New Clause 6 — Power to make control orders

Part of Orders of the Day — Prevention of Terrorism Bill – in the House of Commons at 9:56 pm on 28th February 2005.

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'(1) An application for an order under this section may be made by the Secretary of State if he is satisfied that the following conditions are fulfilled with respect to any person, namely:

(a) that the person is or has been involved in terrorism-related activity;

(b) that, having regard to all the evidence that would be admissible in criminal proceedings, there is no realistic prospect for conviction of that person for any criminal offence relating to their involvement in such activity; and

(c) that such an order is necessary, for the purposes connected with protecting members of the public from the risk of terrorism, to make an order imposing obligations on the individual.

(2) The Secretary of State shall not make such an application without consulting the Director of Public Prosecutions.

(3) Such an application shall be made to:

(a) the High Court in England and Wales in respect of persons resident in England or Wales,

(b) the Outer House of the Court of Session in respect of persons resident in Scotland; and

(c) the High Court in Northern Ireland in respect of persons resident in Northern Ireland.

(4) If, on such an application, it is proved that the conditions set out in subsection 1(1) are fulfilled, the court may make an order under this section (a "control order") imposing any of the obligations set out in subsection 1(8).

(5) For the purpose of determining whether the condition mentioned in subsection 1(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

(6) In determining whether the condition mentioned in subsection (1)(a) is fulfilled, the court must apply the criminal standard of proof.

(7) The obligations that may be imposed on a defendant under this section are limited to the following:

(a) a prohibition or restriction on his possession or use of specified articles or substances;

(b) a restriction on his use of specified services or specified facilities, or on his carrying on specified activities;

(c) a restriction on his association or communications with specified persons or with other persons generally;

(d) a prohibition on his being at specified places or within a specified area at specified times or on specified days; and

(e) a requirement on him to report to a specified person at specified times and places.

(8) The court shall not impose any obligation under subsection (7) unless it is satisfied that the following conditions apply:

(a) that the obligation is necessary for the purposes connected with protecting members of the public from the risk of terrorism;

(b) that the same purposes could not be achieved by less restrictive means; and

(c) that the obligation is consistent with the defendant's Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(9) The Secretary of State or the defendant may apply to the court which made the control order for it to be varied or discharged by further order.

(10) For the purposes of this Act, involvement in terrorism-related activity is any one or more of the following:

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct which knowingly facilitates the commission, preparation or instigation of such acts, or which is intended to do so; and

(c) conduct which knowingly gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so.

(11) Evidence established to have been obtained under torture shall not be admitted in any proceedings.'. —[Mr. Grieve]

Brought up, and read the First time.

Question put, That the clause be read a Second time:—

The Committee divided: Ayes 194, Noes 284.