Part 2 — Consequential amendments
Orders of the Day
Prosecution of Offences Act 1985
2 (1) Section 1(6) and (7) of the Prosecution of Offences Act 1985 (c. 23) have effect in relation to the making of an application under Part 4 of Schedule 8 to the Terrorism Act 2000 (c. 11) (a "Part 4 application") subject to the following provisions.
(2) Section 1(6) (Crown Prosecutor to have powers of Director as to the institution and conduct of proceedings) does not authorise the making of a Part 4 application by a Crown Prosecutor without the consent of the Director.
(3) Section 1(7) (power of Crown Prosecutor to give consent etc in place of Director) applies only to a Crown Prosecutor authorised by the Director in person to give consent for the purposes of Part 4 applications.
Terrorism Act 2000
3 In section 41(6), (7) and (8) of the Terrorism Act 2000 (c. 11) for "or 36" substitute ", 36 or 39".
4 In paragraph 29(3) of Schedule 8 to that Act for "paragraph 36" substitute "paragraphs 36 and 39".
5 For paragraph 36 of that Schedule (extension of warrants) substitute—
"Extension of specified period
36 (1) Each of the following—
(a) in England and Wales, a Crown Prosecutor,
(b) in Scotland, the Lord Advocate or a procurator fiscal,
(c) in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,
(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,
may apply under this paragraph for the extension of the period specified in a warrant of further detention.
(2) An application under this paragraph may be made to a judicial authority if—
(a) the grant of the application (otherwise than in accordance with sub-paragraph (4)(b)) would extend that period to a time that is no more than 14 days after the relevant time, and
(b) no application has previously been made to a senior judge in respect of that period.
In any other case an application under this paragraph must be made to a senior judge.
(3) Subject to sub-paragraph (4), the period by which the specified period is extended on an application under this paragraph shall be the period—
(a) beginning with—
(i) in the case of a warrant specifying a period that has not previously been extended, the end of the period specified in the warrant, and
(ii) in any other case, the end of the period for which the period specified in the warrant was last extended; and
(b) ending with the earlier of—
(i) the end of the period of 7 days beginning with that time, or
(ii) the end of the period of 28 days beginning with the relevant time.
(4) A judicial authority or senior judge may extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—
(a) the application for the extension is an application for an extension by a period that is shorter than is so required, or
(b) the judicial authority or senior judge is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.
(5) Where the specified period is extended, the warrant must be endorsed with a note stating the new specified period.
Extension of specified period: supplementary provisions
36A (1) Paragraphs 30(3) and 31 to 34 apply to an application under paragraph 36 as they apply to an application for a warrant of further detention.
(2) In relation to an application made to a senior judge they apply—
(a) as if references to a judicial authority were to a senior judge, and
(b) as if references to the judicial authority in question were to the senior judge in question.
(3) A judicial authority or senior judge may adjourn the hearing of an application under paragraph 36 only if the hearing is adjourned to a date before the end of the period specified in the warrant.
This does not apply to an adjournment under paragraph 33(2).
(4) In paragraph 36 "the relevant time", in relation to a person, means—
(a) the time of that person's arrest under section 41, or
(b) if that person was being detained under Schedule 7 at the time of that person's arrest under section 41, the time when that person's examination under that Schedule began.
(5) In this Part of this Schedule "senior judge" means—
(a) in England and Wales—
(i) a judge of the High Court, or
(ii) a circuit judge designated for the purposes of paragraph 36 by the Lord Chief Justice of England and Wales;
(b) in Scotland—
(i) a judge of the High Court of Justiciary, or
(ii) the sheriff;
(c) in Northern Ireland—
(i) a judge of the High Court, or
(ii) a county court judge designated for the purposes of paragraph 36 by the Lord Chief Justice of Northern Ireland.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5)(a).
(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5)(c)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).".
Terrorism Act 2006
6 (1) Section 25 of the Terrorism Act 2006 (c. 11) (expiry or renewal of extended maximum detention period) is amended as follows.
(2) In the heading for "extended" substitute "28 day".
(3) In subsection (3)(b) for "paragraph 37" substitute "paragraphs 36A and 37".
(4) For subsection (4) substitute—
"(4) The further consequential modifications are—
(a) the substitution for paragraph 36(2) of—
"(2) The person to whom an application under this paragraph may be made is a judicial authority.";
(b) the omission of the words "or senior judge" wherever occurring in paragraphs 36(4), 36A(3) and 37(2); and
(c) the omission of paragraph 36A(2) and (5) to (7).".'.— [Mr. McNulty.]
Brought up, and read the First time.
Question put, That the schedule be added to the Bill:—
The House divided: Ayes 315, Noes 294.
Iain Duncan Smith (Chingford and Woodford Green, Conservative)
On a point of order, Mr. Speaker. We understand that internal agreement of extra expenditure in Northern Ireland of some £1.2 billion has been announced today, so I wonder whether you, Mr. Speaker, have had notice of any emergency Budget statement concerning Northern Ireland?
Douglas Hogg (Sleaford and North Hykeham, Conservative)
Liam Fox (Shadow Secretary of State for Defence, Defence; Woodspring, Conservative)
On a different point of order, Mr. Speaker. Reports are appearing in the media that there may have been a major security breach, with a top-level intelligence report on al-Qaeda having been left on a train. Will it be possible for a Minister to make a statement to the House as soon as possible on what might be a very serious issue?