Counter-Terrorism and Border Security Bill (HL Bill 153)

Part 1 Counter-Terrorism

CHAPTER 1 Terrorist offences

1 5Expressions of support for a proscribed organisation

In 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 10
expression is directed will be encouraged to support a
proscribed organisation.”

2 Publication of images and seizure of articles

(1) Section 13 of the Terrorism Act 2000 (uniform) is amended as follows.

(2) 15In the heading, after “Uniform” insert “and publication of images”.

(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).”

(4) 10After subsection (3) insert—

“(4) A constable may seize an item of clothing or any other article if the
constable—

(a) reasonably suspects that it is evidence in relation to an offence
under subsection (1), and

(b) 15is satisfied that it is necessary to seize it in order to prevent the
evidence being concealed, lost, altered or destroyed.

(5) In connection with exercising the power in subsection (4), a constable
may require a person to remove the item of clothing or other article if
the person is wearing it.

(6) 20But the powers conferred by subsections (4) and (5) may not be
exercised so as to seize, or require a person to remove, an item of
clothing being worn next to the skin or immediately over a garment
being worn as underwear.”

3 Obtaining or viewing material over the internet

(1) 25Section 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) after paragraph (b) insert “, or

(c) 30the person views, or otherwise accesses, by means of the
internet a document or record containing information of
that kind.”

(3) After subsection (1) insert—

“(1A) The cases in which a person collects or makes a record for the purposes
35of subsection (1)(a) include (but are not limited to) those in which the
person does so by means of the internet (whether by downloading the
record or otherwise).”

(4) After subsection (3) insert—

“(3A) The cases in which a person has a reasonable excuse for the purposes of
40subsection (3) include (but are not limited to) those in which—

(a) at the time of the person’s action or possession the person did
not know, and had no reason to believe, that the document or
record in question contained, or was likely to contain,

information of a kind likely to be useful to a person committing
or preparing an act of terrorism, or

(b) the person’s action or possession was for the purposes of—

(i) carrying out work as a journalist, or

(ii) 5academic research.”

4 Entering or remaining in a designated area

(1) The Terrorism Act 2000 is amended as follows.

(2) After section 58A insert—

“Entering or remaining in designated areas overseas

58B 10Entering or remaining in a designated area

(1) A person commits an offence if—

(a) the person enters, or remains in, a designated area, and

(b) the person is a United Kingdom national, or a United Kingdom
resident, at the time of entering the area or at any time during
15which the person remains there.

(2) It is a defence for a person charged with an offence under this section
to prove that the person had a reasonable excuse for entering, or
remaining in, the designated area.

(3) A person does not commit an offence under this section of entering, or
20remaining in, a designated area if—

(a) the person is already travelling to, or is already in, the area on
the day on which it becomes a designated area, and

(b) the person leaves the area before the end of the period of one
month beginning with that day.

(4) 25A person does not commit an offence under this section of entering, or
remaining in, a designated area if—

(a) the person enters, or remains in, a designated area
involuntarily, or

(b) the person enters, or remains in, a designated area for or in
30connection with one or more of the purposes mentioned in
subsection (5).

(5) The purposes are—

(a) providing aid of a humanitarian nature;

(b) satisfying an obligation to appear before a court or other body
35exercising judicial power;

(c) carrying out work for the government of a country other than
the United Kingdom (including service in or with the country’s
armed forces);

(d) carrying out work for the United Nations or an agency of the
40United Nations;

(e) carrying out work as a journalist;

(f) attending the funeral of a relative or visiting a relative who is
terminally ill;

(g) providing care for a relative who is unable to care for
themselves without such assistance.

(6) But a person does not commit an offence of entering or remaining in a
designated area by virtue of subsection (4)(b) only if—

(a) 5the person enters or remains in the area exclusively for or in
connection with one or more of the purposes mentioned in
subsection (5), or

(b) in a case where the person enters or remains in the area for or in
connection with any other purpose or purposes (in addition to
10one or more of the purposes mentioned in subsection (5)), the
other purpose or purposes provide a reasonable excuse for
doing so under subsection (2).

(7) The Secretary of State may by regulations add a purpose to or remove
a purpose from subsection (5).

(8) 15Regulations under subsection (7) may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each
House of Parliament.

(9) For the purposes of subsection (5)—

(a) the reference to the provision of aid of a humanitarian nature
20does not include the provision of aid in contravention of
internationally recognised principles and standards applicable
to the provision of humanitarian aid;

(b) references to the carrying out of work do not include the
carrying out of any act which constitutes an offence in a part of
25the United Kingdom or would do so if the act occurred in a part
of the United Kingdom.

(10) A person guilty of an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding 10 years, or to
a fine, or to both.

(11) 30In this section—

• “designated area” means an area outside the United Kingdom that
  is for the time being designated for the purposes of this section
  in regulations under section 58C;

• “relative” means spouse or civil partner, brother, sister, ancestor
  35or lineal descendant;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a
  British National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a
  40British subject, or

  (c)

  a British protected person within the meaning of that
  Act;

• “United Kingdom resident” means an individual who is resident
  in the United Kingdom.

(12) 45The reference in subsection (3) to the day on which an area becomes a
designated area is a reference to the day on which regulations under
section 58C come into force designating the area for the purposes of this
section.

(13) Nothing in this section imposes criminal liability on any person acting
on behalf of, or holding office under, the Crown.

58C Section 58B: designated areas

(1) The Secretary of State may by regulations designate an area outside the
5United Kingdom as a designated area for the purposes of section 58B if
the following condition is met.

(2) The condition is that the Secretary of State is satisfied that it is
necessary, for the purpose of protecting members of the public from a
risk of terrorism, to restrict United Kingdom nationals and United
10Kingdom residents from entering, or remaining in, the area.

(3) The reference in subsection (2) to the public includes a reference to the
public of a country other than the United Kingdom.

(4) Where an area is designated by regulations under this section, the
Secretary of State must—

(a) 15keep under review whether the condition in subsection (2)
continues to be met in relation to the area, and

(b) if the Secretary of State determines that the condition is no
longer met, revoke the regulations (or revoke them so far as
they have effect in relation to that area if the regulations
20designate more than one area).

(5) Regulations under this section cease to have effect at the end of the
period of 3 years beginning with the day on which they are made
(unless they cease to have effect at an earlier time as a result of their
revocation or by virtue of section 123(6ZA)(b)).

(6) 25Subsection (5) does not prevent the making of new regulations to the
same or similar effect.

(7) In this section “designated area”, “United Kingdom national” and
“United Kingdom resident” have the same meaning as in section 58B.”

(3) In section 123 (orders and regulations), after subsection (6) insert—

“(6ZA) 30Regulations under section 58C—

(a) must be laid before Parliament after being made, and

(b) cease to have effect at the end of the period of 40 days beginning
with the day on which they are made unless before the end of
that period the regulations are approved by a resolution of each
35House of Parliament.

(6ZB) Regulations laid before Parliament under subsection (6ZA) designating
an area outside the United Kingdom must be accompanied by a
statement setting out the grounds on which the Secretary of State has
determined that the condition for making the regulations referred to in
40section 58C(2) is met in relation to that area.

(6ZC) For the purposes of subsection (6ZA) the period of 40 days is to be
computed in accordance with section 7(1) of the Statutory Instruments
Act 1946.

(6ZD) Subsection (6ZA)(b)—

(a) is without prejudice to anything previously done or to the
power of the Secretary of State to make new regulations under
section 58C;

(b) does not apply to regulations that only revoke previous
5regulations under that section.

(6ZE) Regulations under section 58C that only revoke previous regulations
under that section are subject to annulment in pursuance of a resolution
of either House of Parliament.”

5 Encouragement of terrorism and dissemination of terrorist publications

(1) 10The 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) for the words from “some” to “published” substitute “a reasonable
15person”;

(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) in the opening words, for “members of the public” substitute “a
20reasonable person”;

(b) in paragraph (b), omit “those”.

(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”
25substitute “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) In subsection (4)—

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

(b) 30in paragraph (b), for “that person” substitute “a person”.

6 Extra-territorial jurisdiction

(1) Section 17 of the Terrorism Act 2006 (commission of offences abroad) is
amended as follows.

(2) Subsection (2) is amended in accordance with subsections (3) to (5) below.

(3) 35In paragraph (a)—

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

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

(4) After paragraph (c) insert—

“(ca) an offence under section 12(1) or (1A) of that Act (inviting or
40expressing support for proscribed organisation);

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

(5) After paragraph (d) insert—

“(da) an 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
5terrorism;”.

(6) In subsection (3), after “citizen” insert “(subject to subsection (3A))”.

(7) After subsection (3) insert—

“(3A) Subsection (1) applies in the case of an offence falling within subsection
(2)(ca) or (cb) only if at the time of committing the offence the person is
10a United Kingdom national or a United Kingdom resident.

(3B) In subsection (3A)—

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a
  British National (Overseas) or a British Overseas citizen,

  (b)

  15a person who under the British Nationality Act 1981 is a
  British subject, or

  (c)

  a British protected person within the meaning of that
  Act;

• “United Kingdom resident” means an individual who is resident
  20in the United Kingdom.”

CHAPTER 2 Punishment and management of terrorist offenders

Sentencing

7 Increase in maximum sentences

(1) 25The Terrorism Act 2000 is amended in accordance with subsections (2) to (4).

(2) In section 38B (information about acts of terrorism), in subsection (5)(a), for
“five years” substitute “10 years”.

(3) In section 58 (collection of information), in subsection (4)(a), for “10 years”
substitute “15 years”.

(4) 30In section 58A (eliciting, publishing or communicating information about
members of armed forces etc), in subsection (3)(a), for “10 years” substitute “15
years”.

(5) The Terrorism Act 2006 is amended in accordance with subsections (6) and (7).

(6) In section 1 (encouragement of terrorism), in subsection (7)(a), for “7 years”
35substitute “15 years”.

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

8 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) 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)) (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))—

  (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).”

9 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)—

(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

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

155 An offence under section 12 of that Act (inviting support for a
25proscribed organisation).

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

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

158 An offence under section 57 of that Act (possession of article for
30terrorist purposes).

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

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

161 35An offence under section 58B of that Act (entering or remaining in a
designated area).

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

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

164 40An offence under section 50 of that Act (assisting or inducing certain
weapons-related acts overseas).