moved Amendment No. 15:
15: Clause 24, page 17, line 45, leave out subsections (2) to (6) and insert—
““( ) On the application of the prosecutor, a sheriff may authorise the questioning of a person about an offence—
(a) after the person has been charged with the offence, or
(b) after the person has appeared on petition in respect of the offence,
if the offence is a terrorism offence or it appears to the sheriff that the offence has a terrorist connection.
( ) The sheriff—
(a) must specify the period during which questioning is authorised, and
(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.
( ) The period during which questioning is authorised—
(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and
(b) must not exceed 48 hours.
This is without prejudice to any application for a further authorisation under this section.
( ) Where the person is in prison or otherwise lawfully detained, the sheriff may authorise the person’s removal to another place and detention there for the purpose of being questioned.
( ) A sheriff must not authorise the questioning of a person under this section unless satisfied—
(a) that further questioning of the person is necessary in the interests of justice,
(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and
(c) that what is authorised will not interfere unduly with the preparation of the person’s defence to the charge in question or any other criminal charge.””
On Question, amendment agreed to.
[Amendments Nos. 16 and 17, as amendments to Amendment No. 15, not moved.]
[Amendments Nos. 18 to 20 not moved.]
Counter-Terrorism Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
in the House of Lords on Tuesday, 4 November 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
About this proceeding contribution
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705 c182-3 Session
2007-08Chamber / Committee
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