Terrorism Prevention and Investigation Measures Act 2011
2011 CHAPTER 23
Commentary on Sections
Section 15 and Schedule 3: Other provisions relating to the quashing of TPIM notice etc
100.Section 15 makes various provisions in relation to a case in which the courts quash a TPIM notice or a measure imposed under a TPIM notice, or the extension or revival of a TPIM notice.
101.Subsection (1) provides a power for the courts to stay such a decision until a specified time or pending the outcome of an appeal against the decision. This provision is required because in the normal course of events, a quashing would take immediate effect. Subsection (2) provides that the court’s decision does not affect the Secretary of State’s power subsequently to impose measures on the same individual, or to do so on the basis of terrorism-related activity previously relied on to exercise such powers.
102.Subsection (3) provides that Schedule 3 has effect. Schedule 3 provides that an individual subject to a TPIM notice, who is convicted of an offence under section 23 (contravention without reasonable excuse of any measure specified in the TPIM notice), has a right of appeal against that conviction if the TPIM notice (or the measure to which the conviction related) is subsequently quashed. The court must allow such an appeal.
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