The Counter-Terrorism Act 2008 (Code of Practice for the Video Recording with Sound of Post-Charge Questioning) Order 2012

Statutory Instruments

2012 No. 1793

Prevention And Suppression Of Terrorism

The Counter-Terrorism Act 2008 (Code of Practice for the Video Recording with Sound of Post-Charge Questioning) Order 2012

Made

9th July 2012

Coming into force

10th July 2012

This Order is made in exercise of the powers conferred on the Secretary of State by section 26(4) of the Counter-Terrorism Act 2008 (“the Act”)(1).

The Secretary of State:

(a) has, in accordance with section 26(2) of the Act published a draft code of practice relating to the video recording with sound of the post-charge questioning of terrorist suspects by a constable authorised under sections 22 and 23 of the Act; has considered representations made about the draft and, as thought appropriate, has modified the draft accordingly;

(b) has, in accordance with section 26(3) of the Act, laid a draft of the code of practice before Parliament.

In accordance with sections 26(5) and 97(1) of the Act, a draft of this Order has been approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Order.

1.  This Order may be cited as the Counter-Terrorism Act 2008 (Code of Practice for the Video Recording with Sound of Post-Charge Questioning) Order 2012 and shall come into force on the day after it is made.

2.  The Code of Practice entitled “Code of Practice for the Video Recording with Sound of Interviews of Persons Detained under Section 41 of, or Schedule 7 to, the Terrorism Act 2000 and Post Charge Questioning of Persons Authorised under Sections 22 or 23 of the Counter-Terrorism Act 2008”, laid before Parliament in draft on 10^th May 2012 shall, in so far as it relates to interviews conducted under sections 22 and 23 of the Counter-Terrorism Act 2008, come into operation on the day on which this Order comes into force.

James Brokenshire

Parliamentary Under-Secretary of State

Home Office

9th July 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the code of practice for the video recording with sound of interviews held for the purpose of questioning a person after they have been charged with a terrorism, or terrorist connected, offence where such questioning has been authorised by a judge or sheriff in accordance with sections 22 to 23 of the Counter-Terrorism Act 2008. The code of practice also applies to interviews of persons under section 41 of, and Schedule 7 to, the Terrorism Act 2000(2) and it is brought into force for these purposes by the Terrorism Act 2000 (Video Recording with Sound of Interviews and Associated Codes of Practice) Order 2012(3). The code of practice applies to interviews conducted in England, Wales and Scotland.

The code of practice may be downloaded from the Home Office website.

(1)

2008 c.28.

(2)

2000 c.11.

(3)

S.I. 2012/1792