paragraph 28A;
paragraph 31A.