House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill


Terrorism Bill
Part 1 — Offences

1

 

A

Bill

[AS AMENDED ON CONSIDERATION]

To

make provision for and about offences relating to conduct carried out, or

capable of being carried out, for purposes connected with terrorism; to amend

enactments relating to terrorism; to amend the Intelligence Services Act 1994

and the Regulation of Investigatory Powers Act 2000; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Offences

Encouragement etc. of terrorism

1       

Encouragement of terrorism

(1)   

This section applies to a statement that is likely to be understood by members

5

of the public to whom it is published as a direct or indirect encouragement or

other inducement to them to the commission, preparation or instigation of acts

of terrorism or Convention offences.

(2)   

A person commits an offence if—

(a)   

he publishes a statement to which this section applies or causes another

10

to publish such a statement on his behalf; and

(b)   

at the time he does so, he intends the statement to be understood as

mentioned in subsection (1) or is reckless as to whether or not it is likely

to be so understood.

(3)   

For the purposes of this section the cases in which a person is to be taken as

15

reckless as to whether a statement is likely to be understood as mentioned in

 
Bill 8454/1
 
 

Terrorism Bill
Part 1 — Offences

2

 

subsection (1) include any case in which he could not reasonably have failed to

be aware of that likelihood.

(4)   

For the purposes of this section the statements that are likely to be understood

by members of the public as indirectly encouraging the commission or

preparation of acts of terrorism or Convention offences include every

5

statement which—

(a)   

glorifies the commission or preparation (whether in the past, in the

future or generally) of such acts or offences; and

(b)   

is a statement from which those members of the public could

reasonably be expected to infer that what is being glorified is being

10

glorified as conduct that should be emulated by them in existing

circumstances.

(5)   

For the purposes of this section the questions how a statement is likely to be

understood and what members of the public could reasonably be expected to

infer from it must be determined having regard both—

15

(a)   

to the contents of the statement as a whole; and

(b)   

to the circumstances and manner of its publication.

(6)   

It is irrelevant for the purposes of subsections (1) to (4)—

(a)   

whether the statement or how it is likely to be understood relates to the

commission, preparation or instigation of one or more particular acts of

20

terrorism or Convention offences, of acts of terrorism or Convention

offences of a particular description or of acts of terrorism or Convention

offences generally; and,

(b)   

whether any person is in fact encouraged or induced by the statement

to commit, prepare or instigate any such act or offence.

25

(7)   

In proceedings against a person for an offence under this section it is a defence

for him to show—

(a)   

that he published the statement in respect of which he is charged, or

caused it to be published, only in the course of the provision or use by

him of a service provided electronically;

30

(b)   

that the statement neither expressed his views nor had his endorsement

(whether by virtue of section 3 or otherwise); and

(c)   

that it was clear, in all the circumstances, that it did not express his

views and (apart from the possibility of his having been given and

failed to comply with a notice under subsection (3) of that section) did

35

not have his endorsement.

(8)   

A person guilty of an offence under this section shall be liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

7 years or to a fine, or to both;

(b)   

on summary conviction in England and Wales, to imprisonment for a

40

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.

45

(9)   

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 (8)(b) to 12

months is to be read as a reference to 6 months.

 
 

Terrorism Bill
Part 1 — Offences

3

 

2       

Dissemination of terrorist publications

(1)   

A person commits an offence if he—

(a)   

distributes or circulates a terrorist publication;

(b)   

gives, sells or lends such a publication;

(c)   

offers such a publication for sale or loan;

5

(d)   

provides a service to others that enables them to obtain, read, listen to

or look at such a publication, or to acquire it by means of a gift, sale or

loan;

(e)   

transmits the contents of such a publication electronically; or

(f)   

has such a publication in his possession with a view to its becoming the

10

subject of conduct falling within any of paragraphs (a) to (e).

(2)   

For the purposes of this section a publication is a terrorist publication, in

relation to conduct falling within subsection (1)(a) to (f) if matter contained in

it constitutes, in the context of that conduct—

(a)   

a direct or indirect encouragement or other inducement to the

15

commission, preparation or instigation of acts of terrorism; or

(b)   

information of assistance in the commission or preparation of such acts.

(3)   

In the context of conduct falling within subsection (1)(a) to (f), matter

constitutes a direct or indirect encouragement or other inducement to the

commission, preparation or instigation of acts of terrorism if, and only if, it is

20

likely to be understood, by some or all of the persons to whom it is or is likely

to be available in consequence of that conduct, as a direct or indirect

encouragement or other inducement to them to the commission, preparation or

instigation of such acts.

(4)   

For the purposes of this section matter that is likely to be understood by a

25

person as indirectly encouraging the commission or preparation of acts of

terrorism includes any matter which—

(a)   

glorifies the commission or preparation (whether in the past, in the

future or generally) of such acts; and

(b)   

is matter from which that person could reasonably be expected to infer

30

that what is being glorified is being glorified as conduct that should be

emulated by him in existing circumstances.

(5)   

In the context of conduct falling within subsection (1)(a) to (f), matter

constitutes information of assistance in the commission or preparation of acts

of terrorism if, and only if—

35

(a)   

it is information that is capable of being useful in the commission or

preparation of such acts; and

(b)   

it is likely to be understood, by some or all of the persons to whom it is

or is likely to be available in consequence of that conduct, as contained

in the publication wholly or mainly for the purpose of being so useful

40

to them.

(6)   

For the purposes of this section the question whether a publication is a terrorist

publication in the context of particular conduct must be determined—

(a)   

as at the time of that conduct; and

(b)   

having regard both to the contents of the publication as a whole and to

45

the circumstances in which that conduct occurs.

(7)   

It is irrelevant for the purposes of this section whether—

(a)   

the statement or how it is likely to be understood, or

 
 

Terrorism Bill
Part 1 — Offences

4

 

(b)   

the usefulness mentioned in subsection (5),

   

is in relation to the commission, preparation or instigation of one or more

particular acts of terrorism, of acts of terrorism of a particular description or of

acts of terrorism generally.

(8)   

In proceedings against a person for an offence under this section it is a defence

5

for him to show—

(a)   

that he had not examined the publication in respect of which he is

charged;

(b)   

that he had no reasonable grounds for suspecting that it was a terrorist

publication; and

10

(c)   

that the matter contained in the publication by reference to which it was

a terrorist publication did not have his endorsement (whether by virtue

of section 3 or otherwise).

(9)   

In proceedings against a person for an offence under this section in respect of

any conduct falling within subsection (1)(a) to (f) it is a defence for him to

15

show—

(a)   

that he engaged in that conduct only in the course of, or in connection

with, the provision or use by him of a service provided electronically;

(b)   

that the publication to which the conduct related, so far as it contained

matter by reference to which it was a terrorist publication by virtue of

20

subsection (2)(a), neither expressed his views nor had his endorsement

(whether by virtue of section 3 or otherwise);

(c)   

that it was clear in all the circumstances that the publication, so far as it

contained such matter, did not express his views and (apart from the

possibility of his having been given and failed to comply with a notice

25

under subsection (3) of that section) did not have his endorsement; and

(d)   

that the conduct in relation to that publication, so far as it contained

matter by reference to which it was a terrorist publication by virtue of

subsection (2)(b), was not intended by him to provide or make available

assistance to any person in the commission or preparation of acts of

30

terrorism.

(10)   

A person guilty of an offence under this section shall be liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

7 years or to a fine, or to both;

(b)   

on summary conviction in England and Wales, to imprisonment for a

35

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.

40

(11)   

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 (10)(b) to 12

months is to be read as a reference to 6 months.

(12)   

In this section

“lend” includes let on hire, and “loan” is to be construed accordingly;

45

“publication” means an article or record of any description that contains

any of the following, or any combination of them—

(a)   

matter to be read;

(b)   

matter to be listened to;

 
 

Terrorism Bill
Part 1 — Offences

5

 

(c)   

matter to be looked at or watched.

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

5

provision or use of a service provided electronically; or

(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

10

person”) at any time include a case in which—

(a)   

a constable has given him a notice under subsection (3);

(b)   

that time falls more than 2 working days after the day on which the

notice was given; and

(c)   

the relevant person has failed, without reasonable excuse, to comply

15

with the notice.

(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

20

or record, so far as it is so related, is not available to the public or is

modified so as no longer to be so related;

(c)   

warns the relevant person that a failure to comply with the notice

within 2 working days will result in the statement, or the article or

record, being regarded as having his endorsement; and

25

(d)   

explains how, under subsection (4), he may become liable by virtue of

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

30

respect of a statement, or an article or record, and he has complied with

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

35

article or record to which it related, (a “repeat statement”);

   

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

40

requirements of subsection (2)(a) to (c) are not, in his case, to be regarded as

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

45

(b)   

was, at that time, a person to whom subsection (7) applied.

(6)   

In a case in which the service provided electronically by a person—

 
 

Terrorism Bill
Part 1 — Offences

6

 

(a)   

consists only in transmitting or in storing information provided by

others, and

(b)   

does not involve any selection or exercise of other editorial control over

the whole or any part of the contents of what is transmitted or stored or

any independent selection of the persons to whom those contents are

5

transmitted,

   

the steps which it is reasonable for the purposes of subsection (5) for that

person to take do not include the monitoring of the contents of information

transmitted or stored by that person in the provision of that service or the

taking of any other steps to ascertain the contents of such information.

10

(7)   

This subsection applies to a person at any time when he—

(a)   

is not aware of the publication of the repeat statement; or

(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).

15

(8)   

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

constitutes—

(a)   

something that is capable of being understood as a direct or indirect

encouragement or other inducement to the commission, preparation or

20

instigation of acts of terrorism or Convention offences; or

(b)   

information which—

(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

25

as being wholly or mainly for the purpose of being so useful.

(9)   

The reference in subsection (8) to something that is capable of being

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—

30

(a)   

the glorification of the commission or preparation (whether in the past,

in the future or generally) of such acts or such offences; and

(b)   

a suggestion that what is being glorified is being glorified as conduct

that should be emulated in existing circumstances.

(10)   

In this section “working day” means any day other than—

35

(a)   

a Saturday or a Sunday;

(b)   

Christmas Day or Good Friday; or

(c)   

a day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in any part of the United Kingdom.

4       

Giving of notices under s. 3

40

(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—

(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.

45

(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

 
 

Terrorism Bill
Part 1 — Offences

7

 

(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;

5

(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.

10

(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.

15

(5)   

In the case of—

(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,

20

   

the references in this section to its principal office include references to its

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

25

having the control or management of the partnership business; and

(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—

30

(a)   

where it is delivered to a person, the time at which it is so delivered;

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

35

or other equivalent officer of the body.

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

40

(b)   

assisting another to commit such acts,

   

he engages in any conduct in preparation for giving effect to his intention.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 10 November 2005