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Counter-Terrorism and Border Security Bill (HC Bill 249)

A

BILL

[AS AMENDED IN PUBLIC BILL COMMITTEE]

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”.

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(3) After subsection (1) insert—

(1A) A person commits an offence if the person publishes an image of—

(a) an item of clothing, or

(b) any other article,

5in 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) In subsection (1A) the reference to an image is a reference to a still or
moving image (produced by any means).”

3 10Obtaining or viewing material over the internet

(1) Section 58 of the Terrorism Act 2000 (collection of information) is amended as
follows.

(2) In subsection (1)—

(a) omit “or” at the end of paragraph (a);

(b) 15after paragraph (b) insert , or

(c) on three or more different occasions the person views by
means of the internet a document or record containing
information of that kind.”

(3) After subsection (1) insert—

(1A) 20The 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
downloading the record or otherwise), and

(b) when doing so the person knows, or has reason to believe, that
25the 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
same document or record that is viewed on each occasion or whether a
different document or record is viewed.”

4 30Encouragement 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
subsections (3) and (4).

(3) In subsection (1)—

(a) 35for 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
whom it is published,”.

(4) In subsection (3)—

(a) 40in the opening words, for “members of the public” substitute “a
reasonable person”;

(b) in paragraph (b), omit “those”.

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(5) Section 2 (dissemination of terrorist publications) is amended in accordance
with subsections (6) and (7).

(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
5other inducement, to some or all of the persons to whom it is or may become
available as a result of that conduct,”.

(7) In subsection (4)—

(a) in the opening words, after “by a” insert “reasonable”;

(b) in paragraph (b), for “that person” substitute “a person”.

5 10Extra-territorial jurisdiction

(1) In section 17 of the Terrorism Act 2006 (commission of offences abroad),
subsection (2) is amended as follows.

(2) In paragraph (a)—

(a) after “section 1” insert “or 2”, and

(b) 15omit the words from “so far as” to the end.

(3) After paragraph (c) insert—

(ca) an offence under section 13 of that Act (uniform etc associated
with proscribed organisation);”.

(4) After paragraph (d) insert—

(da) 20an offence under section 4 of the Explosive Substances Act 1883
(making or possessing explosives under suspicious
circumstances) so far as committed for the purposes of an act of
terrorism;”.

CHAPTER 2 Punishment and management of terrorist offenders

25Sentencing

6 Increase in maximum sentences

(1) The 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) 30In section 58A (eliciting, publishing or communicating information about
members of armed forces etc), in subsection (3)(a), for “10 years” substitute “15
years”.

(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”
35substitute “15 years”.

(6) In section 2 (dissemination of terrorist publications), in subsection (11)(a), for
“7 years” substitute “15 years”.

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7 Sentences for offences with a terrorist connection

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 30 (sentences for offences with a terrorist connection: England and
Wales)—

(a) 5in the heading, after “Wales” insert “and Northern Ireland”;

(b) in subsection (1), after “Wales” insert “, or in Northern Ireland,”.

(3) In 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) 10Schedule 2 (list of offences where terrorist connection to be considered) is
amended in accordance with subsections (5) and (6).

(5) In 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.

  • 15Assault and poisoning under the law of Scotland.

  • Poisoning under the law of Scotland.

  • False 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
20paragraph (a) insert—

(aa) section 18 (wounding with intent),”;

(b) after 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).

  • 25An offence under section 1 of the Protection of the Person and
    Property Act (Northern Ireland) 1969 (c. 29 (N.I.))
    (intimidation).”;

(c) after the entry relating to the Chemical Weapons Act 1996 insert—

  • “An offence under Article 6 of the Protection from Harassment
    30(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) after the entry relating to the Anti-terrorism, Crime and Security Act
2001 insert—

  • “An offence under any of the following provisions of the Firearms
    35(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)

    Article 3(2) (unauthorised possession etc of ammunition),

    (c)

    Article 58(1) (possession of firearm with intent to endanger life
    etc),

    (d)

    40Article 58(2) (possession of firearm with intent to cause person
    to believe that unlawful violence will be used etc),

    (e)

    Article 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
    45circumstances).”

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8 Extended sentences etc for terrorism offences: England and Wales

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 224 (meaning of “specified offence” etc)—

(a) in subsection (1), for “or a specified sexual offence” substitute “, a
5specified sexual offence or a specified terrorism offence”;

(b) in subsection (3), after the definition of “specified sexual offence”
insert—

  • ““specified terrorism offence” means an offence specified
    in Part 3 of that Schedule.”

(3) 10In 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) in subsection (8), in paragraph (b), at the end insert “or a specified
terrorism offence”.

(4) 15In 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) in subsection (6), in paragraph (b), at the end insert “or a specified
terrorism offence”.

(5) 20In 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—

“Part 3 Specified Terrorism Offences

25An 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
proscribed organisation).

An offence under section 54 of that Act (weapons training).

30An offence under section 56 of that Act (directing a terrorist
organisation).

An offence under section 57 of that Act (possession of article for
terrorist purposes).

An offence under section 58 of that Act (collection of information
35likely to be of use to a terrorist).

An offence under section 58A of that Act (publishing information
about members of the armed forces etc).

An offence under section 59 of that Act (inciting terrorism overseas).

An offence under section 47 of the Anti-terrorism, Crime and
40Security Act 2001 (use etc of nuclear weapons).

An offence under section 50 of that Act (assisting or inducing certain
weapons-related acts overseas).

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An offence under section 113 of that Act (use of noxious substance or
thing to cause harm or intimidate).

An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).

5An offence under section 2 of that Act (dissemination of terrorist
publications).

An 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
10terrorist training).

An offence under section 9 of that Act (making or possession of
radioactive device or material).

An offence under section 10 of that Act (misuse of radioactive device
or material for terrorist purposes etc).

15An offence under section 11 of that Act (terrorist threats relating to
radioactive devices etc).

(1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Part of this
Schedule.

(2) 20An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement 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
25of this Schedule is the offence (or one of the offences) which the
person intended or believed would be committed.”

(6) In 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 30An offence under section 11 of the Terrorism Act 2000
(membership of a proscribed organisation).

6B An offence under section 12 of that Act (inviting support for
a proscribed organisation).”;

(b) after paragraph 9 insert—

9A 35An offence under section 58 of that Act (collection of
information likely to be of use to a terrorist).

9B An offence under section 58A of that Act (publishing
information about members of the armed forces etc).”;

(c) after paragraph 13 insert—

13A 40An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).

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13B An offence under section 2 of that Act (dissemination of
terrorist publications).”;

(d) after paragraph 15 insert—

15A An offence under section 8 of that Act (attendance at a place
5used for terrorist training).”

9 Extended sentences for terrorism offences: Scotland

(1) Section 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
10terrorist offenders”.

(3) In subsection (1)—

(a) for “or violent” substitute “, violent or terrorism”;

(b) in paragraph (a)(ii), after “violent” insert “or terrorism”.

(4) In subsection (3)—

(a) 15omit “and” at the end of paragraph (a);

(b) after paragraph (b) insert , and

(c) a terrorism offence, ten years.”

(5) In subsection (10)—

(a) in the definition of “imprisonment”, omit “and” at the end of paragraph
20(ii);

(b) after that definition insert—

  • ““terrorism offence” means—

    (a)

    an offence under the following provisions of the
    Terrorism Act 2000—

    (i)

    25section 11 (membership of a proscribed
    organisation),

    (ii)

    section 12 (inviting support for a
    proscribed organisation),

    (iii)

    section 54 (weapons training),

    (iv)

    30section 56 (directing a terrorist
    organisation),

    (v)

    section 57 (possession of article for
    terrorist purposes),

    (vi)

    section 58 (collection of information
    35likely to be of use to a terrorist),

    (vii)

    section 58A (publishing information
    about members of the armed forces etc),
    or

    (viii)

    section 59 (inciting terrorism overseas),

    (b)

    40an offence under the following provisions of the
    Anti-terrorism, Crime and Security Act 2001—

    (i)

    section 47 (use etc of nuclear weapons),

    (ii)

    section 50 (assisting or inducing certain
    weapons-related acts overseas), or

    (iii)

    45section 113 (use of noxious substance or
    thing to cause harm or intimidate),

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    (c)

    an offence under the following provisions of the
    Terrorism Act 2006—

    (i)

    section 1 (encouragement of terrorism),

    (ii)

    section 2 (dissemination of terrorist
    5publications),

    (iii)

    section 5 (preparation of terrorist acts),

    (iv)

    section 6 (training for terrorism),

    (v)

    section 8 (attendance at a place used for
    terrorist training),

    (vi)

    10section 9 (making or possession of
    radioactive device or material),

    (vii)

    section 10 (misuse of radioactive device
    or material for terrorist purposes etc), or

    (viii)

    section 11 (terrorist threats relating to
    15radioactive devices etc),

    (d)

    an offence of aiding, abetting, counselling,
    procuring or inciting the commission of an
    offence specified in paragraphs (a) to (c),

    (e)

    an offence of attempting to commit such an
    20offence,

    (f)

    an offence of conspiring to commit such an
    offence; 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
25amended as follows.

(2) In Article 12 (meaning of “specified offence” etc)—

(a) in 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”
30insert—

  • ““specified terrorism offence” means an offence specified
    in 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
35specified terrorism offence”.

(4) In Schedule 2 (specified offences for the purposes of certain sentencing
provisions in Chapter 3, relating to dangerous offenders), after Part 2 insert—

“Part 3 Specified terrorism offences
1 40The Terrorism Act 2000 (c. 11)2000 (c. 11)

An offence under—

section 11 (membership of a proscribed organisation),

section 12 (inviting support for a proscribed organisation),

section 54 (weapons training),

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section 56 (directing a terrorist organisation),

section 57 (possession of article for terrorist purposes),

section 58 (collection of information likely to be of use to a terrorist),

5section 58A (publishing information about members of the armed
forces etc), or

section 59 (inciting terrorism overseas).

2 The Anti-terrorism, Crime and Security Act 2001 (c. 24)2001 (c. 24)

An offence under—

10section 47 (use etc of nuclear weapons),

section 50 (assisting or inducing certain weapons-related acts
overseas), or

section 113 (use of noxious substance or thing to cause harm or
intimidate).

3 15The Terrorism Act 2006 (c. 11)2006 (c. 11)

An offence under—

section 1 (encouragement of terrorism),

section 2 (dissemination of terrorist publications),

section 5 (preparation of terrorist acts),

20section 6 (training for terrorism),

section 8 (attendance at a place used for terrorist training),

section 9 (making or possession of radioactive device or material),

section 10 (misuse of radioactive device or material for terrorist
purposes etc), or

25section 11 (terrorist threats relating to radioactive devices etc).

4 Other offences

An offence of—

(a) aiding, abetting, counselling, procuring or inciting the
commission of an offence specified in this Part of this
30Schedule,

(b) conspiring to commit an offence so specified, or

(c) attempting 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
35this Part of this Schedule.”

Notification requirements

11 Additional requirements

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 47 (information to be notified), in subsection (2)—

(a) 40after paragraph (d) insert—

(da) all contact details on that date;”;