Overview

This bill amends the Counter-Terrorism and Border Security Bill, primarily focusing on clarifying and refining the circumstances under which individuals may enter or remain in designated areas, and adjusting provisions related to the commission of offences abroad and the detention of individuals under port and border control powers. It also introduces new safeguards and oversight for the retention and use of articles and copies seized by authorities, particularly concerning confidential material.

Description

Designated Areas

The amendments clarify exceptions to the offence of entering or remaining in a designated area (a high-risk area abroad). Exceptions now include humanitarian aid, court appearances, government work (including for foreign governments or the UN), journalism, visiting terminally ill or incapacitated relatives, and other purposes as determined by the Secretary of State via regulations. These regulations are subject to parliamentary scrutiny and have a three-year lifespan.

Offences Abroad

Changes are made to the Terrorism Act 2006, concerning offences committed abroad. Specifically, the bill clarifies the jurisdiction to prosecute UK nationals or residents for certain offenses even if committed outside the UK, such as supporting proscribed organizations.

Detention Under Port and Border Control Powers

The bill strengthens the rights of individuals detained under port and border control powers. It mandates that detainees are informed of their right to consult a solicitor immediately upon detention and introduces limitations on the police's ability to restrict the choice of solicitor. A police superintendent or higher-ranked officer can, however, direct the use of a different solicitor under specific circumstances.

Retention and Use of Seized Articles and Copies

Significant amendments relate to the retention and use of articles and copies of articles seized under national security interests. A new urgency condition is established to allow temporary retention without immediate compliance with other regulations. The Investigatory Powers Commissioner's role is enhanced to oversee the process, requiring approval or cancellation of the retention/use, with increased involvement of affected parties and tighter time limits.

Government Spending

The bill doesn't directly specify the cost. The amendments likely necessitate additional resources for the oversight of regulations and implementation of the changes to the detention procedures, but exact figures are unavailable in the provided text.

Groups Affected

The bill impacts several groups:

• Individuals entering or remaining in designated areas: The amendments provide clearer legal protection for those with legitimate reasons for being in such areas.
• UK nationals and residents abroad: The bill clarifies the potential for prosecution for certain terrorism-related offenses committed abroad.
• Individuals detained under port and border control powers: The amendments enhance their rights to legal representation.
• Law enforcement agencies: The bill changes procedures for seizing and handling evidence, potentially increasing administrative burdens but also introducing additional oversight.
• The Investigatory Powers Commissioner: Their role and responsibilities concerning the oversight of article and copy retention are significantly expanded.
• Journalists and Academics: Explicitly exempted from certain offenses relating to designated areas while undertaking their professional duties

Powered by nyModel