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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111524145

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 26(5) and 97(1) of the Counter-Terrorism Act 2008, for approval by resolution of each House of Parliament.

Prevention And Suppression Of Terrorism

Made ***

Coming into force ***

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”)f1.

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.

Annotations to the whole text

Footnotes

f1

2008 c.28.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

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 10th 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.

Signature

Name

Minister of State

Home Office

Date

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 2000f1 and it is brought into force for these purposes by the Terrorism Act 2000 (Video Recording with Sound and Associated Codes of Practice) Order 2012f2. 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.