The Criminal Procedure Rules 2020

[F1Application for an order under the Terrorism Act 2000 or the National Security Act 2023E+W

This section has no associated Explanatory Memorandum

47.11.—(1) This rule applies where an applicant wants the court to make one of the orders to which rule 47.4(b), (c), (h) or (i) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules)—

(a)an application for an order to which rule 47.4(b) or (c) refers must—

(i)specify the offence under investigation, and

(ii)explain how the investigation constitutes a terrorist investigation or terrorist financing investigation, as appropriate, within the meaning of the Terrorism Act 2000;

(b)an application for an order to which rule 47.4(h) or (i) refers must briefly describe the relevant act under investigation or the relevant investigation taking place; and

(c)the application must—

(i)identify any respondent, and

(ii)give the information required by whichever of rules 47.12 to 47.16 applies.

[Note. ‘Terrorist investigation’ is defined by section 32 of the Terrorism Act 2000, ‘terrorist financing investigation’ by paragraph 4 of Schedule 5A to the 2000 Act and ‘terrorist property’ by section 14 of the 2000 Act.

‘Relevant act’ is defined by paragraph 1(2) of Schedule 2 to the National Security Act 2023. In summary, such an act is (i) an offence of espionage, sabotage or foreign interference in elections, (ii) conduct preparatory to such an offence, and (iii) acts or threats involving serious violence, the endangering of life or the creation of a serious risk to public health or safety where those acts or threats are carried out for a foreign power, or at the instigation or with the assistance of such a power.

The other investigations to which this rule applies are described in paragraph 1 of each of Schedules 3, 4 and 5 of the National Security Act 2023. Each concerns ‘foreign power threat activity’ as defined in section 33 of the Act.]]

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