Terrorism Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
1

A
Bill
To
make provision for and about offences relating to conduct carried out, or
capable of being carried out, for purposes connected with terrorism; to amend
enactments relating to terrorism; to amend the Intelligence Services Act 1994
and the Regulation of Investigatory Powers Act 2000; 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
Offences
Encouragement etc. of terrorism
1
Encouragement of terrorism
(1)
A person commits an offence if—
5
(a)
he publishes a statement or causes another to publish a statement on his
behalf; and
(b)
at the time he does so—
(i)
he knows or believes, or
(ii)
he has reasonable grounds for believing,
10

that members of the public to whom the statement is or is to be
published are likely to understand it as a direct or indirect
encouragement or other inducement to the commission, preparation or
instigation of acts of terrorism or Convention offences.
(2)
For the purposes of this section the statements that are likely to be understood
15
by members of the public as indirectly encouraging the commission or
preparation of acts of terrorism or Convention offences include every
statement which—

Bill 55 54/1

Terrorism Bill
Part 1 — Offences
2

(a)
glorifies the commission or preparation (whether in the past, in the
future or generally) of such acts or offences; and
(b)
is a statement from which those members of the public could
reasonably be expected to infer that what is being glorified is being
glorified as conduct that should be emulated in existing circumstances.
5
(3)
For the purposes of this section the questions what it would be reasonable to
believe about how members of the public will understand a statement and
what they could reasonably be expected to infer from a statement must be
determined having regard both—
(a)
to the contents of the statement as a whole; and
10
(b)
to the circumstances and manner in which it is or is to be published.
(4)
It is irrelevant for the purposes of subsections (1) and (2)—
(a)
whether the statement relates to the commission, preparation or
instigation of one or more particular acts of terrorism or Convention
offences, of acts of terrorism or Convention offences of a particular
15
description or of acts of terrorism or Convention offences generally;
and
(b)
whether any person is in fact encouraged or induced by the statement
to commit, prepare or instigate any such act or offence.
(5)
In proceedings against a person for an offence under this section it is a defence
20
for him to show—
(a)
that he published the statement in respect of which he is charged, or
caused it to be published, only in the course of the provision or use by
him of a service provided electronically;
(b)
that the statement neither expressed his views nor had his endorsement
25
(whether by virtue of section 3 or otherwise); and
(c)
that it was clear, in all the circumstances, that it did not express his
views and (apart from the possibility of his having been given and
failed to comply with a notice under subsection (3) of that section) did
not have his endorsement.
30
(6)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
7 years or to a fine, or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
35
maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
exceeding the statutory maximum, or to both.
(7)
In relation to an offence committed before the commencement of section 154(1)
40
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(b) to 12
months is to be read as a reference to 6 months.
2
Dissemination of terrorist publications
(1)
A person commits an offence if he—
(a)
distributes or circulates a terrorist publication;
45
(b)
gives, sells or lends such a publication;
(c)
offers such a publication for sale or loan;

Terrorism Bill
Part 1 — Offences
3

(d)
provides a service to others that enables them to obtain, read, listen to
or look at such a publication, or to acquire it by means of a gift, sale or
loan;
(e)
transmits the contents of such a publication electronically; or
(f)
has such a publication in his possession with a view to its becoming the
5
subject of conduct falling with any of paragraphs (a) to (e).
(2)
For the purposes of this section a publication is a terrorist publication, in
relation to conduct falling within subsection (1)(a) to (f) if matter contained in
it constitutes, in the context of that conduct—
(a)
a direct or indirect encouragement or other inducement to the
10
commission, preparation or instigation of acts of terrorism; or
(b)
information of assistance in the commission or preparation of such acts.
(3)
In the context of conduct falling within subsection (1)(a) to (f), matter
constitutes a direct or indirect encouragement or other inducement to the
commission, preparation or instigation of acts of terrorism if, and only if, it is
15
likely to be understood as such an encouragement or other inducement by
some or all of the persons to whom it is or is likely to be available in
consequence of that conduct.
(4)
For the purposes of this section matter that is likely to be understood by a
person as indirectly encouraging the commission or preparation of acts of
20
terrorism includes any matter which—
(a)
glorifies the commission or preparation (whether in the past, in the
future or generally) of such acts; and
(b)
is matter from which that person could reasonably be expected to infer
that what is being glorified is being glorified as conduct that should be
25
emulated in existing circumstances.
(5)
In the context of conduct falling within subsection (1)(a) to (f), matter
constitutes information of assistance in the commission or preparation of acts
of terrorism if, and only if—
(a)
it is information that is capable of being useful in the commission or
30
preparation of such acts; and
(b)
it is likely to be understood, by some or all of the persons to whom it is
or is likely to be available in consequence of that conduct, as contained
in the publication wholly or mainly for the purpose of being so useful.
(6)
For the purposes of this section the question whether a publication is a terrorist
35
publication in the context of particular conduct must be determined—
(a)
as at the time of that conduct; and
(b)
having regard both to the contents of the publication as a whole and to
the circumstances in which that conduct occurs.
(7)
It is irrelevant for the purposes of this section whether—
40
(a)
what is likely to be understood as an encouragement or other
inducement, or
(b)
the usefulness mentioned in subsection (5),

is in relation to the commission, preparation or instigation of one or more
particular acts of terrorism, of acts of terrorism of a particular description or of
45
acts of terrorism generally.
(8)
In proceedings against a person for an offence under this section it is a defence
for him to show—

Terrorism Bill
Part 1 — Offences
4

(a)
that he had not examined the publication in respect of which he is
charged;
(b)
that he had no reasonable grounds for suspecting that it was a terrorist
publication; and
(c)
that the matter contained in the publication by reference to which it was
5
a terrorist publication did not have his endorsement (whether by virtue
of section 3 or otherwise).
(9)
In proceedings against a person for an offence under this section in respect of
any conduct falling within subsection (1)(a) to (f) it is a defence for him to
show—
10
(a)
that he engaged in that conduct only in the course of, or in connection
with, the provision or use by him of a service provided electronically;
(b)
that the publication to which the conduct related, so far as it contained
matter by reference to which it was a terrorist publication by virtue of
subsection (2)(a), neither expressed his views nor had his endorsement
15
(whether by virtue of section 3 or otherwise);
(c)
that it was clear in all the circumstances that the publication, so far as it
contained such matter, did not express his views and (apart from the
possibility of his having been given and failed to comply with a notice
under subsection (3) of that section) did not have his endorsement; and
20
(d)
that the conduct in relation to that publication, so far as it contained
matter by reference to which it was a terrorist publication by virtue of
subsection (2)(b), was not intended by him to provide or make available
assistance to any person in the commission or preparation of acts of
terrorism.
25
(10)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
7 years or to a fine, or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
30
maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
exceeding the statutory maximum, or to both.
(11)
In relation to an offence committed before the commencement of section 154(1)
35
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (10)(b) to 12
months is to be read as a reference to 6 months.
(12)
In this section
“lend” includes let on hire, and “loan” is to be construed accordingly;
“publication” means an article or record of any description that contains
40
any of the following, or any combination of them—
(a)
matter to be read;
(b)
matter to be listened to;
(c)
matter to be looked at or watched.
3
Application of ss. 1 and 2 to internet activity etc.
45
(1)
This section applies for the purposes of sections 1 and 2 in relation to cases
where—

Terrorism Bill
Part 1 — Offences
5

(a)
a statement is published or caused to be published in the course of the
provision or use of a service provided electronically; or
(b)
conduct falling within section 2(1)(a) to (f) was in the course of, or in
connection with, the provision or use of such a service.
(2)
The cases in which the statement, or the article or record to which the conduct
5
relates, is to be regarded as having the endorsement of a person (“the relevant
person”) at any time include a case in which—
(a)
a constable has given him a notice under subsection (3);
(b)
that time falls more than 2 days after the day on which the notice was
given; and
10
(c)
the relevant person has failed, without reasonable excuse, to comply
with the notice.
(3)
A notice under this subsection is a notice which—
(a)
declares that, in the opinion of the constable giving it, the statement or
the article or record is unlawfully terrorism-related;
15
(b)
requires the relevant person to secure that the statement or the article
or record, so far as it is so related, is not available to the public or is
modified so as no longer to be so related;
(c)
warns the relevant person that a failure to comply with the notice
within 2 days will result in the statement, or the article or record, being
20
regarded as having his endorsement; and
(d)
explains how, under subsection (4), he may become liable by virtue of
the notice if the statement, or the article or record, becomes available to
the public after he has complied with the notice.
(4)
Where—
25
(a)
a notice under subsection (3) has been given to the relevant person in
respect of a statement, or an article or record, and he has complied with
it, but
(b)
he subsequently publishes or causes to be published a statement which
is, or is for all practical purposes, the same or to the same effect as the
30
statement to which the notice related, or to matter contained in the
article or record to which it related, (a “repeat statement”);

the requirements of subsection (2)(a) to (c) shall be regarded as satisfied in the
case of the repeat statement in relation to the times of its subsequent
publication by the relevant person.
35
(5)
In proceedings against a person for an offence under section 1 or 2 the
requirements of subsection (2)(a) to (c) are not, in his case, to be regarded as
satisfied in relation to any time by virtue of subsection (4) if he shows that he—
(a)
has, before that time, taken every step he reasonably could to prevent a
repeat statement from becoming available to the public and to ascertain
40
whether it does; and
(b)
was, at that time, a person to whom subsection (6) applied.
(6)
This subsection applies to a person at any time when he—
(a)
is not aware of the publication of the repeat statement; or
(b)
having become aware of its publication, has taken every step that he
45
reasonably could to secure that it either ceased to be available to the
public or was modified as mentioned in subsection (3)(b).

Terrorism Bill
Part 1 — Offences
6

(7)
For the purposes of this section a statement or an article or record is unlawfully
terrorism-related if it constitutes, or if matter contained in the article or record
constitutes—
(a)
something that is capable of being understood as a direct or indirect
encouragement or other inducement to the commission, preparation or
5
instigation of acts of terrorism or Convention offences; or
(b)
information which—
(i)
is capable of being useful in the commission or preparation of
such acts; and
(ii)
is in a form or context in which it is capable of being understood
10
as being wholly or mainly for the purpose of being so useful.
(8)
The reference in subsection (7) to something that is capable of being
understood as an indirect encouragement to the commission or preparation of
acts of terrorism or Convention offences includes anything which is capable of
being understood as—
15
(a)
the glorification of the commission or preparation (whether in the past,
in the future or generally) of such acts or such offences; and
(b)
a suggestion that what is being glorified is being glorified as conduct
that should be emulated in existing circumstances.
4
Giving of notices under s. 3
20
(1)
Except in a case to which any of subsections (2) to (4) applies, a notice under
section 3(3) may be given to a person only—
(a)
by delivering it to him in person; or
(b)
by sending it to him, by means of a postal service providing for delivery
to be recorded, at his last known address.
25
(2)
Such a notice may be given to a body corporate only—
(a)
by delivering it to the secretary of that body in person; or
(b)
by sending it to the appropriate person, by means of a postal service
providing for delivery to be recorded, at the address of the registered
or principal office of the body.
30
(3)
Such a notice may be given to a firm only—
(a)
by delivering it to a partner of the firm in person;
(b)
by so delivering it to a person having the control or management of the
partnership business; or
(c)
by sending it to the appropriate person, by means of a postal service
35
providing for delivery to be recorded, at the address of the principal
office of the partnership.
(4)
Such a notice may be give to an unincorporated body or association only—
(a)
by delivering it to a member of its governing body in person; or
(b)
by sending it to the appropriate person, by means of a postal service
40
providing for delivery to be recorded, at the address of the principal
office of the body or association.
(5)
In the case of—
(a)
a company registered outside the United Kingdom,
(b)
a firm carrying on business outside the United Kingdom, or
45
(c)
an unincorporated body or association with offices outside the United
Kingdom,

Terrorism Bill
Part 1 — Offences
7


the references in this section to its principal office include references to its
principal office within the United Kingdom (if any).
(6)
In this section “the appropriate person” means—
(a)
in the case of a body corporate, the body itself or its secretary;
(b)
in the case of a firm, the firm itself or a partner of the firm or a person
5
having the control or management of the partnership business; and
(c)
in the case of an unincorporated body or association, the body or
association itself or a member of its governing body.
(7)
For the purposes of section 3 the time at which a notice under subsection (3) of
that section is to be regarded as given is—
10
(a)
where it is delivered to a person, the time at which it is so delivered;
and
(b)
where it is sent by a postal service providing for delivery to be
recorded, the time recorded as the time of its delivery.
(8)
In this section “secretary”, in relation to a body corporate, means the secretary
15
or other equivalent officer of the body.
Preparation of terrorist acts and terrorist training
5
Preparation of terrorist acts
(1)
A person commits an offence if, with the intention of—
(a)
committing acts of terrorism, or
20
(b)
assisting another to commit such acts,

he engages in any conduct in preparation for giving effect to his intention.
(2)
It is irrelevant for the purposes of subsection (1) whether the intention and
preparations relate to one or more particular acts of terrorism, acts of terrorism
of a particular description or acts of terrorism generally.
25
(3)
A person guilty of an offence under this section shall be liable, on conviction
on indictment, to imprisonment for life.
6
Training for terrorism
(1)
A person commits an offence if—
(a)
he provides instruction or training in any of the skills mentioned in
30
subsection (3); and
(b)
at the time he provides the instruction or training, he knows or suspects
that a person receiving it intends to use the skills in which he is being
instructed or trained—
(i)
for or in connection with the commission or preparation of acts
35
of terrorism or Convention offences; or
(ii)
for assisting the commission or preparation by others of such
acts or offences.
(2)
A person commits an offence if—
(a)
he receives instruction or training in any of the skills mentioned in
40
subsection (3); and
(b)
at the time of the instruction or training, he intends to use the skills in
which he is being instructed or trained—