Counter-Terrorism and Sentencing Act 2021

2 (1) Section 8 (authorities that can apply for a serious crime prevention order) is amended as follows. U.K.

(2) The existing text becomes subsection (1).

(3) In that subsection (1)—

(a) in paragraph (a)—

(i) omit the “or” before sub-paragraph (iii);

(ii) at the end of that sub-paragraph insert “or

(iv) subject to subsection (2), a chief officer of police;”;

(b) in paragraph (aa), for “, the Lord Advocate” substitute “—

(i) the Lord Advocate; or

(ii) subject to subsection (2), the chief officer of police;”;

(c) in paragraph (b), for “, the Director of Public Prosecutions for Northern Ireland” substitute “—

(i) the Director of Public Prosecutions for Northern Ireland; or

(ii) subject to subsection (2), the chief officer of police.”

(4) After subsection (1) insert—

“(2) A chief officer of police may make an application for a serious crime prevention order only if—

(a) it is an application for an order under section 1 that is terrorism-related (see section 8A);

(b) the chief officer has consulted—

(i) the Director of Public Prosecutions, in the case of an order in England and Wales;

(ii) the Lord Advocate, in the case of an order in Scotland; or

(iii) the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and

(c) in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff).

(3) In this section “chief officer of police”—

(a) in relation to England and Wales, means the chief officer of police of a police force in England and Wales;

(b) in relation to Scotland, means the chief constable of the Police Service of Scotland;

(c) in relation to Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland.”