|
| |
|
(b) | in subsection (5)(c) (exception for material selected before the end of the |
| |
first working day after a relevant change of circumstances), for the |
| |
words from “the first working day” onwards substitute “the permitted |
| |
| |
(6) | After subsection (3) of that section insert— |
| 5 |
“(3A) | In subsection (3)(b) ‘the permitted maximum’ means— |
| |
(a) | in the case of material the examination of which is certified for |
| |
the purposes of section 8(4) as necessary in the interests of |
| |
national security, six months; and |
| |
(b) | in any other case, three months.” |
| 10 |
(7) | After subsection (5) of that section insert— |
| |
“(5A) | In subsection (5)(c) ‘the permitted period’ means— |
| |
(a) | in the case of material the examination of which is certified for |
| |
the purposes of section 8(4) as necessary in the interests of |
| |
national security, the period ending with the end of the fifth |
| 15 |
working day after it first appeared as mentioned in subsection |
| |
(5)(a) to the person to whom the warrant is addressed; and |
| |
(b) | in any other case, the period ending with the end of the first |
| |
working day after it first so appeared to that person.” |
| |
32 | Disclosure notices for the purposes of terrorist investigations |
| 20 |
(1) | In section 60 of the Serious Organised Crime and Police Act 2005 (c. 15) |
| |
(investigatory powers of DPP etc.), in subsection (1), after “applies” insert “or |
| |
in connection with a terrorist investigation”. |
| |
(2) | After subsection (6) insert— |
| |
“(7) | In this Chapter ‘terrorist investigation’ means an investigation of— |
| 25 |
(a) | the commission, preparation or instigation of acts of terrorism, |
| |
(b) | any act or omission which appears to have been for the |
| |
purposes of terrorism and which consists in or involves the |
| |
commission preparation or instigation of an offence, or |
| |
(c) | the commission, preparation or instigation of an offence under |
| 30 |
the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism |
| |
| |
(3) | In section 62 of that Act (disclosure notices), insert— |
| |
“(1A) | If it appears to the Investigating Authority— |
| |
(a) | that any person has information (whether or not contained in a |
| 35 |
document) which relates to a matter relevant to a terrorist |
| |
| |
(b) | that there are reasonable grounds for believing that information |
| |
which may be provided by that person in compliance with a |
| |
disclosure notice is likely to be of substantial value (whether or |
| 40 |
not by itself) to that investigation, |
| |
| he may give, or authorise an appropriate person to give, a disclosure |
| |
| |
(4) | In section 70(1) of that Act (interpretation of Chapter 1)— |
| |
|
| |
|
| |
|
(a) | before the definition of “appropriate person” insert— |
| |
“‘act of terrorism’ includes anything constituting an action |
| |
taken for the purposes of terrorism, within the meaning |
| |
of the Terrorism Act 2000 (c. 11) (see section 1(5) of that |
| |
| 5 |
(b) | after the definition of “document” insert— |
| |
“‘terrorism’ has the same meaning as in the Terrorism Act |
| |
2000 (see section 1(1) to (4) of that Act); |
| |
‘terrorist investigation’ has the meaning given by section |
| |
| 10 |
Definition of terrorism etc. |
| |
33 | Amendment of the definition of “terrorism” etc. |
| |
| |
(a) | section 1(1)(b) of the Terrorism Act 2000 (under which actions and |
| |
threats designed to influence a government may be terrorism), and |
| 15 |
(b) | section 113(1)(c) of the Anti-terrorism, Crime and Security Act 2001 |
| |
(c. 24) (offence of using noxious substances or things to influence a |
| |
government or to intimidate), |
| |
after “government” insert “or an international governmental organisation”. |
| |
| 20 |
34 | Applications for extended detention of seized cash |
| |
(1) | In paragraph 3 of Schedule 1 to the Anti-terrorism, Crime and Security Act |
| |
2001 (application relating to period of detention of seized terrorist cash), after |
| |
sub-paragraph (3) insert— |
| |
“(3A) | An application to a justice of the peace or the sheriff for an order |
| 25 |
under sub-paragraph (2) making the first extension of the period— |
| |
(a) | may be made and heard without notice of the application or |
| |
hearing having been given to any of the persons affected by |
| |
the application or to the legal representative of such a person, |
| |
| 30 |
(b) | may be heard and determined in private in the absence of |
| |
persons so affected and of their legal representatives.” |
| |
(2) | This section applies to applications made after the commencement of this |
| |
| |
| 35 |
| |
35 | Review of terrorism legislation |
| |
(1) | The Secretary of State must appoint a person to review the operation of the |
| |
provisions of the Terrorism Act 2000 and of Part 1 of this Act. |
| |
|
| |
|
| |
|
(2) | That person may, from time to time, carry out a review of those provisions and, |
| |
where he does so, must send a report on the outcome of his review to the |
| |
Secretary of State as soon as reasonably practicable after completing the |
| |
| |
(3) | That person must carry out and report on his first review under this section |
| 5 |
before the end of the period of 12 months after the laying before Parliament of |
| |
the last report to be so laid under section 126 of the Terrorism Act 2000 before |
| |
the commencement of this section. |
| |
(4) | That person must carry out and report on a review under this section at least |
| |
once in every twelve month period ending with an anniversary of the end of |
| 10 |
the twelve month period mentioned in subsection (3). |
| |
(5) | On receiving a report under this section, the Secretary of State must lay a copy |
| |
| |
(6) | The Secretary of State may, out of money provided by Parliament, pay a person |
| |
appointed to carry out a review under this section, both his expenses and also |
| 15 |
such allowances as the Secretary of State determines. |
| |
36 | Consequential amendments and repeals |
| |
(1) | In section 32(e) of the Terrorism Act 2000 (c. 11) (meaning of “terrorist |
| |
investigation”), after “offence under this Act” insert “or under Part 1 of the |
| |
Terrorism Act 2005 other than an offence under section 1 or 2 of that Act”. |
| 20 |
(2) | In section 117 of that Act (consents to prosecutions), for subsection (3) |
| |
| |
“(2A) | But if it appears to the Director of Public Prosecutions or the Director of |
| |
Public Prosecutions for Northern Ireland that an offence to which this |
| |
section applies has been committed for a purpose wholly or partly |
| 25 |
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 |
| |
| |
(a) | in the case of the Director of Public Prosecutions, of the |
| |
| 30 |
(b) | in the case of the Director of Public Prosecutions for Northern |
| |
Ireland, of the Advocate General for Northern Ireland. |
| |
(2B) | In relation to any time before the coming into force of section 27(1) of |
| |
the Justice (Northern Ireland) Act 2002, the reference in subsection (2A) |
| |
to the Advocate General for Northern Ireland is to be read as a |
| 35 |
reference to the Attorney General for Northern Ireland.” |
| |
(3) | After section 120 of that Act insert— |
| |
“120A | Supplemental powers of court in respect of forfeiture orders |
| |
(1) | Where court makes an order under section 54, 58 or 103 for the |
| |
forfeiture of anything, it may also make such other provision as appears |
| 40 |
to it to be necessary for giving effect to the forfeiture. |
| |
(2) | That provision may include, in particular, provision relating to the |
| |
retention, handling, disposal or destruction of what is forfeited. |
| |
(3) | Provision made by virtue of this section may be varied at any time by |
| |
| 45 |
|
| |
|
| |
|
(4) | In Part 1 of Schedule 9 to that Act (scheduled offences), at the end insert— |
| |
| |
22C | Offences under Part 1 of the Terrorism Act 2005 (terrorism-related |
| |
| |
(5) | The enactments listed in column 1 of Schedule 3 are repealed to the extent set |
| 5 |
out in column 2 of that Schedule. |
| |
| |
There shall be paid out of money provided by Parliament any increase |
| |
attributable to this Act in the sums payable out of such money under any other |
| |
| 10 |
38 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Terrorism Act 2005. |
| |
(2) | This Act (apart from this section) shall come into force on such day as the |
| |
Secretary of State may by order made by statutory instrument appoint. |
| |
(3) | An order made under subsection (2) may make different provision for different |
| 15 |
| |
(4) | Subject to section 17(6), an amendment or repeal by this Act of another |
| |
enactment has the same extent as the enactment amended or repealed. |
| |
(5) | Subject to section 17(6) and to subsection (4) of this section, this Act extends to |
| |
the whole of the United Kingdom. |
| 20 |
(6) | Her Majesty may by Order in Council direct that this Act shall extend, with |
| |
such modifications as appear to Her Majesty to be appropriate, to any of the |
| |
Channel Islands or the Isle of Man. |
| |
(7) | In subsection (6) “modification” includes omissions, additions and alterations. |
| |
|
| |
|