New regime to protect the public from terrorism
3Conditions A to E
1
Condition A is that the Secretary of State F1is satisfied, on the balance of probabilities, that the individual is, or has been, involved in terrorism-related activity (the “relevant activity”).
2
Condition B is that some or all of the relevant activity is new terrorism-related activity.
3
Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for terrorism prevention and investigation measures to be imposed on the individual.
4
Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity, for the specified terrorism prevention and investigation measures to be imposed on the individual.
5
Condition E is that—
a
the court gives the Secretary of State permission under section 6, or
b
the Secretary of State reasonably considers that the urgency of the case requires terrorism prevention and investigation measures to be imposed without obtaining such permission.
6
In this section “new terrorism-related activity” means—
a
if no TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring at any time (whether before or after the coming into force of this Act);
b
if only one TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring after that notice came into force; or
c
if two or more TPIM notices relating to the individual have been in force, terrorism-related activity occurring after such a notice came into force most recently.