Terrorism Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Schedule 1 — Convention offences
35

Schedules
Schedule 1
Section 20

Convention offences
Explosives offences
1     (1)
Subject to sub-paragraph (3), an offence under any of sections 28 to 30 of the
5
Offences against the Person Act 1861 (c. 100) (causing injury by explosions,
causing explosions and handling or placing explosives).
      (2)
Subject to sub-paragraph (3), an offence under any of the following
provisions of the Explosive Substances Act 1883 (c. 3)—
(a)
section 2 (causing an explosion likely to endanger life);
10
(b)
section 3 (preparation of explosions);
(c)
section 5 (ancillary offences).
      (3)
An offence in or as regards Scotland is a Convention offence by virtue of this
paragraph only if it consists in—
(a)
the doing of an act as an act of terrorism; or
15
(b)
an action for the purposes of terrorism.
Biological weapons
2
An offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(development etc. of biological weapons).
Offences against internationally protected persons
20
3     (1)
Subject to sub-paragraph (4), an offence mentioned in section 1(1)(a) of the
Internationally Protected Persons Act 1978 (c. 17) (attacks against protected
persons committed outside the United Kingdom) which is committed
(whether in the United Kingdom or elsewhere) in relation to a protected
person.
25
      (2)
Subject to sub-paragraph (4), an offence mentioned in section 1(1)(b) of that
Act (attacks on relevant premises etc.) which is committed (whether in the
United Kingdom or elsewhere) in connection with an attack—
(a)
on relevant premises or on a vehicle ordinarily used by a protected
person, and
30
(b)
at a time when a protected person is in or on the premises or vehicle.
      (3)
Subject to sub-paragraph (4), an offence under section 1(3) of that Act
(threats etc. in relation to protected persons).
      (4)
An offence in or as regards Scotland is a Convention offence by virtue of this
paragraph only if it consists in—
35

Terrorism Bill
Schedule 1 — Convention offences
36

(a)
the doing of an act as an act of terrorism; or
(b)
an action for the purposes of terrorism.
      (5)
Expressions used in this paragraph and section 1 of that Act have the same
meanings in this paragraph as in that section.
Hostage-taking
5
4
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking).
Hijacking and other offences against aircraft
5
Offences under any of the following provisions of the Aviation Security Act
1982 (c. 36)—
10
(a)
section 1 (hijacking);
(b)
section 2 (destroying, damaging or endangering safety of aircraft);
(c)
section 3 (other acts endangering or likely to endanger safety of
aircraft);
(d)
section 6(2) (ancillary offences).
15
Offences involving nuclear material
6     (1)
An offence mentioned in section 1(1) of the Nuclear Material (Offences) Act
1983 (c. 18) (offences in relation to nuclear material committed outside the
United Kingdom) which is committed (whether in the United Kingdom or
elsewhere) in relation to or by means of nuclear material.
20
      (2)
An offence under section 2 of that Act (offence involving preparatory acts
and threats in relation to nuclear material).
      (3)
In this paragraph “nuclear material” has the same meaning as in that Act.
Offences under the Aviation and Maritime Security Act 1990 (c. 31)
7
Offences under any of the following provisions of the Aviation and
25
Maritime Security Act 1990—
(a)
section 1 (endangering safety at aerodromes);
(b)
section 9 (hijacking of ships);
(c)
section 10 (seizing or exercising control of fixed platforms);
(d)
section 11 (destroying ships or fixed platforms or endangering their
30
safety);
(e)
section 12 (other acts endangering or likely to endanger safe
navigation);
(f)
section 13 (offences involving threats relating to ships or fixed
platforms);
35
(g)
section 14 (ancillary offences).
Offences involving chemical weapons
8
An offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use,
development etc. of chemical weapons).

Terrorism Bill
Schedule 2 — Seizure and forfeiture of terrorist publications
37

Terrorist funds
9
An offence under any of the following provisions of the Terrorism Act 2000
(c. 11)—
(a)
section 15 (terrorist fund-raising);
(b)
section 16 (use or possession of terrorist funds);
5
(c)
section 17 (funding arrangements for terrorism);
(d)
section 18 (money laundering of terrorist funds).
Directing terrorist organisations
10
An offence under section 56 of the Terrorism Act 2000 (directing a terrorist
organisation).
10
Offences involving nuclear weapons
11
An offence under section 47 of the Anti-terrorism, Crime and Security Act
2001 (c. 24) (use, development etc. of nuclear weapons).
Conspiracy etc.
12
Any of the following offences—
15
(a)
conspiracy to commit a Convention offence;
(b)
inciting the commission of a Convention offence;
(c)
attempting to commit a Convention offence;
(d)
aiding, abetting, counselling or procuring the commission of a
Convention offence.
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Schedule 2
Section 27

Seizure and forfeiture of terrorist publications
Application of Schedule
1
This Schedule applies where an article—
(a)
has been seized under the authority of a warrant under section 27;
25
and
(b)
is being retained in the custody of a constable (“the relevant
constable”).
Notice of seizure
2     (1)
The relevant constable must give notice of the article’s seizure to—
30
(a)
every person whom he believes to have been the owner of the article,
or one of its owners, at the time of the seizure; and
(b)
if there is no such person or it is not reasonably practicable to give
him notice, every person whom the relevant constable believes to
have been an occupier at that time of the premises where the article
35
was seized.
      (2)
The notice must set out what has been seized and the grounds of the seizure.

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Schedule 2 — Seizure and forfeiture of terrorist publications
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      (3)
The notice may be given to a person only by—
(a)
delivering it to him personally;
(b)
addressing it to him and leaving it for him at the appropriate
address; or
(c)
addressing it to him and sending it to him at that address by post.
5
      (4)
But where it is not practicable to give a notice in accordance with sub-
paragraph (3), a notice given by virtue of sub-paragraph (1)(b) to the
occupier of the premises where the article was seized may be given by—
(a)
addressing it to “the occupier” of those premises, without naming
him; and
10
(b)
leaving it for him at those premises or sending it to him at those
premises by post.
      (5)
An article may be treated or condemned as forfeited under this Schedule
only if—
(a)
the requirements of this paragraph have been complied with in the
15
case of that article; or
(b)
it was not reasonably practicable for them to be complied with.
      (6)
In this paragraph “the appropriate address”, in relation to a person, means—
(a)
in the case of a body corporate, its registered or principal office in the
United Kingdom;
20
(b)
in the case of a firm, the principal office of the partnership;
(c)
in the case of an unincorporated body or association, the principal
office of the body or association; and
(d)
in any other case, his usual or last known place of residence in the
United Kingdom or his last known place of business in the United
25
Kingdom.
      (7)
In the case of—
(a)
a company registered outside the United Kingdom,
(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the
30
United Kingdom,

the references in this paragraph to its principal office include references to
its principal office within the United Kingdom (if any).
Notice of claim
3     (1)
A person claiming that the seized article is not liable to forfeiture may give
35
notice of his claim to a constable at any police station in the police area in
which the premises where the seizure took place are located.
      (2)
Oral notice is not sufficient for these purposes.
4     (1)
A notice of claim may not be given more than one month after—
(a)
the day of the giving of the notice of seizure; or
40
(b)
if no such notice has been given, the day of the seizure.
      (2)
A notice of claim must specify—
(a)
the name and address of the claimant; and

Terrorism Bill
Schedule 2 — Seizure and forfeiture of terrorist publications
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(b)
in the case of a claimant who is outside the United Kingdom, the
name and address of a solicitor in the United Kingdom who is
authorised to accept service, and to act, on behalf of the claimant.
      (3)
Service upon a solicitor so specified is to be taken to be service on the
claimant for the purposes of any proceedings by virtue of this Schedule.
5
      (4)
In a case in which notice of the seizure was given to different persons on
different days, the reference in this paragraph to the day on which that
notice was given is a reference—
(a)
in relation to a person to whom notice of the seizure was given, the
day on which that notice was given to that person; and
10
(b)
in relation to any other person, the day on which notice of the seizure
was given to the last person to be given such a notice.
Automatic forfeiture in a case where no claim is made
5
The article is to be treated as forfeited if, by the end of the period for the
giving of a notice of claim in respect of it—
15
(a)
no such notice has been given; or
(b)
the requirements of paragraphs 3 and 4 have not been complied with
in relation to the only notice or notices of claim that have been given.
Forfeiture by the court in other cases
6     (1)
Where a notice of claim in respect of an article is duly given in accordance
20
with paragraphs 3 and 4, the relevant constable must decide whether to take
proceedings to ask the court to condemn the article as forfeited.
      (2)
The decision whether to take such proceedings must be made as soon as
reasonably practicable after the giving of the notice of claim.
      (3)
If the relevant constable takes such proceedings and the court—
25
(a)
finds that the article was liable to forfeiture at the time of its seizure,
and
(b)
is not satisfied that its forfeiture would be unjust,

the court must condemn the article as forfeited.
      (4)
If that constable takes such proceedings and the court —
30
(a)
finds that the article was not liable to forfeiture at the time of its
seizure, or
(b)
is satisfied that its forfeiture would be unjust,

the court must order the return of the article to the person who appears to
the court to be entitled to it.
35
      (5)
If the relevant constable decides not to take proceedings for condemnation
in a case in which a notice of claim has been given, he must return the article
to the person who appears to him to be the owner of the article, or to one of
the persons who appear to him to be owners of it.
      (6)
An article required to be returned in accordance with sub-paragraph (5)
40
must be returned as soon as reasonably practicable after the decision not to
take proceedings for condemnation.

Terrorism Bill
Schedule 2 — Seizure and forfeiture of terrorist publications
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Forfeiture proceedings
7
Proceedings by virtue of this Schedule are civil proceedings and may be
instituted—
(a)
in England or Wales, either in the High Court or in a magistrates’
court;
5
(b)
in Scotland, either in the Court of Session or in the sheriff court; and
(c)
in Northern Ireland, either in the High Court or in a court of
summary jurisdiction.
8
Proceedings by virtue of this Schedule in—
(a)
a magistrates’ court in England or Wales,
10
(b)
the sheriff court in Scotland, or
(c)
a court of summary jurisdiction in Northern Ireland,

may be instituted in that court only if it has jurisdiction in relation to the
place where the article to which they relate was seized.
9     (1)
In proceedings by virtue of this Schedule that are instituted in England and
15
Wales or Northern Ireland, the claimant or his solicitor must make his oath
that, at the time of the seizure, the seized article was, or was to the best of his
knowledge and belief, the property of the claimant.
      (2)
In any such proceedings instituted in the High Court—
(a)
the court may require the claimant to give such security for the costs
20
of the proceedings as may be determined by the court; and
(b)
the claimant must comply with any such requirement.
      (3)
If a requirement of this paragraph is not complied with, the court must find
against the claimant.
10    (1)
In the case of proceedings by virtue of this Schedule that are instituted in a
25
magistrates’ court in England or Wales, either party may appeal against the
decision of that court to the Crown Court.
      (2)
In the case of such proceedings that are instituted in a court of summary
jurisdiction in Northern Ireland, either party may appeal against the
decision of that court to the county court.
30
      (3)
This paragraph does not affect any right to require the statement of a case for
the opinion of the High Court.
11
Where an appeal has been made (whether by case stated or otherwise)
against the decision of the court in proceedings by virtue of this Schedule in
relation to an article, the article is to be left in the custody of a constable
35
pending the final determination of the matter.
Effect of forfeiture
12
Where an article is treated or condemned as forfeited under this Schedule,
the forfeiture is to be treated as having taken effect as from the time of the
seizure.
40
Disposal of unclaimed property
13    (1)
This paragraph applies where the article seized under the authority of a
warrant under section 27 is required to be returned to a person.

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Schedule 2 — Seizure and forfeiture of terrorist publications
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      (2)
If —
(a)
the article is (without having been returned) still in the custody of a
constable after the end of the period of 12 months beginning with the
day after the requirement to return it arose, and
(b)
it is not practicable to dispose of the article by returning it
5
immediately to the person to whom it is required to be returned,

the constable may dispose of it in any manner he thinks fit.
Provisions as to proof
14
In proceedings arising out of the seizure of an article, the fact, form and
manner of the seizure is to be taken, without further evidence and unless the
10
contrary is shown, to have been as set forth in the process.
15
In proceedings, the condemnation by a court of an article as forfeited under
this Schedule may be proved by the production of either—
(a)
the order or certificate of condemnation; or
(b)
a certified copy of the order purporting to be signed by an officer of
15
the court by which the order or certificate was made or granted.
Special provisions as to certain claimants
16    (1)
This paragraph applies where, at the time of the seizure of the article, it
was—
(a)
the property of a body corporate;
20
(b)
the property of two or more partners; or
(c)
the property of more than five persons.
      (2)
The oath required by paragraph 9, and any other thing required by this
Schedule or by rules of court to be done by an owner of the article, may be
sworn or done by—
25
(a)
a person falling within sub-paragraph (3); or
(b)
a person authorised to act on behalf of a person so falling.
      (3)
The persons falling within this sub-paragraph are—
(a)
where the owner is a body corporate, the secretary or some duly
authorised officer of that body;
30
(b)
where the owners are in partnership, any one or more of the owners;
(c)
where there are more than five owners and they are not in
partnership, any two or more of the owners acting on behalf of
themselves and any of their co-owners who are not acting on their
own behalf.
35
Saving for owner’s rights
17
Neither the imposition of a requirement by virtue of this Schedule to return
an article to a person nor the return of an article to a person in accordance
with such a requirement affects—
(a)
the rights in relation to that article of any other person; or
40
(b)
the right of any other person to enforce his rights against the person
to whom it is returned.