B537 - Terrorism (Amendment) Bill 2017

A BILL TO

Implement the recommendations of the Anderson Review (2015) in regards to the Terrorism Act 2000.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Definitions

1. The phrase “TA 2000” refers to the Terrorism Act 2000.

Section 2: Amendments

1. The phrase “designed to influence the government or an international organisation” in TA 2000 §1(1)(b) section 1(1)(b) of the TA 2000 will be replaced by the phrase “designed to compel, coerce or undermine the government or an international organisation premeditated, politically motivated violence perpetrated against civilian targets by sub national groups or clandestine agents”.

2. After Schedule 8, paragraph 32, (1) in TA 2000 insert the following four clauses:

a. “the person to whom the application relates was lawfully arrested.”

b. “the person was told with sufficient clarity the offences he was suspected of committing and the reasons for the suspicions leading to his arrest.”

i. "Unless it could prejudice a trial in an open court of law due to the dissemination of secret information."

c. “there is a real prospect of evidence emerging during the period for which further detention is sought.”

d. “the continued detention is proportionate in all the circumstances.”

(2) In paragraph 32(1) of Schedule 8 to the TA 2000, omit "and" at the end of sub-paragraph (1)(b) and insert after that sub-paragraph:

• (c) the person to whom the application relates was lawfully arrested,
• (d) except where doing so would prejudice a trial in open court by as a result of the dissemination of secret information, the person to whom the application relates was clearly informed of the offences the person is suspected to have committed and the reasons for the suspicions leading to the person's arrest,
• (e) there is a real prospect of evidence emerging during the period for which further detention is sought, and
• (f) the continued detention is proportionate in the circumstances.

(3) After section 41, (5) in substitute "41(5) of the TA 2000 insert the following clause:

a. “Where a person is arrested under this section, grant police bail where it is safe to do so to persons arrested”

(4) After Schedule 7, paragraph 18, in paragraph 18 of Schedule 7 to the TA 2000 insert the following paragraph:

a. “There will be a statutory bar to the introduction of Schedule 7 admissions in a subsequent criminal trial 19. No electronic data obtained by an examining officer under paragraphs 2 to 5 (power to stop, question and detain) or 7 to 8 (searches) may be admitted as evidence in a criminal trial unless it is obtained in accordance with a code of practice issued under section 39 (codes of practice) or 39A (codes of practice for chief officers) of the Police Act 1996 (whether or not the examining officer would otherwise be subject to the provisions of such codes of practice).”

Section 3: Repeals

1. TA 2000 §1(3) will be repealed Section 1(3) of the TA 2000 is repealed.

Section 4: Extent, Commencement and Short Title

1. This Act shall extend across extends to the whole of the United Kingdom.

2. This Act shall come comes into force 28 days after its passage after Royal Assent.

3. This Act may be cited as Terrorism Act (Amendment) Act 2017.

This bill was written and submitted by the 16th Opposition.

This division ends on 15th December.

Division! Clear the bar.