Legalize / United Kingdom / Public General Act

Terrorism Prevention and Investigation Measures Act 2011

Type Public General Act

Publication 2011-12-14

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

New regime to protect the public from terrorism

Abolition of control orders

1

The Prevention of Terrorism Act 2005 (which gives powers to impose control orders) is repealed.

Imposition of terrorism prevention and investigation measures

2

(1) The Secretary of State may by notice (a “TPIM notice”) impose specified terrorism prevention and investigation measures on an individual if conditions A to E in section 3 are met.

(2) In this Act “terrorism prevention and investigation measures” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 1 (terrorism prevention and investigation measures).

(3) In this section and Part 1 of Schedule 1 “specified” means specified in the TPIM notice.

(4) The Secretary of State must publish factors that he or she considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 1 (travel measure).

Conditions A to E

3

(1) Condition A is that the Secretary of State reasonably believes that the individual is, or has been, involved in terrorism-related activity (the “relevant activity”).

(2) Condition B is that some or all of the relevant activity is new terrorism-related activity.

(3) Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for terrorism prevention and investigation measures to be imposed on the individual.

(4) Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity, for the specified terrorism prevention and investigation measures to be imposed on the individual.

(5) Condition E is that—

(a) the court gives the Secretary of State permission under section 6, or

(b) the Secretary of State reasonably considers that the urgency of the case requires terrorism prevention and investigation measures to be imposed without obtaining such permission.

(6) In this section “new terrorism-related activity” means—

(a) if no TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring at any time (whether before or after the coming into force of this Act);

(b) if only one TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring after that notice came into force; or

(c) if two or more TPIM notices relating to the individual have been in force, terrorism-related activity occurring after such a notice came into force most recently.

Involvement in terrorism-related activity

4

(1) 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 facilitates the commission, preparation or instigation of such acts, or which is intended to do so;

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

(d) conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a);

and for the purposes of this Act it is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general.

(2) For the purposes of this Act, it is immaterial whether an individual's involvement in terrorism-related activity occurs before or after the coming into force of this Act.

Duration of measures

Two year limit for TPIM notices

5

(1) A TPIM notice—

(a) comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice; and

(b) is in force for the period of one year.

(2) The Secretary of State may by notice extend a TPIM notice for a period of one year beginning when the TPIM notice would otherwise expire.

(3) A TPIM notice—

(a) may be extended under subsection (2) only if conditions A, C and D are met; and

(b) may be so extended on up to four occasions.

(4) This section is subject, in particular, to sections 13 (revocation and revival of TPIM notices) and 14 (replacement of TPIM notice that is quashed etc).

Court scrutiny of imposition of measures

Prior permission of the court

6

(1) This section applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose measures on the individual.

(2) The application must set out a draft of the proposed TPIM notice.

(3) The function of the court on the application is—

(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and

(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).

(4) The court may consider the application—

(a) in the absence of the individual;

(b) without the individual having been notified of the application; and

(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.

(6) In determining the application, the court must apply the principles applicable on an application for judicial review.

(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B, or condition C is met is obviously flawed, the court may not give permission under this section.

(8) In any other case, the court may give permission under this section.

(9) If the court determines that the Secretary of State's decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8)) give directions to the Secretary of State in relation to the measures to be imposed on the individual.

(10) In this section “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(d) condition D.

Urgent cases: reference to the court etc

7

Schedule 2 (urgent cases: reference to the court etc) has effect.

Directions hearing

8

(1) This section applies if the court—

(a) gives permission under section 6 for measures to be imposed on an individual, or

(b) confirms under paragraph 4(3) of Schedule 2 (whether or not subject to paragraph 4(2) of that Schedule) a TPIM notice which imposes measures on an individual.

(2) The court must, at the hearing where it gives the permission or confirms the notice, give directions for a further hearing (a “directions hearing”)—

(a) which, unless the court otherwise directs (whether in those directions or subsequently), is to be held within the period of 7 days beginning with the relevant day, and

(b) which the individual is to have the opportunity to attend.

(3) In a case where this section applies because the court gives permission under section 6, directions given under subsection (2) may not be served on the individual unless the TPIM notice has been served on that individual.

(4) At the directions hearing, the court must give directions for a further hearing (a “review hearing”) in relation to the imposition of measures on the individual.

(5) Directions under subsection (4) must provide for the review hearing to be held as soon as reasonably practicable.

(6) In this section “relevant day” means—

(a) in a case falling within subsection (1)(a), the day on which the TPIM notice imposing the measures is served on the individual;

(b) in a case falling within subsection (1)(b), the day on which the court confirms the TPIM notice.

Review hearing

9

(1) On a review hearing held in compliance with directions under section 8(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.

(2) In doing so, the court must apply the principles applicable on an application for judicial review.

(3) The court—

(a) must discontinue the review hearing if the individual requests the court to do so; and

(b) may discontinue the review hearing in any other circumstances.

(4) The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.

(5) The court has the following powers (and only those powers) on a review hearing—

(a) power to quash the TPIM notice;

(b) power to quash measures specified in the TPIM notice;

(i) the revocation of the TPIM notice, or

(ii) the variation of measures specified in the TPIM notice.

(6) If the court does not exercise any of its powers under subsection (5), the court must decide that the TPIM notice is to continue in force.

(7) If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the TPIM notice is to continue in force subject to that exercise of that power.

(8) In this section “relevant conditions” means—

(a) condition A;

(b) condition B;

(d) condition D.

Consultation requirements

Criminal investigations into terrorism-related activity

10

(1) The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before—

(a) making an application under section 6 for permission to impose measures on an individual, or

(b) imposing measures on an individual in a case to which section 3(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).

(2) The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence relating to terrorism.

(3) The “appropriate police force” means the police force—

(a) that is investigating the commission of any such offence by the individual, or

(b) by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.

(4) If the Secretary of State serves a TPIM notice on an individual, the Secretary of State must inform the chief officer of the appropriate police force—

(a) that the TPIM notice has been served, and

(b) that the chief officer must act in accordance with the duty under subsection (5).

(5) After being informed of the matters mentioned in subsection (4), the chief officer must—

(a) secure that the investigation of the individual's conduct, with a view to a prosecution of the individual for an offence relating to terrorism, is kept under review throughout the period the TPIM notice is in force, and

(b) report to the Secretary of State on the review carried out under paragraph (a).

(6) The chief officer must consult the relevant prosecuting authority before responding to consultation under subsection (1).

(7) The chief officer must also, to the extent that the chief officer considers it appropriate to do so, consult the relevant prosecuting authority in carrying out the duty under subsection (5)(a).

(8) The “relevant prosecuting authority” is—

(a) in the case of offences that would be likely to be prosecuted in England and Wales, the Director of Public Prosecutions;

(b) in the case of offences that would be likely to be prosecuted in Scotland, the appropriate procurator fiscal;

(c) in the case of offences that would be likely to be prosecuted in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

(9) The duty to consult under subsection (1) or (6) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(10) In this section—

“chief officer”—in relation to a police force maintained for a police area in England and Wales, means the chief officer of police of that force;in relation to the Police Service of Scotland, means the chief constable of that Service;in relation to the Police Service of Northern Ireland, means the Chief Constable of that Service;in relation to the National Crime Agency, means the Director General of the National Crime Agency; and...

“police force” means—a police force maintained for a police area in England and Wales;the Police Service of Scotland;the Police Service of Northern Ireland;the National Crime Agency ; or...

Review of ongoing necessity

11

During the period that a TPIM notice is in force, the Secretary of State must keep under review whether conditions C and D are met.

Changes concerning TPIM notices

Variation of measures

12

(1) The Secretary of State may by notice (a “variation notice”) vary measures specified in a TPIM notice if—

(a) the variation consists of the relaxation or removal of measures;

(b) the variation is made with the consent of the individual; or

(c) the Secretary of State reasonably considers that the variation is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.

(1A) The Secretary of State may by variation notice vary a relocation measure so as to substitute a different specified residence if the Secretary of State reasonably considers that—

(a) the variation is necessary for reasons connected with the efficient and effective use of resources in relation to the individual; and

(b) the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.

(1B) A “relocation measure” is a measure under paragraph 1(2) of Schedule 1 which requires the individual to reside at a specified residence within paragraph 1(3)(b) of that Schedule (requirement to reside at premises specified by Secretary of State other than individual's own residence).

(2) The individual to whom a TPIM notice relates may make an application to the Secretary of State for the variation of measures specified in the TPIM notice.

(3) The Secretary of State must consider an application made under subsection (2).

(4) An application under subsection (2) must be made in writing.

(5) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application under subsection (2).

(6) The Secretary of State is not required to consider an application further unless any information requested under subsection (5) is provided in accordance with the notice mentioned in that subsection.

(7) A variation under subsection (1) or (1A) takes effect when the variation notice is served or, if later, at the time specified for this purpose in the variation notice.

(8) The power under subsection (1) or (1A) is exercisable whether or not an application has been made under subsection (2).

(9) In a case where a TPIM notice—

(a) has expired as mentioned in section 13(6)(a), or

(b) has been revoked,

the power under subsection (1) or (1A) may (in particular) be exercised in relation to the TPIM notice before any revival of the TPIM notice under section 13(6) so as to take effect at the time that the TPIM notice comes back into force on its revival.

(10) In such a case, the question of whether condition D is met is to be determined for the purposes of section 13(6) by reference to the measures specified in the TPIM notice as they would be after the exercise of the power under subsection (1) or (1A).

(11) Subsection (1A) does not limit the power under subsection (1).

Revocation and revival of TPIM notices

13

(1) The Secretary of State may by notice (a “revocation notice”) revoke a TPIM notice at any time.

(2) The revocation of a TPIM notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.

(3) The individual to whom a TPIM notice relates may make an application to the Secretary of State for the revocation of the TPIM notice.

(4) The Secretary of State must consider an application made under subsection (3).

(5) The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).

(6) The Secretary of State may by notice (a “revival notice”) at any time revive a TPIM notice which—

(a) has expired, or

(i) without being extended under section 5(2), or

(ii) having been extended under section 5(2) on fewer than four occasions, or

(b) has been revoked,

if conditions A, C and D are met.

(7) The power of revival may be exercised—

(a) under subsection (6) (a) or (b) whether or not the TPIM notice has previously been revoked and revived; and

(b) under subsection (6) (b) whether or not the TPIM notice has been extended under section 5(2) (and regardless of how many times it has been so extended).

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