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Counter-Terrorism and Sentencing Bill

25 June 2020

Proposing MP
Tewkesbury
Type
Public Bill Committee

At a Glance

Issue Summary

Laurence Robertson is chairing the Public Bill Committee meeting for the Counter-Terrorism and Sentencing Bill. Jonathan Hall discusses the necessity and implications of extending Terrorism Prevention and Investigation Measures (TPIMs) beyond two years and lowering the standard of proof for TPIM imposition. The discussion revolves around the burden of proof for control orders and the implications of removing Parole Board involvement in serious terrorism sentences. Laurence Robertson is addressing questions about the Counter-Terrorism and Sentencing Bill, particularly concerning sentencing reforms for younger offenders. The statement addresses concerns and clarifications regarding the Counter-Terrorism and Sentencing Bill, focusing on sentencing definitions, polygraph testing for terrorist offenders, and the impact of proposed sentencing changes in Scotland. The statement discusses the Counter-Terrorism and Sentencing Bill and addresses various aspects including the Order for Lifelong Restriction, TPIMs (Terrorism Prevention and Investigation Measures), and the standard of proof. Jonathan Hall discusses the Counter-Terrorism and Sentencing Bill, focusing on provisions related to terrorism sentences and TPIMs. Laurence Robertson is chairing a Public Bill Committee session discussing the Counter-Terrorism and Sentencing Bill. Tim Jacques discusses the Counter-Terrorism and Sentencing Bill, focusing on TPIMs ( Terrorism Prevention and Investigation Measures) and the proposed changes. Laurence Robertson addresses questions related to the Counter-Terrorism and Sentencing Bill, focusing on sentencing and TPIMs. Laurence Robertson is addressing the Committee on the Counter-Terrorism and Sentencing Bill and its amendments.

Action Requested

Robertson announces that copies of written evidence received by the Committee will be made available in the Committee Room. The meeting proceeds to hear oral evidence from Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, as per the pre-agreed schedule.

Key Facts

  • The Public Bill Committee meets on June 25, 30, July 2, 7, and 9.
  • Oral evidence sessions are scheduled for various witnesses over these dates.
  • The Prison Officers Association is to appear on Tuesday at 9:25 am.
  • There are two cases where a gap of up to 16 months occurred between the expiry of one TPIM and the imposition of another.
  • The current law allows for managing risks during such gaps as no significant incidents have occurred in these periods.
  • Jonathan Hall believes that TPIMs have been used responsibly by the Government, but lowering the standard of proof could increase the margin of error.
  • The original control orders set up in 2005 had reasonable suspicion as the burden of proof.
  • Between 2005 and 2012, a lower burden of proof was enforced.
  • Intelligence coverage in Daesh-controlled areas is limited due to evidential constraints.
  • Jonathan Hall suggests raising the age for mandatory minimum sentences to 21 years.
  • Judges face difficulty in accurately assessing long-term terrorist risks at sentencing.
  • The Parole Board's ability to reassess an offender’s status as they change over time is highlighted.
  • The definition of terrorism-related offences is taken from the Counter-Terrorism Act 2008 and incorporated into the new sentencing code.
  • Polygraphs provide an additional source of information for managing released terrorist offenders, particularly in identifying deception and reducing burdens on authorities.
  • Scotland's Risk Management Authority issues orders for lifelong restriction which are more flexible than determinate sentences for assessing risk changes over time.
  • Jonathan Hall has written an extensive report on counter-terrorism measures.
  • There is a suggestion that a lifelong restriction order could be more flexible than a serious terrorism sentence.
  • A legislative consent motion from the Scottish Parliament would likely be required for aspects of the Bill impacting devolved matters.
  • Most terrorism sentences are short due to early intervention by counter-terrorism police.
  • Judges can designate any offence connected to terrorism, allowing up to 30 years of monitoring.
  • Hall is cautious about public perception and prefers criminal prosecution over TPIMs.
  • There was a concern that the standard of proof change might lead to an increase in TPIM usage.
  • Laurence Robertson is chairing a Public Bill Committee session.
  • The session includes discussions and questions regarding TPIMs, sentencing changes for young adults, and the overall impact of the Counter-Terrorism and Sentencing Bill.
  • Assistant Chief Constable Tim Jacques from the National Police Chiefs' Council will give evidence on counter-terrorism policing.
  • Six TPIMs currently in place in the UK.
  • MI5 identifies three cases where a lower standard of proof could enhance operations: rapid risk increase, individuals returning from abroad with limited evidence, and instances involving sensitive material disclosure.
  • A gap between TPIM expiries can lead to an increased threat to public safety.
  • Counter-Terrorism and Sentencing Bill addresses sentencing and TPIM measures.
  • Concerns about 'cliff edge' situations where offenders come out without licence conditions.
  • TPIMs are seen as a way to manage risks when licence conditions do not offer sufficient control.
  • The Government has tabled 17 pages of amendments to the Bill.
  • Further consideration of the Bill is adjourned until later in the day.
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