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Terrorism (Minor Modifications) Act
On a meta note, I do apologise for the formatting. Reddit syntax is horrendous.
A
BILL
TO
Make minor modifications to the Terrorism Acts 2000 and 2006, in line with Coalition Government pledges, and to add accountability to the judiciary with regards to the trial of terrorism suspects.
BE IT ENACTED by The Queen’s most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—
Part I
Definitions
The definitions used in the Terrorism Acts 2000 and 2006 will be carried over.
Sensitive materials regard materials that cannot be shown to the public, as they interfere with the function of the judiciary, police, Ministry of Justice, the Home Department or Her Majesties Armed Forces and their Allies.
Part II
Proscriptions and deproscriptions
1. Proscriptions
In addition to the Terrorism Acts 2000 and 2006, Members of Parliament may table a motion to proscribe an organisation as a terrorist organisation into the Proscribed Organisation list.
a. This will need to be ratified by—
- the Secretary of State for the Home Department,
- and/or the Secretary of State for Justice,
- and the Supreme Court of the United Kingdom.
Any additions to the Proscribed Organisation list will be reviewed by the Justice Select Committee.
The Supreme Court of the United Kingdom has the ability to rule down proscriptions.
2. Deproscriptions
An application may be made to the Secretary of State for the Home Department for an order—
a. removing an organisation from the Proscription Schedule, or
b. providing for a name to cease to be treated as a name for an organisation listed in that Schedule.
An application may be made by—
a. the organisation,
b. any person affected by the organisation’s proscription,
c. or by the treatment of the name as a name for the organisation, as can be reasonably determined.
The regulations used for this will be continued.
The Justice Select Committee of the House of Commons will review any changes to the list.
In addition, there will be a review conducted of all organisations on the list.
a. The means provided for this will be determined by the Secretary of State for the Home Department.
Part III
Changes to detentions and offences
All detentions without trial on the grounds of terrorist-related activity will be reviewed by an independent review committee, which will be established by the Secretary of State.
The maximum detention without charge will fall to 7 days, unless—
a. It is a very important matter of national security or can be construed as being of great significance to public safety;
- The maximum detention can be extended to 28 days in this instance.
b. With regards to 2(a) and 2(a)(1), the Secretary of State for the Home Department must debrief the Justice Select Committee at the earliest period whereby it would not jeopardise a criminal investigation or national interests.
c. The time, [n] days, can be changed in special circumstances, to a specified time not exceeding 45 days, only at the behest of the Secretary of State for the Home Department and the Justice Select Committee Panel, with expressed support via writ or other means of communication - physical or digital - which can be reasonably construed as a communication from the independent review committee. 1. The maximum, or near to maximum length, as can reasonably be construed, must be used as sparingly as possible.
All suspects must be given the right to petition what they perceive as unfair treatment in an open court of law.
All cases that do not involve sensitive materials must undergo open trial.
When possible and reasonable, sensitive materials and sensitive-material-regarding trials should be declassified to the public.
It is a criminal offence to willingly supply finance or goods to a terrorist organisation, or to willingly facilitate such a movement.
a. This replaces previous definitions.
The maximum imprisonment for (6) is 15 years.
‘Terrorist publications’ have to openly and extremely glorify/support, to what can be described as a serious extent:
a. Serious crime
b. Hatred
c. Views that can be construed as extreme in a belligerent manner, with a militant objective.
‘Dissemination of terrorist publications’ is no longer enough to provide a conviction—there must be a clear willingness to engage in terrorism or terrorist sympathising occupation, or egregious distribution of offending material defined in (8).
This bill shall come into force immediately
This bill may be cited as the Terrorism (Minor Modifications) Act 2016
This bill affects the whole of the UK.
Submitted by the Rt Hon. Lord Ely PL PC, Secretary of State for Justice, on behalf of the Sixth Government.
The discussion period for this bill will end on February 3rd.
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