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by Munro Research

Terrorism Prevention and Investigation Measures Act 2011


Official Summary

To abolish control orders and make provision for the imposition of terrorism prevention and investigation measures.

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Overview

This bill amends the Terrorism Prevention and Investigation Measures (TPIM) Bill, making several changes to the powers and procedures related to TPIMs, which are a type of preventative measure used against individuals suspected of terrorism. The amendments clarify court oversight, adjust penalties for violations, and improve the balance between security and individual rights.

Description

The amendments introduce several key changes: Firstly, it modifies the court's ability to direct the conditions of a TPIM. Secondly, it alters the reporting requirements for individuals subject to TPIMs, increasing the flexibility of police instructions. Thirdly, it adjusts the penalties for offenses related to TPIM breaches, varying depending on the jurisdiction (England and Wales versus Northern Ireland). Finally, the amendments clarify the process for obtaining Scottish Ministers’ consent before including provisions in a TPIM order relating to matters within Scottish legislative competence, safeguarding devolution principles.

Government Spending

The bill does not directly specify an increase or decrease in government spending. The impact on spending is indirect and likely dependent on enforcement costs associated with updated TPIM procedures and potential legal challenges.

Groups Affected

Groups potentially affected include:

  • Individuals subject to TPIMs: These individuals will experience the direct impact of the amended procedures and penalties.
  • Law enforcement agencies: These agencies will have updated powers and procedures to follow when enforcing TPIMs.
  • The judiciary: Judges will have a modified role in overseeing TPIMs and related legal challenges.
  • The Scottish Parliament: The amendments aim to safeguard its legislative competence relating to TPIM orders.
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