Part 2: Terrorism Prevention and Investigation Measures Commentary on Sections Section 17: TPIMs: travel measure
86.Section 17 amends certain provisions in the TPIM Act relating to travel measures (subsection (1)). Subsection (2) amends section 2 of the TPIM Act to provide that the Secretary of State must publish factors that he or she considers are appropriate to take into account when deciding whether to impose travel restrictions under paragraph 2 of Schedule 1 to the TPIM Act. Factors could include - this is indicative only - proximity to airports, prohibited associates and other TPIM subjects, variety/number of services within the restricted area.
87.Subsections (3) and (4) amend section 23 of the TPIM Act, which makes it an offence, without reasonable excuse, to contravene a measure. Subsection (3) provides that an individual subject to a travel measure under paragraph 2 of Schedule 1 to the TPIM Act who leaves the United Kingdom or travels outside the United Kingdom will not be able to rely upon a defence of “reasonable excuse”. Subsection (4) increases the custodial penalty on conviction on indictment of contravening the travel measure from a term not exceeding five years imprisonment to one not exceeding ten years imprisonment.
88.Subsection (5) amends paragraph 2 of Schedule 1 to the TPIM Act. Under the TPIM Act prior to its amendment by this provision, the Secretary of State could, under the travel measure, impose a restriction on a person from leaving a specified area which could be Great Britain, Northern Ireland or the United Kingdom. The amendment allows the Secretary of State to impose restrictions on an individual from leaving a specified area which may be either the United Kingdom or any area within the United Kingdom in which the individual’s place of residence is located. Restrictions imposed may include a requirement not to leave the specified area without receiving permission from or, as the case may be, giving notice to the Secretary of State.