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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(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
acts or offences.
(3)
The skills are—
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(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.
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(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
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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
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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
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.
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(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.
(7)
In this section—
“noxious substance” means—
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(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
circumstances;
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“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.

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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
have an interest in it.
(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
or set aside on appeal.
(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
forfeiture.
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(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
that made it.
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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;
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(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
person.
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(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
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attendance could not reasonably have failed to understand that
instruction or training was being provided there wholly or partly for
such purposes.
(3)
It is immaterial for the purposes of this section—
(a)
whether the person concerned receives the instruction or training
40
himself; and
(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.
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(4)
A person guilty of an offence under this section shall be liable—

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(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
maximum, or to both;
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
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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.
(4)
In this section—
“radioactive device” means—
(a)
a nuclear weapon or other nuclear explosive device;
(b)
a radioactive material dispersal device;
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(c)
a radiation-emitting device;
“radioactive material” means nuclear material or any other radioactive
substance which—
(a)
contains nuclides that undergo spontaneous disintegration in a
process accompanied by the emission of one or more types of
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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;
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(iii)
endangering a person’s life; or
(iv)
creating a serious risk to the health or safety of the
public.
(5)
In subsection (4)—

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“device” includes any of the following, whether or not fixed to land,
namely, machinery, equipment, appliances, tanks, containers, pipes
and conduits;
“nuclear material” has the same meaning as in the Nuclear Material
(Offences) Act 1983 (c. 18) (see section 6 of that Act).
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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
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(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.
(4)
In this section—
“nuclear facility” means—
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(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;
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“radioactive device” and “radioactive material” have the same meanings
as in section 9.
(5)
In subsection (4)—
“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)).
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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
(a)
he makes a demand—
(i)
for the supply to himself or to another of a radioactive device or
of radioactive material;
(ii)
for a nuclear facility to be made available to himself or to
another; or
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(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

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(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
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radioactive material or creates or increases a risk that such material will
be released.
(4)
A person guilty of an offence under this section shall be liable, on conviction
on indictment, to imprisonment for life.
(5)
In this section—
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“nuclear facility” has the same meaning as in section 10;
“radioactive device” and “radioactive material” have the same meanings
as in section 9.
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Trespassing etc. on nuclear sites
(1)
The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.
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(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—
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(a)
a nuclear site; or
(b)
a designated site.
(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
being in force; and
(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
is in force; and
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(ii)
the outer perimeter of the protection provided for those
premises.
(1C)
For this purpose—
(a)
the outer perimeter of the protection provided for any premises
is the line of the outermost fences, walls or other obstacles
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provided or relied on for protecting those premises from
intruders; and
(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
obstacle is closed.”
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(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—
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(a)
any premises in respect of which a nuclear site licence (within
the meaning of the Nuclear Installations Act 1965) is for the time
being in force; and
(b)
so much of any premises of which premises falling within
paragraph (a) form a part as lies between—
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(i)
the edge of the premises in respect of which the licence
is in force; and
(ii)
the outer perimeter of the protection provided for those
premises.
(1C)
For this purpose—
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(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
intruders; and
(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
obstacle is closed.”
Increases of penalties
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
“15 years”.
(2)
Subsection (1) does not apply to offences committed before the commencement
of this section.
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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
of this section.