Section 8: Criminal investigations after making of control order
Subsections (1) to (6)
60.Subsection (1) provides that this section applies where it appears to the Secretary of State that an individual’s suspected involvement in terrorism-related activity may have involved the commission of an offence relating to terrorism, and that the commission of that offence is being or would fall to be investigated by a police force. Subsection (2) requires the Secretary of State to consult the chief police officer of that police force about the evidence relating to the individual before he makes a control order to see if there is evidence available that could realistically be used for the purposes of a prosecution of the individual for an offence relating to terrorism. Subsection (3) requires the Secretary of State to inform that chief police officer when he has made a control order. Subsection (4) requires the chief police officer to keep the investigation of the individual’s conduct under review for the duration of the control order to see if prosecution for a terrorism-related offence becomes possible.
61.Subsection (5) requires the chief police officer to consult the relevant prosecuting authority about the carrying out of his functions under the section, but only, when the control order has been made, to the extent that he considers it appropriate in the light of his review of the investigation into the individual’s conduct. Subsection (6) provides that the chief police officer’s duty to consult the relevant prosecuting authority may have been satisfied by consultation that took place wholly or partly before this Act was passed.
Subsections (7) to (9)
62.Subsection (7) defines ‘chief officer’, ‘police force’ and ‘relevant prosecuting authority’. Subsection (8) contains transitional provisions in relation to the Serious Organised Crime Agency (necessary since at the time of the passage of the Prevention of Terrorism Act, the Bill establishing the Serious Organised Crime Agency, which is intended to subsume the National Crime Squad, was still before Parliament). Subsection (9) clarifies references to ‘the Scottish Drug Enforcement Agency’ and ‘the Director’ of that agency in subsection (7).
