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Terrorism Bill


Terrorism Bill
Part 1 — Offences

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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

(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

5

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

connection with the commission of an act of terrorism or for the

purposes of terrorism; and

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(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

in association with the threat are not met.

(3)   

A threat falls within this subsection if it is—

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(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

radioactive material or creates or increases a risk that such material will

be released.

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(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—

“nuclear facility” has the same meaning as in section 10;

“radioactive device” and “radioactive material” have the same meanings

25

as in section 9.

12      

Trespassing etc. on nuclear sites

(1)   

The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(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

30

“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—

(a)   

a nuclear site; or

(b)   

a designated site.

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(1B)   

In this section ‘nuclear site’ means—

(a)   

so much of 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 as lies within the outer

perimeter of the protection provided for those premises; and

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(b)   

so much of any other premises of which premises falling within

paragraph (a) form a part as lies within that outer perimeter.

(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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Terrorism Bill
Part 1 — Offences

13

 

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.”

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)   

so much of 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 as lies within the outer

perimeter of the protection provided for those premises; and

(b)   

so much of any other premises of which premises falling within

15

paragraph (a) form a part as lies within that outer perimeter.

(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

provided or relied on for protecting those premises from

20

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.”

Increases of penalties

25

13      

Maximum penalty for possessing for terrorist purposes

(1)   

In section 57(4)(a) of the Terrorism Act 2000 (c. 11) (10 years maximum

imprisonment for possession for terrorist purposes), for “10 years” substitute

“15 years”.

(2)   

Subsection (1) does not apply to offences committed before the commencement

30

of this section.

14      

Maximum penalty for certain offences relating to nuclear material

(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

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conviction on indictment, to imprisonment for life.”

(2)   

Subsection (1) does not apply to offences committed before the commencement

of this section.

15      

Maximum penalty for contravening notice relating to encrypted information

(1)   

In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence

40

of contravening disclosure requirement)—

 
 

Terrorism Bill
Part 1 — Offences

14

 

(a)   

in paragraph (a) of subsection (5), for “two years” substitute “the

appropriate maximum term”; and

(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—

5

(a)   

in a national security case, five years; and

(b)   

in any other case, two years.

(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

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belief that the imposition of the requirement was necessary in the

interests of national security.”

(3)   

This section does not apply to offences committed before the commencement

of this section.

Incidental provisions about offences

15

16      

Preparatory hearings in terrorism cases

(1)   

Section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power

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

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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

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

25

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—

(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

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(b)   

it appears to the judge that evidence on the indictment reveals

that conduct in respect of which that offence is charged had a

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

35

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

(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

40

(1C);

(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

 
 

Terrorism Bill
Part 1 — Offences

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(c)   

he is not required by either of those subsections to make an

order for a preparatory hearing under this section if he

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

5

under that section, requirements imposed by those subsections apply

only if that order ceases to have effect.”

(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—”

10

(5)   

After sub-paragraph (5) insert—

“(6)   

In this section ‘terrorism offence’ means—

(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

15

relating to terrorist property);

(c)   

an offence under section 38B of that Act (failure to disclose

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

20

terrorism, possessing things and collecting information for the

purposes of terrorism and inciting terrorism outside the United

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

25

certain offences committed outside the United Kingdom for the

purposes of terrorism etc.);

(g)   

an offence under Part 1 of the Terrorism Act 2005

(miscellaneous terrorist related offences);

(h)   

conspiring or attempting to commit a terrorism offence;

30

(i)   

incitement to commit a terrorism offence.

(7)   

For the purposes of this section an offence carries a maximum of at least

10 years’ imprisonment if—

(a)   

it is punishable, on conviction on indictment, with

imprisonment; and

35

(b)   

the maximum term of imprisonment that may be imposed on

conviction on indictment of that offence is 10 years or more or

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

40

of terrorism.

(9)   

In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism

Act 2000 (see section 1 of that Act).”

17      

Commission of offences abroad

(1)   

If—

45

(a)   

a person does anything outside the United Kingdom, and

 
 

Terrorism Bill
Part 1 — Offences

16

 

(b)   

his action, if done in a part of the United Kingdom, would constitute an

offence falling within subsection (2),

   

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;

5

(b)   

an offence under section 11(1) of the Terrorism Act 2000 (c. 11)

(membership of proscribed organisations);

(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;

10

(f)   

attempting to commit such an offence;

(g)   

aiding, abetting, counselling or procuring the commission of such an

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

15

Kingdom.

(4)   

In the case of an offence falling within subsection (2) which is committed

wholly or partly outside the United Kingdom—

(a)   

proceedings for the offence may be taken at any place in the United

Kingdom; and

20

(b)   

the offence may for all incidental purposes be treated as having been

committed at any such place.

(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

25

“the Republic of Ireland” substitute “elsewhere”.

(6)   

Subsection (5) does not extend to Scotland except in relation to—

(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.

30

18      

Liability of company directors etc.

(1)   

Where an offence under this Part is committed by a body corporate and is

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

35

corporate, or

(b)   

a person who was purporting to act in any such capacity,

   

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—

40

(a)   

is committed by a Scottish firm, and

(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.

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Terrorism Bill
Part 1 — Offences

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(3)   

In this section “director”, in relation to a body corporate whose affairs are

managed by its members, means a member of the body corporate.

19      

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

5

Director of Public Prosecutions; and

(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

10

committed for a purpose wholly or partly connected with the affairs of a

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

15

(b)   

in the case of the Director of Public Prosecutions for Northern Ireland,

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

20

Attorney General for Northern Ireland.

Interpretation of Part 1

20      

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.

25

(2)   

In this Part—

“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;

30

“Convention offence” means an offence listed in Schedule 1 or an

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;

35

“public” is to be construed in accordance with subsection (3);

“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

40

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—

 
 

Terrorism Bill
Part 1 — Offences

18

 

(a)   

are references to the public of any part of the United Kingdom or of a

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

5

or on the making of a payment or the satisfaction of other conditions).

(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

10

(c)   

his using a service provided to him electronically by another so as to

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

15

construed accordingly.

(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

20

circumstances include references to conduct that is of a description of conduct

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

25

(b)   

to anything that may be reproduced from it using apparatus designed

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;

30

(b)   

modify that Schedule so as to remove an offence from the offences so

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

35

the offences listed in Schedule 1 to the extent only that a provision creating the

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

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House.

 
 

 
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