Part 5Terrorism
Legal aid
I190Legal aid for individuals convicted of terrorism offences: data sharing
In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, after section 9A (as inserted by section 89) insert—
9BInformation relating to convictions for terrorism offences
1
The Director may make an information request to a competent authority.
2
An information request under this section may be made only for the purpose of identifying—
a
whether an individual who has applied for a determination under section 9 has been convicted of a terrorism offence, and
b
if the individual has been so convicted, details relating to that conviction.
3
An information request under this section may in particular request the disclosure of any of the following—
a
a relevant individual’s full name and any previous names;
b
a relevant individual’s address and any previous addresses;
c
a relevant individual’s date of birth;
d
a relevant individual’s national insurance number;
e
a number identifying a relevant individual in a system maintained by a body established in accordance with a collaboration agreement under section 22A of the Police Act 1996;
f
a number identifying a relevant individual in a system maintained by the Secretary of State for the management of offenders;
g
any convictions of a relevant individual;
h
any details relating to those convictions, including the date of conviction and any sentence imposed.
4
A competent authority may disclose to the Director information specified in an information request made under this section.
5
The Director may, for the purposes of deciding whether general case services are to be available to an individual under this Part, process any personal data in respect of a relevant individual disclosed by a competent authority to the Director under this section.
6
This section does not authorise the disclosure or processing of information if the disclosure or processing would contravene the data protection legislation (but, in determining whether a disclosure or processing would do so, the powers conferred by this section are to be taken into account).
7
In this section—
“competent authority” has the same meaning as in section 30 of the Data Protection Act 2018;
“general case services” and “terrorism offence” have the same meanings as in section 9A;
“personal data”, “processing” and “the data protection legislation” have the same meanings as in section 3 of the Data Protection Act 2018;
“relevant individual” means—
- a
an individual who has applied for a determination under section 9, or
- b
an individual who has been convicted of a terrorism offence.