Clause 23
Counter-Terrorism Bill
9:00 am
John Bercow (Buckingham, Conservative)
With this it will be convenient to discuss the following amendments: No. 125, in page 16, line 21, leave out subsection (2) and insert—
‘(2A) Subject to subsections (2B) to (2E) a constable may question a person about a related terrorism offence where the person has already been charged with, or been officially informed that they may be prosecuted for, a terrorism offence.
(2B) A police officer of at least the rank of superintendent may make an application to a judge of the High Court for permission to allow a constable to question a person under subsection (2), if the police officer reasonably believes that the person may be charged with a related terrorism offence.
(2C) A judge may grant permission for further questioning under subsection (2) only if satisfied by evidence that:
(a) there are reasonable grounds for believing that the original charge was appropriate to bring; and
(b) it is in the interests of justice to allow further questioning in the circumstances.
(2D) Where a judge grants permission for further questioning under subsection (2C) he shall make such directions as he considers appropriate with regard to:
(a) the maximum permitted period for further questioning;
(b) the total length of time over which further questioning is permitted; or
(c) any other directions as required in the interests of justice.
(2E) A related terrorism offence means a terrorism offence arising in whole or in part from the same set of facts as the offence with which the person has already been charged, or officially informed that they may be prosecuted.’.
No. 91, in page 16, line 26, after ‘a’, insert ‘related’.
No. 17, in page 16, line 32, at end insert—
‘(iii) has, after satisfying himself that the original charge was appropriate and that further questioning would be in the interests of justice, given authority for the constable to question the person.’.
No. 92, in page 16, line 32, at end insert—
‘(3A) A police officer of at least the rank of superintendent may make an application to a judge of the High Court for permission to allow a constable to question a person under subsections (2) and (3) above if the police officer believes that the person may be charged with a related terrorism offence.
(3B) A judge may grant permission for further questioning under subsection (2) and (3) only if he is satisfied by evidence that—
(a) there are reasonable grounds for believing that the original charge was appropriate to bring;
(b) it is in the interests of justice to allow further questioning in the circumstances; and
(c) that further questioning would not be oppressive.
(3C) Where a judge grants permission for further questioning under subsection (3B) he shall make such directions as he considers appropriate with regard to—
(a) the maximum permitted period for further questioning;
(b) the total length of time over which further questioning is permitted; or
(c) any other directions in the interests of justice,
and these directions shall be subject to variation on application by either party to the same court.
(3D) A “related terrorism offence” means a terrorism offence arising in whole or in part from the same set of facts as the offence with which the person has already been charged, or officially informed that they may be prosecuted.’.
No. 93, in clause 25, page 17, line 29, after second ‘a’, insert ‘related’.
No. 97, in page 17, line 29, leave out subsection (2) and insert—
‘(2) Subject to subsections (3) to (6), a constable may question a person about a related terrorism offence where the person has already been charged with, or been officially informed that they may be prosecuted for, a terrorism offence.’.
No. 98, in page 17, line 32, at end insert—
‘(2A) A police officer of at least the rank of superintendent may make an application to a judge of the High Court for permission to allow a constable to question a person under subsection (2) above if the police officer believes that the person may be charged with a related terrorism offence.
(2B) A judge may grant permission for further questioning under subsection (2) only if he is satisfied by evidence that—
(a) there are reasonable grounds for believing that the original charge was appropriate to bring;
(b) it is in the interests of justice to allow further questioning in the circumstances; and
(c) that further questioning would not be oppressive.
(2C) Where a judge grants permission for further questioning under subsection (2B) he shall make such directions as he considers appropriate with regard to—
(a) the maximum permitted period for further questioning;
(b) the total length of time over which further questioning is permitted; or
(c) any other directions in the interests of justice,
and these directions shall be subject to variation on application by either party to the same court.
(2D) A “related terrorism offence” means a terrorism offence arising in whole or in part from the same set of facts as the offence with which the person has already been charged, or officially informed that they may be prosecuted.’.
No. 22, in page 17, line 32, at end insert ‘, and
(c) a judge of the Crown Court has, after satisfying himself that the original charge was appropriate and that further questioning would be in the interests of justice, given authority for the constable to question the person.’.