Terrorism Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
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Maximum penalty for contravening notice relating to encrypted information
(1)
In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence
of contravening disclosure requirement)—
(a)
in paragraph (a) of subsection (5), for “two years” substitute “the
appropriate maximum term”; and
5
(b)
after that subsection insert the subsections set out in subsection (2).
(2)
The inserted subsections are—
“(5A)
In subsection (5) ‘the appropriate maximum term’ means—
(a)
in a national security case, five years; and
(b)
in any other case, two years.
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(5B)
In subsection (5A) ‘a national security case’ means a case in which the
grounds specified in the notice to which the offence relates as the
grounds for imposing a disclosure requirement were or included a
belief that the imposition of the requirement was necessary in the
interests of national security.”
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(3)
This section does not apply to offences committed before the commencement
of this section.
Incidental provisions about offences
16
Preparatory hearings in terrorism cases
(1)
Section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power
20
to order preparatory hearing) is amended as follows.
(2)
Before subsection (2) insert—
“(1B)
An order that a preparatory hearing shall be held must be made by a
judge of the Crown Court in every case which (whether or not it falls
within subsection (1) or (1A)) is a case in which at least one of the
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offences charged by the indictment against at least one of the persons
charged is a terrorism offence.
(1C)
An order that a preparatory hearing shall be held must also be made by
a judge of the Crown court in every case which (whether or not it falls
within subsection (1) or (1A)) is a case in which—
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(a)
at least one of the offences charged by the indictment against at
least one of the persons charged is an offence carrying a
maximum of at least 10 years’ imprisonment; and
(b)
it appears to the judge that evidence on the indictment reveals
that conduct in respect of which that offence is charged had a
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terrorist connection.”
(3)
For subsection (3) (no order in serious and complex fraud cases) substitute—
“(3)
In a case in which it appears to a judge of the Crown Court that
evidence on an indictment reveals a case of fraud of such seriousness or
complexity as is mentioned in section 7 of the Criminal Justice Act 1987
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(preparatory hearings in cases of serious or complex fraud)—
(a)
the judge may make an order for a preparatory hearing under
this section only if he is required to do so by subsection (1B) or
(1C);

Terrorism Bill
Part 1 — Offences
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(b)
before making an order in pursuance of either of those
subsections, he must determine whether to make an order for a
preparatory hearing under that section; and
(c)
he is not required by either of those subsections to make an
order for a preparatory hearing under this section if he
5
determines that an order should be made for a preparatory
hearing under that section;

and, in a case in which an order is made for a preparatory hearing
under that section, requirements imposed by those subsections apply
only if that order ceases to have effect.”
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(4)
In subsection (4) (orders to be capable of being made on application or on the
judge’s own motion), for the words before paragraph (a) substitute—
“(4)
An order that a preparatory hearing shall be held may be made—”
(5)
After sub-paragraph (5) insert—
“(6)
In this section ‘terrorism offence’ means—
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(a)
an offence under section 11 or 12 of the Terrorism Act 2000
(c. 11) (offences relating to proscribed organisations);
(b)
an offence under any of sections 15 to 18 of that Act (offences
relating to terrorist property);
(c)
an offence under section 38B of that Act (failure to disclose
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information about acts of terrorism);
(d)
an offence under section 54 of that Act (weapons training);
(e)
an offence under any of sections 56 to 59 of that Act (directing
terrorism, possessing things and collecting information for the
purposes of terrorism and inciting terrorism outside the United
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Kingdom);
(f)
an offence in respect of which there is jurisdiction by virtue of
section 62 of that Act (extra-territorial jurisdiction in respect of
certain offences committed outside the United Kingdom for the
purposes of terrorism etc.);
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(g)
an offence under Part 1 of the Terrorism Act 2005
(miscellaneous terrorist related offences);
(h)
conspiring or attempting to commit a terrorism offence;
(i)
incitement to commit a terrorism offence.
(7)
For the purposes of this section an offence carries a maximum of at least
35
10 years’ imprisonment if—
(a)
it is punishable, on conviction on indictment, with
imprisonment; and
(b)
the maximum term of imprisonment that may be imposed on
conviction on indictment of that offence is 10 years or more or
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is imprisonment for life.
(8)
For the purposes of this section conduct has a terrorist connection if it
is or takes place in the course of an act of terrorism or is for the purposes
of terrorism.
(9)
In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism
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Act 2000 (see section 1 of that Act).”

Terrorism Bill
Part 1 — Offences
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Commission of offences abroad
(1)
If—
(a)
a person does anything outside the United Kingdom, and
(b)
his action, if done in a part of the United Kingdom, would constitute an
offence falling within subsection (2),
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he shall be guilty in that part of the United Kingdom of the offence.
(2)
The offences falling within this subsection are—
(a)
an offence under this Part of this Act;
(b)
an offence under section 11(1) of the Terrorism Act 2000 (c. 11)
(membership of proscribed organisations);
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(c)
an offence under section 54 of that Act (weapons training);
(d)
conspiracy to commit an offence falling within this subsection;
(e)
inciting a person to commit such an offence;
(f)
attempting to commit such an offence;
(g)
aiding, abetting, counselling or procuring the commission of such an
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offence.
(3)
Subsection (1) applies irrespective of whether the person is a British citizen or,
in the case of a company, a company incorporated in a part of the United
Kingdom.
(4)
In the case of an offence falling within subsection (2) which is committed
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wholly or partly outside the United Kingdom—
(a)
proceedings for the offence may be taken at any place in the United
Kingdom; and
(b)
the offence may for all incidental purposes be treated as having been
committed at any such place.
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(5)
In section 3(1)(a) and (b) of the Explosive Substances Act 1883 (c. 3) (offences
committed in preparation for use of explosives with intent to endanger life or
property in the United Kingdom or the Republic of Ireland), in each place, for
“the Republic of Ireland” substitute “elsewhere”.
(6)
Subsection (5) does not extend to Scotland except in relation to—
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(a)
the doing of an act as an act of terrorism or for the purposes of
terrorism; or
(b)
the possession or control of a substance for the purposes of terrorism.
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Liability of company directors etc.
(1)
Where an offence under this Part is committed by a body corporate and is
35
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body
corporate, or
(b)
a person who was purporting to act in any such capacity,
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he (as well as the body corporate) is guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2)
Where an offence under this Part—
(a)
is committed by a Scottish firm, and

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Part 1 — Offences
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(b)
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, a partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(3)
In this section “director”, in relation to a body corporate whose affairs are
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managed by its members, means a member of the body corporate.
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Consents to prosecutions
(1)
Proceedings for an offence under this Part—
(a)
may be instituted in England and Wales only with the consent of the
Director of Public Prosecutions; and
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(b)
may be instituted in Northern Ireland only with the consent of the
Director of Public Prosecutions for Northern Ireland.
(2)
But if it appears to the Director of Public Prosecutions or the Director of Public
Prosecutions for Northern Ireland that an offence under this Part has been
committed for a purpose wholly or partly connected with the affairs of a
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country other than the United Kingdom, his consent for the purposes of this
section may be given only with the permission—
(a)
in the case of the Director of Public Prosecutions, of the Attorney
General; and
(b)
in the case of the Director of Public Prosecutions for Northern Ireland,
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of the Advocate General for Northern Ireland.
(3)
In relation to any time before the coming into force of section 27(1) of the Justice
(Northern Ireland) Act 2002 (c. 26), the reference in subsection (2)(b) to the
Advocate General for Northern Ireland is to be read as a reference to the
Attorney General for Northern Ireland.
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Interpretation of Part 1
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Interpretation of Part 1
(1)
Expressions used in this Part and in the Terrorism Act 2000 (c. 11) have the
same meanings in this Part as in that Act.
(2)
In this Part—
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“act of terrorism” includes anything constituting an action taken for the
purposes of terrorism, within the meaning of the Terrorism Act 2000
(see section 1(5) of that Act);
“article” includes anything for storing data;
“Convention offence” means an offence listed in Schedule 1 or an
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equivalent offence under the law of a country or territory outside the
United Kingdom;
“glorification” includes any form of praise or celebration, and cognate
expressions are to be construed accordingly;
“public” is to be construed in accordance with subsection (3);
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“publish” and cognate expressions are to be construed in accordance with
subsection (4);
“record” means a record so far as not comprised in an article, including a
temporary record created electronically and existing solely in the

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Part 1 — Offences
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course of, and for the purposes of, the transmission of the whole or a
part of its contents;
“statement” is to be construed in accordance with subsection (6).
(3)
In this Part references to the public—
(a)
are references to the public of any part of the United Kingdom or of a
5
country or territory outside the United Kingdom, or any section of the
public; and
(b)
except in section 9(4), also include references to a meeting or other
group of persons which is open to the public (whether unconditionally
or on the making of a payment or the satisfaction of other conditions).
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(4)
In this Part references to a person’s publishing a statement are references to—
(a)
his publishing it in any manner to the public;
(b)
his providing electronically any service by means of which the public
have access to the statement; or
(c)
his using a service provided to him electronically by another so as to
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enable or to facilitate access by the public to the statement;

but this subsection does not apply to the references to a publication in section 2.
(5)
In this Part references to providing a service include references to making a
facility available; and references to a service provided to a person are to be
construed accordingly.
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(6)
In this Part references to a statement are references to a communication of any
description, including a communication without words consisting of sounds or
images or both.
(7)
In this Part references to conduct that should be emulated in existing
circumstances include references to conduct that is of a description of conduct
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that should be so emulated
(8)
In this Part references to what is contained in an article or record include
references—
(a)
to anything that is embodied or stored in or on it; and
(b)
to anything that may be reproduced from it using apparatus designed
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or adapted for the purpose.
(9)
The Secretary of State may by order made by statutory instrument—
(a)
modify Schedule 1 so as to add an offence to the offences listed in that
Schedule;
(b)
modify that Schedule so as to remove an offence from the offences so
35
listed;
(c)
make supplemental, incidental, consequential or transitional provision
in connection with the addition or removal of an offence.
(10)
An order under subsection (9) may add an offence in or as regards Scotland to
the offences listed in Schedule 1 to the extent only that a provision creating the
40
offence would be outside the legislative competence of the Scottish Parliament.
(11)
The Secretary of State must not make an order containing (with or without
other provision) any provision authorised by subsection (9) unless a draft of
the order has been laid before Parliament and approved by a resolution of each
House.
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Terrorism Bill
Part 2 — Miscellaneous provisions
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Part 2
Miscellaneous provisions
Proscription of terrorist organisations
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Grounds of proscription
In section 3 of the Terrorism Act 2000 (c. 11) (proscription of organisations),
5
after subsection (5) insert—
“(5A)
The cases in which an organisation promotes or encourages terrorism
for the purposes of subsection (5)(c) include any case in which activities
of the organisation—
(a)
include the unlawful glorification of the commission or
10
preparation (whether in the past, in the future or generally) of
acts of terrorism; or
(b)
are carried out in a manner that ensures that the organisation is
associated with statements containing any such glorification.
(5B)
The glorification of any conduct is unlawful for the purposes of
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subsection (5A) if there are persons who may become aware of it who
could reasonably be expected to infer that what is being glorified, is
being glorified as—
(a)
conduct that should be emulated in existing circumstances, or
(b)
conduct of a description of conduct that should be so emulated.
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(5C)
In this section—
‘glorification’ includes any form of praise or celebration, and
cognate expressions are to be construed accordingly;
‘statement’ includes a communication without words consisting
of sounds or images or both.”
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22
Name changes by proscribed organisations
(1)
The Terrorism Act 2000 is amended as follows.
(2)
In section 3 (proscription of organisations), at the end insert—
“(6)
Where the Secretary of State believes—
(a)
that an organisation listed in Schedule 2 is operating wholly or
30
partly under a name that is not specified in that Schedule
(whether as well as or instead of under the specified name), or
(b)
that an organisation that is operating under a name that is not
so specified is otherwise for all practical purposes the same as
an organisation so listed,
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he may, by order, provide that the name that is not specified in that
Schedule is to be treated as another name for the listed organisation.
(7)
Where an order under subsection (6) provides for a name to be treated
as another name for an organisation, this Act shall have effect in
relation to acts occurring while—
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(a)
the order is in force, and
(b)
the organisation continues to be listed in Schedule 2,

Terrorism Bill
Part 2 — Miscellaneous provisions
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as if the organisation were listed in that Schedule under the other name,
as well as under the name specified in the Schedule.
(8)
The Secretary of State may at any time by order revoke an order under
subsection (6) or otherwise provide for a name specified in such an
order to cease to be treated as a name for a particular organisation.
5
(9)
Nothing in subsections (6) to (8) prevents any liability from being
established in any proceedings by proof that an organisation is the
same as an organisation listed in Schedule 2, even though it is or was
operating under a name specified neither in Schedule 2 nor in an order
under subsection (6).”
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(3)
For subsection (1) of section 4 (applications for deproscription) substitute—
“(1)
An application may be made to the Secretary of State for an order under
section 3(3) or (8)—
(a)
removing an organisation from Schedule 2, or
(b)
providing for a name to cease to be treated as a name for an
15
organisation listed in that Schedule.”
(4)
In subsection (2)(b) of that section (applications may be made by persons
affected by the organisation’s proscription), after “proscription” insert “or by
the treatment of the name as a name for the organisation.”
(5)
In section 5 (appeals against refusals to deproscribe)—
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(a)
in subsection (3), after “an organisation” insert “or to provide for a
name to cease to be treated as a name for an organisation”;
(b)
in subsection (4), omit “by or in respect of an organisation”;
(c)
in subsection (5), after “subsection (4)” insert “in respect of an appeal
against a refusal to deproscribe an organisation,”.
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(6)
After subsection (5) of that section insert—
“(5A)
Where an order is made under subsection (4) in respect of an appeal
against a refusal to provide for a name to cease to be treated as a name
for an organisation, the Secretary of State shall, as soon as is reasonably
practicable, make an order under section 3(8) providing that the name
30
in question is to cease to be so treated in relation to that organisation.”
(7)
In section 7 (effect on conviction etc. of successful appeal), after subsection (1)
insert—
“(1A)
This section also applies where—
(a)
an appeal under section 5 has been allowed in respect of a name
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treated as the name for an organisation,
(b)
an order has been made under section 3(8) in respect of the
name in accordance with an order of the Commission under
section 5(4),
(c)
a person has been convicted of an offence in respect of the
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organisation under any of sections 11 to 13, 15 to 19 and 56, and
(d)
the activity to which the charge referred took place on or after
the date of the refusal, against which the appeal under section 5
was brought, to provide for a name to cease to be treated as a
name for the organisation.”
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(8)
In that section—