Counter-Terrorism and Border Security Bill (HC Bill 219)
A
BILL
TO
Make provision in relation to terrorism; to make provision enabling persons at
ports and borders to be questioned for national security and other related
purposes; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1 Counter-Terrorism
CHAPTER 1 Terrorist offences
1 Expressions of support for a proscribed organisation
5In section 12 of the Terrorism Act 2000 (support), after subsection (1) insert—
“(1A) A person commits an offence if the person—
(a)
expresses an opinion or belief that is supportive of a proscribed
organisation, and
(b)
in doing so is reckless as to whether a person to whom the
10expression is directed will be encouraged to support a
proscribed organisation.”
2 Publication of images
(1) Section 13 of the Terrorism Act 2000 (uniform) is amended as follows.
(2) In the heading, after “Uniform” insert “and publication of images”.
(3) 15After subsection (1) insert—
“(1A) A person commits an offence if the person publishes an image of—
(a) an item of clothing, or
Counter-Terrorism and Border Security BillPage 2
(b) any other article,
in such a way or in such circumstances as to arouse reasonable
suspicion that the person is a member or supporter of a proscribed
organisation.
(1B)
5In subsection (1A) the reference to an image is a reference to a still or
moving image (produced by any means).”
3 Obtaining or viewing material over the internet
(1)
Section 58 of the Terrorism Act 2000 (collection of information) is amended as
follows.
(2) 10In subsection (1)—
(a) omit “or” at the end of paragraph (a);
(b) after paragraph (b) insert “, or
(c)
on three or more different occasions the person views by
means of the internet a document or record containing
15information of that kind.”
(3) After subsection (1) insert—
“(1A)
The cases in which a person collects or makes a record for the purposes
of subsection (1)(a) include those where—
(a)
the person does so by means of the internet (whether by
20downloading the record or otherwise), and
(b)
when doing so the person knows, or has reason to believe, that
the record contains, or is likely to contain, information of the
kind mentioned in subsection (1)(a).
(1B)
It does not matter for the purposes of subsection (1)(c) whether it is the
25same document or record that is viewed on each occasion or whether a
different document or record is viewed.”
4 Encouragement of terrorism and dissemination of terrorist publications
(1) The Terrorism Act 2006 is amended as follows.
(2)
Section 1 (encouragement of terrorism) is amended in accordance with
30subsections (3) and (4).
(3) In subsection (1)—
(a)
for the words from “some” to “published” substitute “a reasonable
person”;
(b)
for “to them” substitute “, to some or all of the members of the public to
35whom it is published,”.
(4) In subsection (3)—
(a)
in the opening words, for “members of the public” substitute “a
reasonable person”;
(b) in paragraph (b), omit “those”.
(5)
40Section 2 (dissemination of terrorist publications) is amended in accordance
with subsections (6) and (7).
Counter-Terrorism and Border Security BillPage 3
(6)
In subsection (3), in paragraph (a), for the words from “, by” to “them”
substitute “by a reasonable person as a direct or indirect encouragement or
other inducement, to some or all of the persons to whom it is or may become
available as a result of that conduct,”.
(7) 5In subsection (4)—
(a) in the opening words, after “by a” insert “reasonable”;
(b) in paragraph (b), for “that person” substitute “a person”.
5 Extra-territorial jurisdiction
(1)
In section 17 of the Terrorism Act 2006 (commission of offences abroad),
10subsection (2) is amended as follows.
(2) In paragraph (a)—
(a) after “section 1” insert “or 2”, and
(b) omit the words from “so far as” to the end.
(3) After paragraph (c) insert—
“(ca)
15an offence under section 13 of that Act (uniform etc associated
with proscribed organisation);”.
(4) After paragraph (d) insert—
“(da)
an offence under section 4 of the Explosive Substances Act 1883
(making or possessing explosives under suspicious
20circumstances) so far as committed for the purposes of an act of
terrorism;”.
CHAPTER 2 Punishment and management of terrorist offenders
Sentencing
6 Increase in maximum sentences
(1) 25The Terrorism Act 2000 is amended in accordance with subsections (2) and (3).
(2)
In section 58 (collection of information), in subsection (4)(a), for “10 years”
substitute “15 years”.
(3)
In section 58A (eliciting, publishing or communicating information about
members of armed forces etc), in subsection (3)(a), for “10 years” substitute “15
30years”.
(4) The Terrorism Act 2006 is amended in accordance with subsections (5) and (6).
(5)
In section 1 (encouragement of terrorism), in subsection (7)(a), for “7 years”
substitute “15 years”.
(6)
In section 2 (dissemination of terrorist publications), in subsection (11)(a), for
35“7 years” substitute “15 years”.
7 Sentences for offences with a terrorist connection
(1) The Counter-Terrorism Act 2008 is amended as follows.
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(2)
In section 30 (sentences for offences with a terrorist connection: England and
Wales)—
(a) in the heading, after “Wales” insert “and Northern Ireland”;
(b) in subsection (1), after “Wales” insert “, or in Northern Ireland,”.
(3)
5In section 42 (offences to which notification requirements apply: offences
having a terrorist connection), in subsection (1), in paragraph (a), after “Wales”
insert “and Northern Ireland”.
(4)
Schedule 2 (list of offences where terrorist connection to be considered) is
amended in accordance with subsections (5) and (6).
(5) 10In the list of common law offences, after the entry for “Abduction” insert—
-
““Assault by explosive device under the law of Scotland.
-
Assault to severe injury under the law of Scotland.
-
Assault and poisoning under the law of Scotland.
-
Poisoning under the law of Scotland.
-
15False imprisonment under the law of Northern Ireland.”
(6) In the list of statutory offences—
(a)
in the entry relating to the Offences against the Person Act 1861, after
paragraph (a) insert—
“(aa) section 18 (wounding with intent),”;
(b) 20after the entry relating to the Explosive Substances Act 1883 insert—
-
“An offence under section 20 of the Theft Act (Northern Ireland)
1969 (c. 16 (N.I.)) (blackmail). -
An offence under section 1 of the Protection of the Person and
Property Act (Northern Ireland) 1969 (c. 29 (N.I.))
25(intimidation).”;
(c) after the entry relating to the Chemical Weapons Act 1996 insert—
-
“An offence under Article 6 of the Protection from Harassment
(Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)S.I. 1997/1180 (N.I. 9)) (putting
people in fear of violence).”;
(d)
30after the entry relating to the Anti-terrorism, Crime and Security Act
2001 insert—
-
“An offence under any of the following provisions of the Firearms
(Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3))—(a)Article 3(1) (unauthorised possession etc of firearm),
(b)35Article 3(2) (unauthorised possession etc of ammunition),
(c)Article 58(1) (possession of firearm with intent to endanger life
etc),(d)Article 58(2) (possession of firearm with intent to cause person
to believe that unlawful violence will be used etc),(e)40Article 60 (carrying a firearm with criminal intent),
(f)Article 61 (carrying or discharging a firearm in a public place),
(g)Article 64 (possession of firearm or ammunition in suspicious
circumstances).”
8 Extended sentences etc for terrorism offences: England and Wales
(1) 45The Criminal Justice Act 2003 is amended as follows.
(2) In section 224 (meaning of “specified offence” etc)—
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(a)
in subsection (1), for “or a specified sexual offence” substitute “, a
specified sexual offence or a specified terrorism offence”;
(b)
in subsection (3), after the definition of “specified sexual offence”
insert—
-
5“““specified terrorism offence” means an offence specified
in Part 3 of that Schedule.”
(3)
In section 226A (extended sentence for certain violent or sexual offences:
persons 18 or over)—
(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;
(b)
10in subsection (8), in paragraph (b), at the end insert “or a specified
terrorism offence”.
(4)
In section 226B (extended sentence for certain violent or sexual offences:
persons under 18)—
(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;
(b)
15in subsection (6), in paragraph (b), at the end insert “or a specified
terrorism offence”.
(5)
In Schedule 15 (specified offences for the purposes of certain sentencing
provisions in Chapter 5 of Part 12, relating to dangerous offenders), after Part
2 insert—
20““Part 3 Specified Terrorism Offences
An offence under section 11 of the Terrorism Act 2000 (membership
of a proscribed organisation).
An offence under section 12 of that Act (inviting support for a
25proscribed organisation).
An offence under section 54 of that Act (weapons training).
An offence under section 56 of that Act (directing a terrorist
organisation).
An offence under section 57 of that Act (possession of article for
30terrorist purposes).
An offence under section 58 of that Act (collection of information
likely to be of use to a terrorist).
An offence under section 58A of that Act (publishing information
about members of the armed forces etc).
35An offence under section 59 of that Act (inciting terrorism overseas).
An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).
An offence under section 50 of that Act (assisting or inducing certain
weapons-related acts overseas).
40An offence under section 113 of that Act (use of noxious substance or
thing to cause harm or intimidate).
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An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).
An offence under section 2 of that Act (dissemination of terrorist
publications).
5An offence under section 5 of that Act (preparation of terrorist acts).
An offence under section 6 of that Act (training for terrorism).
An offence under section 8 of that Act (attendance at a place used for
terrorist training).
An offence under section 9 of that Act (making or possession of
10radioactive device or material).
An offence under section 10 of that Act (misuse of radioactive device
or material for terrorist purposes etc).
An offence under section 11 of that Act (terrorist threats relating to
radioactive devices etc).
(1)
15Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Part of this
Schedule.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) 20Incitement to commit such an offence.
(5)
An offence under Part 2 of the Serious Crime Act 2007 in relation to
which an offence specified in the preceding paragraphs of this Part
of this Schedule is the offence (or one of the offences) which the
person intended or believed would be committed.”
(6)
25In Schedule 18A (offences in relation to which a special custodial sentence for
offenders of particular concern may be imposed under section 236A)—
(a) after paragraph 6 insert—
“6A
An offence under section 11 of the Terrorism Act 2000
(membership of a proscribed organisation).
6B
30An offence under section 12 of that Act (inviting support for
a proscribed organisation).”;
(b) after paragraph 9 insert—
“9A
An offence under section 58 of that Act (collection of
information likely to be of use to a terrorist).
9B
35An offence under section 58A of that Act (publishing
information about members of the armed forces etc).”;
(c) after paragraph 13 insert—
“13A
An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).
13B
40An offence under section 2 of that Act (dissemination of
terrorist publications).”;
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(d) after paragraph 15 insert—
“15A
An offence under section 8 of that Act (attendance at a place
used for terrorist training).”
9 Extended sentences for terrorism offences: Scotland
(1)
5Section 210A of the Criminal Procedure (Scotland) Act 1995 (extended
sentences for sex and violent offenders) is amended as follows.
(2)
In the heading, for “sex and violent offenders” substitute “sex, violent and
terrorist offenders”.
(3) In subsection (1)—
(a) 10for “or violent” substitute “, violent or terrorism”;
(b) in paragraph (a)(ii), after “violent” insert “or terrorism”.
(4) In subsection (3)—
(a) omit “and” at the end of paragraph (a);
(b) after paragraph (b) insert “, and
(c) 15a terrorism offence, ten years.”
(5) In subsection (10)—
(a)
in the definition of “imprisonment”, omit “and” at the end of paragraph
(ii);
(b) after that definition insert—
-
20“““terrorism offence” means—
(a)an offence under the following provisions of the
Terrorism Act 2000—(i)section 11 (membership of a proscribed
organisation),(ii)25section 12 (inviting support for a
proscribed organisation),(iii)section 54 (weapons training),
(iv)section 56 (directing a terrorist
organisation),(v)30section 57 (possession of article for
terrorist purposes),(vi)section 58 (collection of information
likely to be of use to a terrorist),(vii)section 58A (publishing information
35about members of the armed forces etc),
or(viii)section 59 (inciting terrorism overseas),
(b)an offence under the following provisions of the
Anti-terrorism, Crime and Security Act 2001—(i)40section 47 (use etc of nuclear weapons),
(ii)section 50 (assisting or inducing certain
weapons-related acts overseas), or(iii)section 113 (use of noxious substance or
thing to cause harm or intimidate),(c)45an offence under the following provisions of the
Terrorism Act 2006—Counter-Terrorism and Border Security BillPage 8
(i)section 1 (encouragement of terrorism),
(ii)section 2 (dissemination of terrorist
publications),(iii)section 5 (preparation of terrorist acts),
(iv)5section 6 (training for terrorism),
(v)section 8 (attendance at a place used for
terrorist training),(vi)section 9 (making or possession of
radioactive device or material),(vii)10section 10 (misuse of radioactive device
or material for terrorist purposes etc), or(viii)section 11 (terrorist threats relating to
radioactive devices etc),(d)an offence of aiding, abetting, counselling,
15procuring or inciting the commission of an
offence specified in paragraphs (a) to (c),(e)an offence of attempting to commit such an
offence,(f)an offence of conspiring to commit such an
20offence; and”.
10 Extended sentences for terrorism offences: Northern Ireland
(1)
The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)) is
amended as follows.
(2) In Article 12 (meaning of “specified offence” etc)—
(a)
25in paragraph (1), for “or a specified sexual offence” substitute “, a
specified sexual offence or a specified terrorism offence”;
(b)
in paragraph (3), after the definition of “specified sexual offence”
insert—
-
“““specified terrorism offence” means an offence specified
30in Part 3 of that Schedule.”
(3)
In Article 14 (extended custodial sentence for certain violent or sexual
offences), in paragraph (8), in sub-paragraph (b) at the end insert “or a
specified terrorism offence”.
(4)
In Schedule 2 (specified offences for the purposes of certain sentencing
35provisions in Chapter 3, relating to dangerous offenders), after Part 2 insert—
““Part 3 Specified terrorism offences
1 The Terrorism Act 2000 (c. 11)2000 (c. 11)
An offence under—
40section 11 (membership of a proscribed organisation),
section 12 (inviting support for a proscribed organisation),
section 54 (weapons training),
section 56 (directing a terrorist organisation),
section 57 (possession of article for terrorist purposes),
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section 58 (collection of information likely to be of use to a terrorist),
section 58A (publishing information about members of the armed
forces etc), or
5section 59 (inciting terrorism overseas).
2 The Anti-terrorism, Crime and Security Act 2001 (c. 24)2001 (c. 24)
An offence under—
section 47 (use etc of nuclear weapons),
section 50 (assisting or inducing certain weapons-related acts
10overseas), or
section 113 (use of noxious substance or thing to cause harm or
intimidate).
3 The Terrorism Act 2006 (c. 11)2006 (c. 11)
An offence under—
15section 1 (encouragement of terrorism),
section 2 (dissemination of terrorist publications),
section 5 (preparation of terrorist acts),
section 6 (training for terrorism),
section 8 (attendance at a place used for terrorist training),
20section 9 (making or possession of radioactive device or material),
section 10 (misuse of radioactive device or material for terrorist
purposes etc), or
section 11 (terrorist threats relating to radioactive devices etc).
4 Other offences
25An offence of—
(a)
aiding, abetting, counselling, procuring or inciting the
commission of an offence specified in this Part of this
Schedule,
(b) conspiring to commit an offence so specified, or
(c) 30attempting to commit an offence so specified.
An offence under Part 2 of the Serious Crime Act 2007 (c. 27)2007 (c. 27)
(encouraging or assisting crime) in relation to an offence specified in
this Part of this Schedule.”
Notification requirements
11 35Additional requirements
(1) The Counter-Terrorism Act 2008 is amended as follows.
(2) In section 47 (information to be notified), in subsection (2)—
(a) after paragraph (d) insert—
“(da) all contact details on that date;”;
(b) 40after paragraph (f) insert—
“(fa)
all contact details on the date on which notification is
made;”;