|
| |
|
(i) | for or in connection with the commission or preparation of acts |
| |
of terrorism or Convention offences; or |
| |
(ii) | for assisting the commission or preparation by others of such |
| |
| |
| 5 |
(a) | the making, handling or use of a noxious substance, or of substances of |
| |
a description of such substances; |
| |
(b) | the use of any method or technique for doing anything else that is |
| |
capable of being done for the purposes of terrorism, in connection with |
| |
the commission or preparation of an act of terrorism or Convention |
| 10 |
offence or in connection with assisting the commission or preparation |
| |
by another of such an act or offence; and |
| |
(c) | the design or adaptation for the purposes of terrorism, or in connection |
| |
with the commission or preparation of an act of terrorism or |
| |
Convention offence, of any method or technique for doing anything. |
| 15 |
(4) | It is irrelevant for the purposes of subsections (1) and (2)— |
| |
(a) | whether any instruction or training that is provided is provided to one |
| |
or more particular persons or generally; |
| |
(b) | whether the acts or offences in relation to which a person intends to use |
| |
skills in which he is instructed or trained consist of one or more |
| 20 |
particular acts of terrorism or Convention offences, acts of terrorism or |
| |
Convention offences of a particular description or acts of terrorism or |
| |
Convention offences generally; and |
| |
(c) | whether assistance that a person intends to provide to others is |
| |
intended to be provided to one or more particular persons or to one or |
| 25 |
more persons whose identities are not yet known. |
| |
(5) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
10 years or to a fine, or to both; |
| |
(b) | on summary conviction in England and Wales, to imprisonment for a |
| 30 |
term not exceeding 12 months or to a fine not exceeding the statutory |
| |
| |
(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. |
| 35 |
(6) | In relation to an offence committed before the commencement of section 154(1) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(b) to 12 |
| |
months is to be read as a reference to 6 months. |
| |
| |
“noxious substance” means— |
| 40 |
(a) | a dangerous substance within the meaning of Part 7 of the Anti- |
| |
terrorism, Crime and Security Act 2001 (c. 24); or |
| |
(b) | any other substance which is hazardous or noxious or which |
| |
may be or become hazardous or noxious only in certain |
| |
| 45 |
“substance” includes any natural or artificial substance (whatever its |
| |
origin or method of production and whether in solid or liquid form or |
| |
in the form of a gas or vapour) and any mixture of substances. |
| |
|
| |
|
| |
|
7 | Powers of forfeiture in respect of offences under s. 6 |
| |
(1) | A court before which a person is convicted of an offence under section 6 may |
| |
order the forfeiture of anything the court considers to have been in the person’s |
| |
possession for purposes connected with the offence. |
| |
(2) | Before making an order under subsection (1) in relation to anything the court |
| 5 |
must give an opportunity of being heard to any person (in addition to the |
| |
convicted person) who claims to be the owner of that thing or otherwise to |
| |
| |
(3) | An order under subsection (1) may not be made so as to come into force at any |
| |
time before there is no further possibility (disregarding any power to grant |
| 10 |
permission for the bringing of an appeal out of time) of the order’s being varied |
| |
| |
(4) | Where a court makes an order under subsection (1), it may also make such |
| |
other provision as appears to it to be necessary for giving effect to the |
| |
| 15 |
(5) | That provision may include, in particular, provision relating to the retention, |
| |
handling, destruction or other disposal of what is forfeited. |
| |
(6) | Provision made by virtue of this section may be varied at any time by the court |
| |
| |
8 | Attendance at a place used for terrorist training |
| 20 |
(1) | A person commits an offence if— |
| |
(a) | he attends at any place, whether in the United Kingdom or elsewhere; |
| |
(b) | while he is at that place, instruction or training of the type mentioned |
| |
in section 6(1) of this Act or section 54(1) of the Terrorism Act 2000 |
| |
(c. 11) (weapons training) is provided there; |
| 25 |
(c) | that instruction or training is provided there wholly or partly for |
| |
purposes connected with the commission or preparation of acts of |
| |
terrorism or Convention offences; and |
| |
(d) | the requirements of subsection (2) are satisfied in relation to that |
| |
| 30 |
(2) | The requirements of this subsection are satisfied in relation to a person if— |
| |
(a) | he knows or believes that instruction or training is being provided there |
| |
wholly or partly for purposes connected with the commission or |
| |
preparation of acts of terrorism or Convention offences; or |
| |
(b) | a person attending at that place throughout the period of that person’s |
| 35 |
attendance could not reasonably have failed to understand that |
| |
instruction or training was being provided there wholly or partly for |
| |
| |
(3) | It is immaterial for the purposes of this section— |
| |
(a) | whether the person concerned receives the instruction or training |
| 40 |
| |
(b) | whether the instruction or training is provided for purposes connected |
| |
with one or more particular acts of terrorism or Convention offences, |
| |
acts of terrorism or Convention offences of a particular description or |
| |
acts of terrorism or Convention offences generally. |
| 45 |
(4) | A person guilty of an offence under this section shall be liable— |
| |
|
| |
|
| |
|
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
10 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 |
| |
| 5 |
(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. |
| |
(5) | In relation to an offence committed before the commencement of section 154(1) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 |
| 10 |
months is to be read as a reference to 6 months. |
| |
(6) | References in this section to instruction or training being provided include |
| |
references to its being made available. |
| |
Offences involving radioactive devices and materials and nuclear facilities and sites |
| |
9 | Making and possession of devices or materials |
| 15 |
(1) | A person commits an offence if— |
| |
(a) | he makes or has in his possession a radioactive device, or |
| |
(b) | he has in his possession radioactive material, |
| |
| with the intention of using the device or material in the course of or in |
| |
connection with the commission or preparation of an act of terrorism or for the |
| 20 |
purposes of terrorism, or of making it available to be so used. |
| |
(2) | It is irrelevant for the purposes of subsection (1) whether the act of terrorism to |
| |
which an intention relates is a particular act of terrorism, an act of terrorism of |
| |
a particular description or an act of terrorism generally. |
| |
(3) | A person guilty of an offence under this section shall be liable, on conviction |
| 25 |
on indictment, to imprisonment for life. |
| |
| |
“radioactive device” means— |
| |
(a) | a nuclear weapon or other nuclear explosive device; |
| |
(b) | a radioactive material dispersal device; |
| 30 |
(c) | a radiation-emitting device; |
| |
“radioactive material” means nuclear material or any other radioactive |
| |
| |
(a) | contains nuclides that undergo spontaneous disintegration in a |
| |
process accompanied by the emission of one or more types of |
| 35 |
ionising radiation, such as alpha radiation, beta radiation, |
| |
neutron particles or gamma rays; and |
| |
(b) | is capable, owing to its radiological or fissile properties, of— |
| |
(i) | causing serious bodily injury to a person; |
| |
(ii) | causing serious damage to property; |
| 40 |
(iii) | endangering a person’s life; or |
| |
(iv) | creating a serious risk to the health or safety of the |
| |
| |
| |
|
| |
|
| |
|
“device” includes any of the following, whether or not fixed to land, |
| |
namely, machinery, equipment, appliances, tanks, containers, pipes |
| |
| |
“nuclear material” has the same meaning as in the Nuclear Material |
| |
(Offences) Act 1983 (c. 18) (see section 6 of that Act). |
| 5 |
10 | Misuse of devices or material and misuse and damage of facilities |
| |
(1) | A person commits an offence if he uses— |
| |
(a) | a radioactive device, or |
| |
(b) | radioactive material, |
| |
| in the course of or in connection with the commission of an act of terrorism or |
| 10 |
for the purposes of terrorism. |
| |
(2) | A person commits an offence if, in the course of or in connection with the |
| |
commission of an act of terrorism or for the purposes of terrorism, he uses or |
| |
damages a nuclear facility in a manner which— |
| |
(a) | causes a release of radioactive material; or |
| 15 |
(b) | creates or increases a risk that such material will be released. |
| |
(3) | A person guilty of an offence under this section shall be liable, on conviction |
| |
on indictment, to imprisonment for life. |
| |
| |
“nuclear facility” means— |
| 20 |
(a) | a nuclear reactor, including a reactor installed in or on any |
| |
transportation device for use as an energy source in order to |
| |
propel it or for any other purpose; or |
| |
(b) | a plant or conveyance being used for the production, storage, |
| |
processing or transport of radioactive material; |
| 25 |
“radioactive device” and “radioactive material” have the same meanings |
| |
| |
| |
“nuclear reactor” has the same meaning as in the Nuclear Installations Act |
| |
1965 (c. 57) (see section 26 of that Act); |
| 30 |
“transportation device” means any vehicle or any space object (within the |
| |
meaning of the Outer Space Act 1986 (c. 38)). |
| |
11 | Terrorist threats relating to devices, materials or facilities |
| |
(1) | A person commits an offence if, in the course of or in connection with the |
| |
commission of an act of terrorism or for the purposes of terrorism— |
| 35 |
| |
(i) | for the supply to himself or to another of a radioactive device or |
| |
| |
(ii) | for a nuclear facility to be made available to himself or to |
| |
| 40 |
(iii) | for access to such a facility to be given to himself or to another; |
| |
(b) | he supports the demand with a threat that he or another will take action |
| |
if the demand is not met; and |
| |
|
| |
|
| |
|
(c) | the circumstances and manner of the threat are such that it is reasonable |
| |
for the person to whom it is made to assume that there is real risk that |
| |
the threat will be carried out if the demand is not met. |
| |
(2) | A person also commits an offence if— |
| |
(a) | he makes a threat falling within subsection (3) in the course of or in |
| 5 |
connection with the commission of an act of terrorism or for the |
| |
purposes of terrorism; and |
| |
(b) | the circumstances and manner of the threat are such that it is reasonable |
| |
for the person to whom it is made to assume that there is real risk that |
| |
the threat will be carried out, or would be carried out if demands made |
| 10 |
in association with the threat are not met. |
| |
(3) | A threat falls within this subsection if it is— |
| |
(a) | a threat to use radioactive material; |
| |
(b) | a threat to use a radioactive device; or |
| |
(c) | a threat to use or damage a nuclear facility in a manner that releases |
| 15 |
radioactive material or creates or increases a risk that such material will |
| |
| |
(4) | A person guilty of an offence under this section shall be liable, on conviction |
| |
on indictment, to imprisonment for life. |
| |
| 20 |
“nuclear facility” has the same meaning as in section 10; |
| |
“radioactive device” and “radioactive material” have the same meanings |
| |
| |
12 | Trespassing etc. on nuclear sites |
| |
(1) | The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows. |
| 25 |
(2) | In sections 128(1), (4) and (7) and 129(1), (4) and (6) (trespassing etc. on a |
| |
designated site in England and Wales or Northern Ireland or in Scotland), for |
| |
“designated”, wherever occurring, substitute “protected”. |
| |
(3) | After section 128(1) (sites in England and Wales and Northern Ireland) insert— |
| |
“(1A) | In this section ‘protected site’ means— |
| 30 |
| |
| |
(1B) | In this section ‘nuclear site’ means— |
| |
(a) | any premises in respect of which a nuclear site licence (within |
| |
the meaning of the Nuclear Installations Act 1965) is for the time |
| 35 |
| |
(b) | so much of any premises of which premises falling within |
| |
paragraph (a) form a part as lies between— |
| |
(i) | the edge of the premises in respect of which the licence |
| |
| 40 |
(ii) | the outer perimeter of the protection provided for those |
| |
| |
| |
(a) | the outer perimeter of the protection provided for any premises |
| |
is the line of the outermost fences, walls or other obstacles |
| 45 |
|
| |
|
| |
|
provided or relied on for protecting those premises from |
| |
| |
(b) | that line shall be determined on the assumption that every gate, |
| |
door or other barrier across a way through a fence, wall or other |
| |
| 5 |
(4) | After section 129(1) (sites in Scotland) insert— |
| |
“(1A) | In this section ‘protected Scottish site’ means— |
| |
(a) | a nuclear site in Scotland; or |
| |
(b) | a designated Scottish site. |
| |
(1B) | In this section ‘nuclear site’ means— |
| 10 |
(a) | any premises in respect of which a nuclear site licence (within |
| |
the meaning of the Nuclear Installations Act 1965) is for the time |
| |
| |
(b) | so much of any premises of which premises falling within |
| |
paragraph (a) form a part as lies between— |
| 15 |
(i) | the edge of the premises in respect of which the licence |
| |
| |
(ii) | the outer perimeter of the protection provided for those |
| |
| |
| 20 |
(a) | the outer perimeter of the protection provided for any premises |
| |
is the line of the outermost fences, walls or other obstacles |
| |
provided or relied on for protecting those premises from |
| |
| |
(b) | that line shall be determined on the assumption that every gate, |
| 25 |
door or other barrier across a way through a fence, wall or other |
| |
| |
| |
13 | Maximum penalty for possessing for terrorist purposes |
| |
(1) | In section 57(4)(a) of the Terrorism Act 2000 (c. 11) (10 years maximum |
| 30 |
imprisonment for possession for terrorist purposes), for “10 years” substitute |
| |
| |
(2) | Subsection (1) does not apply to offences committed before the commencement |
| |
| |
14 | Maximum penalty for certain offences relating to nuclear material |
| 35 |
(1) | In section 2 of the Nuclear Material (Offences) Act 1983 (c. 18) (offences |
| |
involving preparatory acts and threats), for subsection (5) substitute— |
| |
“(5) | A person guilty of an offence under this section shall be liable, on |
| |
conviction on indictment, to imprisonment for life.” |
| |
(2) | Subsection (1) does not apply to offences committed before the commencement |
| 40 |
| |
|
| |
|