Clause 41 - TPIMS: polygraph measure

Counter-Terrorism and Sentencing Bill – in the House of Commons at 6:14 pm on 21 July 2020.

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Amendment made: 17, page 38, line 2, at end insert—

“(2) In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (c) insert—

‘(ca) a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);’.” —(Robert Buckland.)

This provides that instructions from polygraph operators to subjects of TPIM notices, like decisions of the Secretary of State under the Terrorism Prevention and Investigation Measures Act 2011, are “TPIM decisions” and so cannot be questioned in legal proceedings other than in the high court (or, in Scotland, the Outer House of the Court of Session).