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 “” 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.