Part 3: Final provisions Schedule 4: Minor and consequential amendments
Part 1 of Schedule 4 makes amendments to enactments consequential upon the provisions in Section 8.
	Section 49 of the Children and Young Persons Act 1933 provides for automatic restrictions on reporting legal proceeding in relation to children and young persons under 18. A court may, in certain circumstances, disapply such restrictions in the case of a child or young person who is unlawfully at large for the purpose of apprehending him or her (section 49(5)(b)). This ability to waive the reporting restrictions applies in the case of a child or young person who has been charged with, or convicted of, is a sexual offence or a violent offence specified in Schedule 15 to the 2003 Act (or one that is punishable if committed by an adult with a sentence of imprisonment of fourteen years or more). Paragraph 1 amends section 49 of the Children and Young Persons Act 1933 to add a reference to a terrorism offence as listed in the new Part 3 of Schedule 15 to the 2003 Act.
	Section 3AA of the Bail Act 1976 sets out the conditions that must be satisfied before a court may impose electronic monitoring on a child or young person to ensure compliance with bail conditions. One such requirement is that the offence in respect of which the child or young person has been charged with, or convicted of, is a sexual offence or a violent offence specified in Schedule 15 to the 2003 Act (or one that is punishable if committed by an adult with a sentence of imprisonment of 14 years or more). Paragraph 3(3) amends section 3AA of the Bail Act 1976 to add a reference to a terrorism offence as defined in the new Part 3 of Schedule 15 to the 2003 Act. Paragraph 3(4) makes a like amendment to section 3AAA of the Bail Act 1976 which provides for a modified version of the conditions in section 3AA in respect of children and young persons concerned in extradition proceedings. Paragraph 3(2) adds a definition of a terrorism offence to the interpretation section (section 2) of the Bail Act 1976.
	Part 6 of the Licensing Act 2003 establishes a regime for the supply of alcohol to be regulated by the granting of personal licences to individuals. Where an applicant for a personal licence or a licensee has a conviction for a "relevant offence", unless spent, this must be taken into account by a licensing authority in its consideration of an application for the grant or renewal of a personal licence (sections 120 and 121 of the Licensing Act 2003). If an existing personal licence holder is convicted of a relevant offence, his or her licence may be forfeited or suspended (section 129). The list of relevant offences is set out in Schedule 4 to the Licensing Act 2003 and includes violent offences specified in Part 1 of Schedule 15 to the 2003 Act. Paragraph 8 adds specified terrorism offences in the new Part 3 of Schedule 15 to the 2003 Act to the list of relevant offences.
	Paragraph 10 amends provisions in Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 ("the 2004 Act"). That Chapter confers rights on victims of violent and sexual offences to make representations to and receive certain information from local probation boards. The right to make representations relates to whether the offender should be subject to any licence conditions or supervision requirements in the event of his or her release from custody and, if so, what those licence conditions or supervision requirements should be. The victim then has a right to information about any licence conditions or supervision requirements to which the offender is to be subject on his or her release. The definition of a sexual or violent offence (in section 45 of the 2004 Act), in part, draws on the list of sexual and violent offences in Schedule 15 to the 2003 Act. The amendments to Chapter 2 of Part 3 of the 2004 Act provide that the rights conferred by that Chapter are extended to the victims of terrorism offences as listed in the revised Schedule 15 to the 2003 Act.
	Paragraph 11 makes consequential amendments to sections 219A and 221A of the Armed Forces Act 2006 which provide for extended determinate sentences for adult and young offenders respectively convicted under Service law.
	Paragraph 12(3) repeals spent provisions in section 138 of the Coroners and Justice Act 2009.
	Paragraph 13 amends provisions in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO Act") which makes provision for the remanding of children to local authority accommodation or youth detention accommodation.
	Section 94 of the LASPO Act sets out five requirements that must be satisfied before a court may impose electronic monitoring on a child remanded to local authority care. One such requirement is that the offence in respect of which the child has been charged or convicted is a sexual offence or a violent offence specified in Schedule 15 to the 2003 Act (or one that is punishable if committed by an adult with a sentence of imprisonment of 14 years or more). Paragraph 13(2) amends section 94 to add a reference to a terrorism offence as defined in the new Part 3 of Schedule 15 to the 2003 Act. Paragraph 13(3) makes a like amendment to section 95 of the LASPO Act which provides for a modified version of the five requirements in section 94 in respect of children concerned in extradition proceedings.
	Under the LASPO Act, a child can be only be remanded to youth detention accommodation under the provisions of Chapter 3 of Part 3 if at least one of four sets of conditions set out in sections 98 to 101 is met. Section 98 applies to a child charged with or convicted of an offence and describes the first set of conditions that, if met, would allow the court to remand the child to youth detention accommodation. This set of conditions includes a requirement relating to the seriousness of the offence which must be either a violent or sexual offence (or one that is punishable if committed by an adult with a sentence of imprisonment of 14 years or more). Paragraph 10(4) amends section 98 to add a reference to a terrorism offence as defined in the new Part 3 of Schedule 15 to the 2003 Act. Paragraph 13(5) makes a like amendment to section 100 of the LASPO Act which sets out an equivalent set of conditions to those in section 98, this time for a child in an extradition case.
	Paragraph 13(6) amends section 107 of the LASPO Act to add a definition of a terrorism offence for the purposes of Chapter 3 of Part 3 of that Act.
	Paragraphs 2, 4, 5, 6, 7 and 12(2) amend provisions in other enactments which directly or indirectly refer to the violent or sexual offences as defined by Schedule 15 to the 2003 Act to provide that the descriptor of those provisions refer to violent, sexual or terrorism offences.
	Part 2 of Schedule 4 makes amendments to enactments consequential upon the provisions in Section 10.
	Paragraph 16 amends section 55 of the Justice Act (Northern Ireland) 2015 which enables the courts in Northern Ireland to make a violent offences prevention order in respect of a person convicted of a specified offence where it considers it necessary for the purpose of protecting the public from the risk of serious violent harm. Section 55(3) defines "specified offence" as "an offence for the time being listed in Part 1 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (violent offences)". The amendments to section 55 provide that the terrorism offences currently contained in Part 1 of Schedule 2 to the 2008 Order remain "specified [violent] offences" for the purposes of section 55 of the Justice Act (Northern Ireland) 2015, thereby ensuring that a violent offences prevention order may still be made in respect of such offences.
	Part 3 of Schedule 4 makes amendments to enactments consequential upon the provisions in Part 2 of the Act.
	Section 34(2) of the Children and Young Persons Act 1933 requires that where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his or her welfare. Paragraph 17 amends section 34 to apply this requirement to a child or young person detained under Part 1 of Schedule 3.
	PACE makes provision for the treatment of persons in police detention following arrest, including provisions conferring a right to legal advice and provision relating to the taking and retention of fingerprints and DNA samples and profiles. Paragraph 18 amends PACE so that the provisions of that Act do not apply to persons detained under Schedule 3 (which contains equivalent provisions). Paragraph 20 makes like amendments to the Police and Criminal Evidence (Northern Ireland) Order 1989.
	Paragraph 19 amends section 8A of the Legal Aid (Scotland) Act 1986, which confers power on the Scottish Ministers, by regulations, to provide for non-means tested legal advice and assistance in relation to criminal matters to be available to the description of clients listed in that section. The amendment to section 8A adds to that description persons who are detained in Scotland under Schedule 3 to the Act or under section 41 of, or Schedule 7 to, the 2000 Act. The relevant regulation is regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011. Paragraph 27 amends regulation 8 so that State funded legal advice and assistance will be available to persons so detained.
	Paragraph 21 amends Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993. Paragraph 3 of Schedule 4 to that Order modifies the provisions in Schedule 7 to the 2000 Act so as to adapt to rail traffic passing through the channel tunnel the provisions of that Schedule which are framed in terms of movements by sea and air. Paragraph 21(1) re-enacts the provisions in paragraph 3 of Schedule 4 to the Order with further necessary modifications to reflect recent changes made to Schedule 7, in particular by the 2015 Act.
	Section 18G of the 1995 Act makes provision for the retention of fingerprints and DNA profiles pursuant to a national security determination made by the chief constable of the Police Service of Scotland and section 19C specifies the purpose for which such biometric data may be used, including in the interest of national security. Paragraph 22 amends sections 18G and 19C so that these provisions apply to fingerprints and DNA profiles taken under the provisions of Schedule 3.
	Paragraph 23(2) amends section 41 of the 2000 Act to provide that where a person detained under Schedule 3 to the Act is subsequently arrested under section 41 on suspicion of being a terrorist, the period of examination and detention under Schedule 3 is to count towards the maximum period of pre-charge detention (14 days) under the 2000 Act. Paragraph 23(3) amends Schedule 8 to the 2000 Act to enable fingerprints and DNA profiles taken under that Schedule to be subject to a speculative search against fingerprints and DNA profiles taken under Schedule 3 to the Act.
	Section 3 of the Regulation of Investigatory Powers Act 2000 authorises certain kinds of interception without the need for a warrant under section 5 of that Act. Paragraph 24 amends section 3 of that Act, the effect of which is to add the interception of mail using the examination power in paragraph 9 of Schedule 3 to the Act to the categories of interception where a section 5 warrant is not required.
	Section 104 of the Postal Services Act 2000 provides for mail-bags, packets in the post and their contents, which are not the property of the Crown, to be given the same immunity from examination, seizure or detention, as if they were the property of the Crown. This immunity is subject to exceptions. Paragraph 25 adds the examination of mail under paragraph 9 of Schedule 3 to the Act to the list of exceptions.
	Section 18 of the 2008 Act provides a statutory framework for the use and retention of DNA samples and profiles and fingerprints that are not held subject to other "existing statutory restrictions". Paragraph 26 amends section 18 of the 2008 Act to add biometric material obtained under Schedule 3 to the Act to the list of existing statutory restrictions.
	Schedule 6 to the 2011 Act makes provision for the taking, retention and use of fingerprints and DNA samples and profiles from individuals subject to a TPIM notice. Paragraph 28 amends paragraph 5 of Schedule 6 to the 2011 Act to enable fingerprints and DNA profiles taken under that Schedule to be subject to a speculative search against fingerprints and DNA profiles taken under Schedule 3 to the Act.
	Paragraph 29 amends section 20 of the Protection of Freedoms Act 2012 which sets out the functions of the Commissioner for the Retention and Use of Biometric Material (commonly known as the Biometric Commissioner). Those functions include the keeping under review of determinations made by chief officers of police and others that the fingerprints and DNA profiles of a person are required to be retained for national security purposes, and the use to which fingerprints and DNA profiles so retained are being put. The Biometric Commissioner also has a general function of keeping under review the retention and use, by the police and others, of fingerprints and DNA profiles not subject to a national security determination. The amendments bring fingerprints and DNA profiles taken under Schedule 3 to the Act within the statutory remit of the Biometric Commissioner.
	Section 15 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 gives the Lord Chancellor the power to prescribe in regulations when advice and assistance must be made available to individuals in connection with criminal proceedings. The relevant regulations are the Criminal Legal Aid (General) Regulations 2013. Paragraph 30 amends those regulations so that persons detained under Schedule 3 are eligible to receive the prescribed advice and assistance where they meet the qualifying criteria.
	Paragraphs 31 and 32 amend the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 and the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 respectively so that persons detained in Northern Ireland under Schedule 7 to the 2000 Act, or under Schedule 3 to the Act, are eligible to receive legal advice and assistance in the same way as persons arrested and detained under the Police and Criminal Evidence (Northern Ireland) Order 1989.
	Section 47 of the Investigatory Powers Act 2016 provides that the interception of postal items is authorised (without the need for a warrant under that Act) where it is carried out by, amongst others, an examining officer under paragraph 9 of Schedule 7 to the 2000 Act. Paragraph 33 amends section 47 so that the interception of postal items by a Schedule 3 examining officer similarly does not require a warrant under the Investigatory Powers Act 2016.
	Part 4 of Schedule 4 makes other minor or consequential amendments.
	Paragraph 34 amends section 29 of the Criminal Procedure and Investigations Act 1996. Subsection (3) of that section requires a Crown Court judge to order a preparatory hearing where a defendant is charged with a terrorism offence as defined in subsection (6). The definition of a terrorism offence includes the offences in sections 56 to 59 of the 2000 Act. Paragraph 34 amends the description of those offences to include the new section 58B offence (as inserted by section 4) as well as the existing section 58A offence.
	Paragraph 36 repeals section 13(2) of the 2000 Act. Section 13(2) of the 2000 Act, on the face of it, allows a constable in Scotland to arrest without warrant if he or she has reasonable grounds to suspect that a person is guilty of an offence under that section. However, this power has been superseded by section 1 of the Criminal Justice (Scotland) Act 2016 which contains a general power to arrest without warrant. Section 54 of that Act abolished any previously existing powers of arrest. This had the effect of rendering section 13(2) ineffective.
	Paragraph 37 amends section 23A of the 2000 Act. This section allows the court which convicts a person of certain terrorist offences to order the forfeiture of money or other property in the possession or under the control of the convicted person at the time of the offence and which either had been used for the purposes of terrorism or was intended by that person to be used for those purposes, or which the court believes will be used for the purposes of terrorism unless forfeited. Paragraph 37 adds the new offence of entering or remaining in a designated area (as provided for in section 4) to the list of relevant terrorist offences for the purposes of section 23A.
	Paragraph 38 amends section 118 of the 2000 Act to provide that where a person charged with the new offence of entering or remaining in a designated area (as inserted by section 4) puts forward the reasonable excuse defence, the burden of proof (to the criminal standard) to disprove the offence rests with the prosecution.
	Paragraph 4 of Schedule 14 to the 2000 Act includes provision enabling an examining officer to share information acquired during an examination under Schedule 7 to that act with specified persons, including the Secretary of State and a constable. Paragraph 4 of Schedule 14 includes a power to add to the list of specified persons by regulations, paragraph 39 narrows this regulation-making power so that it can only be used to specify persons carrying out public functions.
	Paragraph 41 amends section 18E of the 2008 Act, which makes supplementary provision relating to the destruction and retention of biometric material, to replace an outdated reference to the Serious Organised Crime Agency with a reference to its successor body, the National Crime Agency.
	Paragraph 42 amends section 27 of the 2008 Act to add the new offence of entering or remaining in a designated area (as inserted by section 4) to the list of offences for the purposes of the post-charge questioning provisions in sections 22 to 24 of the 2008 Act.
	The amendments made by paragraphs 43 to 51 relate to the notification scheme in the 2008 Act.
	Section 40 of the 2008 Act describes the scope of the notification scheme. Paragraph 43 amends section 40 to include reference to the new power to enter and search the homes of RTOs (as provided for in section 13).
	Section 41 of the 2008 Act sets out the offences to which the notification scheme applies. Paragraph 44 amends section 41 to apply the scheme to the new offence of entering or remaining in a designated area (as provided for in section 4).
	Under section 49 of the 2008 Act, an RTO is required to re-notify the information specified in section 47(2) on an annual basis. The effect of new section 49(1)(ba), inserted by paragraph 46(2)(b), is to re-set the clock in a case where an RTO has re-notified the section 47(2) information in accordance with new section 48A of the 2008 Act (as inserted by Section 12(4)).
	Section 50 of the 2008 Act describes how and where a person is required to notify information to the police under the provisions relating to initial notification, notification of change, periodic re-notification and notification on return after absence from the UK. Section 50(2) provides that the person must notify by attending a police station in the person’s local police area (as defined in section 51) and making an oral notification to a police officer or other person authorised by the officer in charge of the station. Paragraph 47 amends section 50 to provide that this method of notification also applies to a notification of changes to financial information and identification documents under new section 48A.
	Under section 54 of the 2008 Act, failure without reasonable excuse to comply with any of the notification requirements, or providing false information in relation to any of the requirements, constitutes an offence (subject to a maximum penalty of five years’ imprisonment). Section 54(4) provides that the offence of failing to give a notification continues throughout the period during which the required notification is not given, but a person cannot be prosecuted more than once for the same failure. The amendments made to section 54 by paragraph 48 provides for this offence to apply to a failure to comply with the requirements of new section 48A and to the provision of false information in relation to those requirements.
	The notification period continues to run whilst an RTO is outside the UK. Section 55 of the 2008 Act sets out how the notification requirements apply in such circumstances. Paragraph 49 amends section 55 consequential upon the provisions in section 12(5); it provides that the requirement on an RTO to periodically re-notify his or her details does not apply during a period he or she is absent abroad (section 56 provides for re-notification following an absence abroad).
	Section 56 of the 2008 Act provides that a person must within three days of their return from abroad, provided his or her notification period has not expired, make a full notification to the police (of all the information listed in section 47(2)) if, amongst other things, there has been any change to the information last given to the police. Paragraph 50 amends section 56 so that the re-notification requirement applies where there has been any change to the information about the RTO’s banking details or identification documents since last notified in accordance with new section 48A.
	Section 52(1) of the 2008 Act provides a power for the Secretary of State to make regulations setting out additional notification requirements for persons subject to the notification scheme in relation to foreign travel. Regulation 3(1) of the Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulation 2009 (SI 2009/2493) requires an RTO to notify the police in advance if he or she intends to leave the United Kingdom for a period of three days or more. Such a notification must include, amongst other things, the date of departure, the country the RTO is travelling to and the point of arrival in that country. Paragraph 51(1)(a) amends regulation 3(1) so that an RTO must notify the police of any intended travel outside the United Kingdom whatever the duration.
	Regulation 4 of the 2009 Regulations specifies the minimum period prior to travel when such notifications must be made. Where the travel arrangements are not known seven days prior to travel or subsequently change, a notification must be made at least 24 hours before departure. Paragraph 51(1)(b) amends regulation 4 to reduce this minimum period to 12 hours.
	Regulation 5 of the 2009 Regulations requires a person to whom the notification requirements apply who leaves the United Kingdom for a period of three days or more to notify the police of the date of their return and the point of their arrival in the United Kingdom within three days of their return (if they did not notify this information before leaving the United Kingdom). Paragraph 51(1)(c) amends regulation 5 so that it applies to a person who leaves the United Kingdom for any period of time instead of only for periods of three days or more.