Part 4: Police Powers Chapter 1: Pre-charge Bail Section 68: Offence of pre-charge bail conditions relating to travel
Section 68 (together with section 69) creates a new offence of breaching certain travel-related conditions of pre-charge bail (defined as 'travel restriction conditions' in subsection (2)) for those arrested on suspicion of committing a terrorist offence. The offence can be tried on indictment in the Crown Court, which means that the Criminal Attempts Act 1981 applies so as to make it an offence to attempt to breach a travel restriction condition.
	The maximum penalty for the offence is twelve months' imprisonment, a fine or both (see subsection (4)). The offence extends to England and Wales and Northern Ireland; there is already an offence of breaching the equivalent of pre-charge bail in Scotland.
	The offence would apply where a person has been arrested under section 24 of PACE or article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989, on suspicion of committing a terrorist offence, as listed in section 41 of the Counter-Terrorism Act 2008; has been released on pre-charge bail, subject to a travel restriction condition; and subsequently breaches, without reasonable excuse, any of those conditions (see subsection (1)). There is, however, no provision for a reasonable excuse to be raised in cases where the arrestee breaches a condition not to leave the UK.
	The offences listed in section 41 of the Counter-Terrorism Act 2008 cover a range of offences including membership of a proscribed organisation, fundraising in support of terrorism, and encouraging terrorist acts.
	The police have the power to impose a pre-charge bail condition requiring the surrender of a passport under section 47(1A) of PACE, which confers on a police constable the "normal powers to impose conditions of bail" found in section 3(6) of the Bail Act 1976. The existing power permits bail conditions which are considered by the police as necessary to prevent the suspect from failing to surrender travel documents, offending whilst on bail, interfering with prosecution witnesses or otherwise obstructing the course of justice, or for his or her own protection.
	The Counter-Terrorism and Security Act 2015 confers powers to allow the police to seize and retain passports at ports if they reasonably suspect a person is travelling to engage in terrorism related activity outside the UK. That Act also enhanced border security for aviation, maritime and rail travel, with provisions relating to passenger data, the process for granting carriers authority to carry passengers, and security and screening measures.
	This section provides another tool for the police to tackle terrorism by deterring those arrested on suspicion of a terrorist offence from breaching a travel restriction condition imposed under the terms of their pre-charge bail; and by adding to the range of offences which might be prosecuted in cases where such a person has returned to the UK. This might assist if there are evidence-gathering difficulties relating to other offences that the person might have committed abroad.