Moved by
Lord Marks of Henley-on-Thames
1: Clause 1, page 1, line 8, at end insert—
“(aa) after subsection (1) insert—
“(1A) The court may not assume that an offence has a terrorist connection for the purpose of this section unless—
(a) the defendant has admitted in person and in open court that the offence has such a terrorist connection, or
(b) where the defendant does not make such an admission, the court is satisfied beyond reasonable doubt upon a trial of the issue that the offence has a terrorist connection.
(1B) A trial held pursuant to subsection (1A)(b) above must be determined by a jury unless the court determines that the interests of justice would be better served by a trial by a judge alone upon evidence admissible in a criminal court.””
Member’s explanatory statement
This amendment would require a trial of the issue as to whether or not there is a terrorist connection in relation to an aggravated offence.