Terrorism Bill

With this it will be convenient to discuss the following: Amendment No. 9, in page 22, line 3, after ‘to’, insert ‘a’. Amendment No. 10, in page 22, line 7, leave out ‘special’ and insert ‘any’. Amendment No. 92, in page 22, line 10, at end insert 'In sub-paragraph (4) of paragraph 29, at the beginning insert "subject to sub-paragraph (3AB) of paragraph 36.".'. 2 Nov 2005 : Column 892 Amendment No. 29, in page 22, line 10, at end insert— '(4A) In subparagraphs (1) and (5) of paragraph 36 (period for which warrants may be extended) for the words "judicial authority" substitute "High Court Judge.".'. Amendment No. 28, in page 22, line 19, leave out 'three months' and insert '28 days'. Amendment No. 30, in page 22, line 28, leave out 'judicial authority' and insert 'High Court Judge'. Amendment No. 31, in page 22, line 33, leave out 'judicial authority' and insert 'High Court Judge'. Amendment No. 11, in page 22, line 33, leave out 'special' and insert 'any'. Amendment No. 93, in page 22, line 36, at end insert— '(3AB) where the new specified period will end more than 14 days after the relevant time (a) judicial authority means— (i) in England and Wales, a judge of the High Court (ii) in Scotland, a judge of the Court of Session (iii) in Northern Ireland, a judge of the High Court of Northern Ireland. (b) the specified period may only be extended— (i) pending the result of an examination or analysis which is to be or is being carried out with a view to obtaining relevant evidence (ii) for the purpose of decryption of electronic data with a view to obtaining relevant evidence (iii) for the purpose of obtaining relevant evidence from outside the United Kingdom or from records within the United Kingdom which can not reasonably be obtained without such an extension of the specified period. (c) the specified period may only be extended if the judicial authority is satisfied that there is no reasonable possibility of the detainee being charged immediately with another offence relating to the terrorism or a terrorist act. (d) the judicial authority must approve the nature of any further questioning of the detainee during the new specified period.'. Amendment No. 32, in page 22, line 45, after 'authority', insert 'or High Court Judge'. Amendment No. 16, in page 23, line 11, at end add— '(8) The judicial authority for the extension of any period of detention under Schedule 8 to the Terrorism Act 2000 shall be a senior circuit judge. (9) An appeal shall lie from any decision of the judicial authority to a judge of the High Court.'. Amendment No. 12, in clause 24, page 23, line 19, at end insert— '(1A) In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which a review officer may authorise continued detention), at end of paragraph (a) add "but after the expiry of a period of fourteen days detention no further detention shall be authorised solely to obtain evidence by questioning.".'. Amendment No. 13, in clause 24, page 23, line 28, at end insert 'but after the expiry of a period of fourteen days detention, no further detention shall be authorised solely to obtain evidence by questioning.'. 2 Nov 2005 : Column 893 Amendment No. 17, in clause 24, page 23, line 40, at end add— '(6) The Secretary of State shall, prior to the coming into force of sections 23 and 24, carry out a review of Code C of the Police and Criminal Evidence Act and produce a separate code to cover all detention under the Terrorism Act 2000 lasting for longer than seven days. (7) Such code shall include provision to allow for the questioning of a terrorist suspect after charge, subject to leave being obtained from the judicial authority, and any such questioning shall be treated for all evidential purposes as if it had taken place prior to charge.'. New clause 1—Extension of period of detention by judicial authority: duration— '(1) The provisions of section 23 of this Act shall remain in force until one year after their commencement and shall then expire unless continued in force by an order under subsection (2) below. (2) The Secretary of State may by order made by statutory instrument provide— (a) that all or any of those provisions which are in force shall continue in force for a period not exceeding twelve months from the coming into operation of the order; or (b) that all or any of those provisions which are for the time being in force shall cease to be in force. (3) No order shall be made under subsection (2) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'. New clause 3—Disapplication of Human Rights Act 1998— 'Sections 23 and 24 of this Act shall take effect notwithstanding the Human Rights Act 1998 (c. 42).'. New clause 4—Definition of 'judicial authority'— 'For the purposes of sections 23 and 24 of this Act, "judicial authority" shall mean, in England, Wales and Northern Ireland, a person designated by the Lord Chancellor only where he is satisfied that the judge or magistrate in question has appropriate experience of determining terrorist cases and shall include judges of the Crown Court and High Court.'. New clause 5—Detention under the Terrorism Acts— '(1) Where under the Terrorism Act 2000, an Act amending that Act, or this Act, a person is in police detention or is otherwise detained, he shall have the right to apply for a writ of habeas corpus, or other prerogative remedy and to a fair trial in accordance with due process and the rule of law. (2) Subsection (1) shall have effect notwithstanding the Human Rights Act 1998 (c. 42).'.