Terrorism Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
5

3
Application of ss. 1 and 2 to internet activity etc.
(1)
This section applies for the purposes of sections 1 and 2 in relation to cases
where—
(a)
a statement is published or caused to be published in the course of the
provision or use of a service provided electronically; or
5
(b)
conduct falling within section 2(1)(a) to (f) was in the course of, or in
connection with, the provision or use of such a service.
(2)
The cases in which the statement, or the article or record to which the conduct
relates, is to be regarded as having the endorsement of a person (“the relevant
person”) at any time include a case in which—
10
(a)
a constable has given him a notice under subsection (3);
(b)
that time falls more than 2 days after the day on which the notice was
given; and
(c)
the relevant person has failed, without reasonable excuse, to comply
with the notice.
15
(3)
A notice under this subsection is a notice which—
(a)
declares that, in the opinion of the constable giving it, the statement or
the article or record is unlawfully terrorism-related;
(b)
requires the relevant person to secure that the statement or the article
or record, so far as it is so related, is not available to the public or is
20
modified so as no longer to be so related;
(c)
warns the relevant person that a failure to comply with the notice
within 2 days will result in the statement, or the article or record, being
regarded as having his endorsement; and
(d)
explains how, under subsection (4), he may become liable by virtue of
25
the notice if the statement, or the article or record, becomes available to
the public after he has complied with the notice.
(4)
Where—
(a)
a notice under subsection (3) has been given to the relevant person in
respect of a statement, or an article or record, and he has complied with
30
it, but
(b)
he subsequently publishes or causes to be published a statement which
is, or is for all practical purposes, the same or to the same effect as the
statement to which the notice related, or to matter contained in the
article or record to which it related, (a “repeat statement”);
35

the requirements of subsection (2)(a) to (c) shall be regarded as satisfied in the
case of the repeat statement in relation to the times of its subsequent
publication by the relevant person.
(5)
In proceedings against a person for an offence under section 1 or 2 the
requirements of subsection (2)(a) to (c) are not, in his case, to be regarded as
40
satisfied in relation to any time by virtue of subsection (4) if he shows that he—
(a)
has, before that time, taken every step he reasonably could to prevent a
repeat statement from becoming available to the public and to ascertain
whether it does; and
(b)
was, at that time, a person to whom subsection (6) applied.
45
(6)
This subsection applies to a person at any time when he—
(a)
is not aware of the publication of the repeat statement; or

Terrorism Bill
Part 1 — Offences
6

(b)
having become aware of its publication, has taken every step that he
reasonably could to secure that it either ceased to be available to the
public or was modified as mentioned in subsection (3)(b).
(7)
For the purposes of this section a statement or an article or record is unlawfully
terrorism-related if it constitutes, or if matter contained in the article or record
5
constitutes—
(a)
something that is capable of being understood as a direct or indirect
encouragement or other inducement to the commission, preparation or
instigation of acts of terrorism or Convention offences; or
(b)
information which—
10
(i)
is capable of being useful in the commission or preparation of
such acts; and
(ii)
is in a form or context in which it is capable of being understood
as being wholly or mainly for the purpose of being so useful.
(8)
The reference in subsection (7) to something that is capable of being
15
understood as an indirect encouragement to the commission or preparation of
acts of terrorism or Convention offences includes anything which is capable of
being understood as—
(a)
the glorification of the commission or preparation (whether in the past,
in the future or generally) of such acts or such offences; and
20
(b)
a suggestion that what is being glorified is being glorified as conduct
that should be emulated in existing circumstances.
4
Giving of notices under s. 3
(1)
Except in a case to which any of subsections (2) to (4) applies, a notice under
section 3(3) may be given to a person only—
25
(a)
by delivering it to him in person; or
(b)
by sending it to him, by means of a postal service providing for delivery
to be recorded, at his last known address.
(2)
Such a notice may be given to a body corporate only—
(a)
by delivering it to the secretary of that body in person; or
30
(b)
by sending it to the appropriate person, by means of a postal service
providing for delivery to be recorded, at the address of the registered
or principal office of the body.
(3)
Such a notice may be given to a firm only—
(a)
by delivering it to a partner of the firm in person;
35
(b)
by so delivering it to a person having the control or management of the
partnership business; or
(c)
by sending it to the appropriate person, by means of a postal service
providing for delivery to be recorded, at the address of the principal
office of the partnership.
40
(4)
Such a notice may be give to an unincorporated body or association only—
(a)
by delivering it to a member of its governing body in person; or
(b)
by sending it to the appropriate person, by means of a postal service
providing for delivery to be recorded, at the address of the principal
office of the body or association.
45
(5)
In the case of—

Terrorism Bill
Part 1 — Offences
7

(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 United
Kingdom,

the references in this section to its principal office include references to its
5
principal office within the United Kingdom (if any).
(6)
In this section “the appropriate person” means—
(a)
in the case of a body corporate, the body itself or its secretary;
(b)
in the case of a firm, the firm itself or a partner of the firm or a person
having the control or management of the partnership business; and
10
(c)
in the case of an unincorporated body or association, the body or
association itself or a member of its governing body.
(7)
For the purposes of section 3 the time at which a notice under subsection (3) of
that section is to be regarded as given is—
(a)
where it is delivered to a person, the time at which it is so delivered;
15
and
(b)
where it is sent by a postal service providing for delivery to be
recorded, the time recorded as the time of its delivery.
(8)
In this section “secretary”, in relation to a body corporate, means the secretary
or other equivalent officer of the body.
20
Preparation of terrorist acts and terrorist training
5
Preparation of terrorist acts
(1)
A person commits an offence if, with the intention of—
(a)
committing acts of terrorism, or
(b)
assisting another to commit such acts,
25

he engages in any conduct in preparation for giving effect to his intention.
(2)
It is irrelevant for the purposes of subsection (1) whether the intention and
preparations relate to one or more particular acts of terrorism, acts of terrorism
of a particular description or acts of terrorism generally.
(3)
A person guilty of an offence under this section shall be liable, on conviction
30
on indictment, to imprisonment for life.
6
Training for terrorism
(1)
A person commits an offence if—
(a)
he provides instruction or training in any of the skills mentioned in
subsection (3); and
35
(b)
at the time he provides the instruction or training, he knows or suspects
that a person receiving it intends to use the skills in which he is being
instructed or trained—
(i)
for or in connection with the commission or preparation of acts
of terrorism or Convention offences; or
40
(ii)
for assisting the commission or preparation by others of such
acts or offences.
(2)
A person commits an offence if—

Terrorism Bill
Part 1 — Offences
8

(a)
he receives instruction or training in any of the skills mentioned in
subsection (3); and
(b)
at the time of the instruction or training, he intends to use the skills in
which he is being instructed or trained—
(i)
for or in connection with the commission or preparation of acts
5
of terrorism or Convention offences; or
(ii)
for assisting the commission or preparation by others of such
acts or offences.
(3)
The skills are—
(a)
the making, handling or use of a noxious substance, or of substances of
10
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
offence or in connection with assisting the commission or preparation
15
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.
(4)
It is irrelevant for the purposes of subsections (1) and (2)—
20
(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
particular acts of terrorism or Convention offences, acts of terrorism or
25
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
more persons whose identities are not yet known.
30
(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
term not exceeding 12 months or to a fine not exceeding the statutory
35
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.
(6)
In relation to an offence committed before the commencement of section 154(1)
40
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—
(a)
a dangerous substance within the meaning of Part 7 of the Anti-
45
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;

Terrorism Bill
Part 1 — Offences
9

“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
5
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
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
10
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
permission for the bringing of an appeal out of time) of the order’s being varied
or set aside on appeal.
15
(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.
(5)
That provision may include, in particular, provision relating to the retention,
handling, destruction or other disposal of what is forfeited.
20
(6)
Provision made by virtue of this section may be varied at any time by the court
that made it.
8
Attendance at a place used for terrorist training
(1)
A person commits an offence if—
(a)
he attends at any place, whether in the United Kingdom or elsewhere;
25
(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;
(c)
that instruction or training is provided there wholly or partly for
purposes connected with the commission or preparation of acts of
30
terrorism or Convention offences; and
(d)
the requirements of subsection (2) are satisfied in relation to that
person.
(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
35
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
attendance could not reasonably have failed to understand that
instruction or training was being provided there wholly or partly for
40
such purposes.
(3)
It is immaterial for the purposes of this section—
(a)
whether the person concerned receives the instruction or training
himself; and

Terrorism Bill
Part 1 — Offences
10

(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.
(4)
A person guilty of an offence under this section shall be liable—
5
(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;
10
(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
15
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
20
(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
25
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
30
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;
35
(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
40
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;
45

Terrorism Bill
Part 1 — Offences
11

(iii)
endangering a person’s life; or
(iv)
creating a serious risk to the health or safety of the
public.
(5)
In subsection (4)—
“device” includes any of the following, whether or not fixed to land,
5
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).
10
Misuse of devices or material and misuse and damage of facilities
10
(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
for the purposes of terrorism.
15
(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
(b)
creates or increases a risk that such material will be released.
20
(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—
(a)
a nuclear reactor, including a reactor installed in or on any
25
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;
“radioactive device” and “radioactive material” have the same meanings
30
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);
“transportation device” means any vehicle or any space object (within the
35
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—
(a)
he makes a demand—
40
(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