Terrorism Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
18

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.
(2)
In this Part—
5
“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;
“Convention offence” means an offence listed in Schedule 1 or an
10
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;
“public” is to be construed in accordance with subsection (3);
15
“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
course of, and for the purposes of, the transmission of the whole or a
20
part of its contents;
“statement” is to be construed in accordance with subsection (6).
(3)
In this Part references to the public—
(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
25
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
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—
30
(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
(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;
35

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
construed accordingly.
(6)
In this Part references to a statement are references to a communication of any
40
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
circumstances include references to conduct that is of a description of conduct
that should be so emulated
45

Terrorism Bill
Part 2 — Miscellaneous provisions
19

(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
(b)
to anything that may be reproduced from it using apparatus designed
or adapted for the purpose.
5
(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;
(b)
modify that Schedule so as to remove an offence from the offences so
listed;
10
(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
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.
15
(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
House.
Part 2
20
Miscellaneous provisions
Proscription of terrorist organisations
21
Grounds of proscription
In section 3 of the Terrorism Act 2000 (c. 11) (proscription of organisations),
after subsection (5) insert—
25
“(5A)
The cases in which an organisation promotes or encourages terrorism
for the purposes of subsection (5)(c) include any case in which activities
of the organisation—
(a)
include the unlawful glorification of the commission or
preparation (whether in the past, in the future or generally) of
30
acts of terrorism; or
(b)
are carried out in a manner that ensures that the organisation is
associated with statements containing any such glorification.
(5B)
The glorification of any conduct is unlawful for the purposes of
subsection (5A) if there are persons who may become aware of it who
35
could reasonably be expected to infer that what is being glorified, is
being glorified as—
(a)
conduct that should be emulated in existing circumstances, or
(b)
conduct of a description of conduct that should be so emulated.
(5C)
In this section—
40
‘glorification’ includes any form of praise or celebration, and
cognate expressions are to be construed accordingly;
‘statement’ includes a communication without words consisting
of sounds or images or both.”

Terrorism Bill
Part 2 — Miscellaneous provisions
20

22
Name changes by proscribed organisations
(1)
The Terrorism Act 2000 (c. 11) is amended as follows.
(2)
In section 3 (proscription of organisations), at the end insert—
“(6)
Where the Secretary of State believes—
(a)
that an organisation listed in Schedule 2 is operating wholly or
5
partly under a name that is not specified in that Schedule
(whether as well as or instead of under the specified name), or
(b)
that an organisation that is operating under a name that is not
so specified is otherwise for all practical purposes the same as
an organisation so listed,
10

he may, by order, provide that the name that is not specified in that
Schedule is to be treated as another name for the listed organisation.
(7)
Where an order under subsection (6) provides for a name to be treated
as another name for an organisation, this Act shall have effect in
relation to acts occurring while—
15
(a)
the order is in force, and
(b)
the organisation continues to be listed in Schedule 2,

as if the organisation were listed in that Schedule under the other name,
as well as under the name specified in the Schedule.
(8)
The Secretary of State may at any time by order revoke an order under
20
subsection (6) or otherwise provide for a name specified in such an
order to cease to be treated as a name for a particular organisation.
(9)
Nothing in subsections (6) to (8) prevents any liability from being
established in any proceedings by proof that an organisation is the
same as an organisation listed in Schedule 2, even though it is or was
25
operating under a name specified neither in Schedule 2 nor in an order
under subsection (6).”
(3)
For subsection (1) of section 4 (applications for deproscription) substitute—
“(1)
An application may be made to the Secretary of State for an order under
section 3(3) or (8)—
30
(a)
removing an organisation from Schedule 2, or
(b)
providing for a name to cease to be treated as a name for an
organisation listed in that Schedule.”
(4)
In subsection (2)(b) of that section (applications may be made by persons
affected by the organisation’s proscription), after “proscription” insert “or by
35
the treatment of the name as a name for the organisation.”
(5)
In section 5 (appeals against refusals to deproscribe)—
(a)
in subsection (3), after “an organisation” insert “or to provide for a
name to cease to be treated as a name for an organisation”;
(b)
in subsection (4), omit “by or in respect of an organisation”;
40
(c)
in subsection (5), after “subsection (4)” insert “in respect of an appeal
against a refusal to deproscribe an organisation,”.
(6)
After subsection (5) of that section insert—
“(5A)
Where an order is made under subsection (4) in respect of an appeal
against a refusal to provide for a name to cease to be treated as a name
45

Terrorism Bill
Part 2 — Miscellaneous provisions
21

for an organisation, the Secretary of State shall, as soon as is reasonably
practicable, make an order under section 3(8) providing that the name
in question is to cease to be so treated in relation to that organisation.”
(7)
In section 7 (effect on conviction etc. of successful appeal), after subsection (1)
insert—
5
“(1A)
This section also applies where—
(a)
an appeal under section 5 has been allowed in respect of a name
treated as the name for an organisation,
(b)
an order has been made under section 3(8) in respect of the
name in accordance with an order of the Commission under
10
section 5(4),
(c)
a person has been convicted of an offence in respect of the
organisation under any of sections 11 to 13, 15 to 19 and 56, and
(d)
the activity to which the charge referred took place on or after
the date of the refusal, against which the appeal under section 5
15
was brought, to provide for a name to cease to be treated as a
name for the organisation.”
(8)
In that section—
(a)
in subsection (2), after “(1)(c)” insert “or (1A)(c);”
(b)
in subsection (4)(a), after “(1)(b)” insert “or (1A)(b)”;
20
(c)
in subsection (5), after “(1)(c)” insert “or (1A)(c);”
(d)
in subsection (7)(a), after “(1)(b)” insert “or (1A)(b)”.
(9)
In section 9 (proceedings under the Human Rights Act 1998)—
(a)
in subsection (2)(a), for “and (5)” substitute “, (5) and (5A)”;
(b)
in subsection (4), at the end insert “, and
25
(c)
a reference to a refusal to provide for a name to cease to
be treated as a name for an organisation shall be taken as
a reference to the action of the Secretary of State which
is found to be incompatible with a Convention right”.
(10)
In section 123(2) (orders and regulations subject to negative resolution
30
procedure), before paragraph (a) insert—
“(za)
section 3(6) or (8);”.
(11)
In paragraph 5(4) of Schedule 3 (the Proscribed Organisations Appeal
Commission), after subparagraph (a) insert—
“(aa)
provide for full particulars of the reasons for—
35
(i)
the making of an order under section 3(6), or
(ii)
a refusal to provide for a name to cease to be treated
as a name for an organisation,

to be withheld from the organisation or applicant concerned
and from any person representing it or him;”.
40
Detention of terrorist suspects
23
Extension of period of detention of terrorist suspects
(1)
Schedule 8 to the Terrorism Act 2000 (c. 11) (detention of terrorist suspects) is
amended as follows.

Terrorism Bill
Part 2 — Miscellaneous provisions
22

(2)
In sub-paragraph (1) of each of paragraphs 29 and 36 (applications by a
superintendent or above for a warrant extending detention or for the extension
of the period of such a warrant), for the words from the beginning to “may”
substitute—
    “(1)
Each of the following—
5
(a)
in England and Wales, a Crown Prosecutor,
(b)
in Scotland, a procurator fiscal,
(c)
in Northern Ireland, the Director of Public Prosecutions for
Northern Ireland,
(d)
in any part of the United Kingdom, a police officer of at least
10
the rank of superintendent,

may”.
(3)
In sub-paragraph (3) of paragraph 29 (period of extension to end no later than
7 days after arrest)—
(a)
for “Subject to paragraph 36(3A)” substitute “Subject to sub-paragraph
15
(3A) and paragraph 36”; and
(b)
for “end not later than the end of” substitute “be”.
(4)
After that sub-paragraph insert—
   “(3A)
A judicial authority may issue a warrant of further detention in
relation to a person which specifies a shorter period as the period for
20
which that person’s further detention is authorised if—
(a)
the application for the warrant is an application for a warrant
specifying a shorter period; or
(b)
the judicial authority is satisfied that there are circumstances
that would make it inappropriate for the specified period to
25
be as long as the period of seven days mentioned in sub-
paragraph (3).”
(5)
In paragraph 36 (applications for extension or further extension), omit the
words “to a judicial authority” in sub-paragraph (1), and after that sub-
paragraph insert—
30
   “(1A)
The person to whom an application under sub-paragraph (1) may be
made is—
(a)
in the case of an application falling within sub-paragraph
(1B), a judicial authority; and
(b)
in any other case, a senior judge.
35
     (1B)
An application for the extension or further extension of a period falls
within this sub-paragraph if—
(a)
the grant of the application otherwise than in accordance
with sub-paragraph (3AA)(b) would extend that period to a
time that is no more than fourteen days after the relevant
40
time; and
(b)
no application has previously been made to a senior judge in
respect of that period.”
(6)
For sub-paragraphs (3) and (3A) of that paragraph (period for which warrants
may be extended) substitute—
45
    “(3)
Subject to sub-paragraph (3AA), the period by which the specified
period is extended or further extended shall be the period which—

Terrorism Bill
Part 2 — Miscellaneous provisions
23

(a)
begins with the time specified in sub-paragraph (3A); and
(b)
ends with whichever is the earlier of—
(i)
the end of the period of seven days beginning with
that time; and
(ii)
the end of the period of 28 days beginning with the
5
relevant time.
     (3A)
The time referred to in sub-paragraph (3)(a) is—
(a)
in the case of a warrant specifying a period which has not
previously been extended under this paragraph, the end of
the period specified in the warrant, and
10
(b)
in any other case, the end of the period for which the period
specified in the warrant was last extended under this
paragraph.
    (3AA)
A judicial authority or senior judge may extend or further extend the
period specified in a warrant by a shorter period than is required by
15
sub-paragraph (3) if—
(a)
the application for the extension is an application for an
extension by a period that is shorter than is so required; or
(b)
the judicial authority or senior judge is satisfied that there are
circumstances that would make it inappropriate for the
20
period of the extension to be as long as the period so
required.”
(7)
In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31
to 34), at the end insert “but, in relation to an application made by virtue of sub-
paragraph (1A)(b) to a senior judge, as if—
25
(a)
references to a judicial authority were references to a senior judge; and
(b)
references to the judicial authority in question were references to the
senior judge in question.”
(8)
In sub-paragraph (5) of that paragraph, after “authority” insert “or senior
judge”.
30
(9)
After sub-paragraph (6) of that paragraph insert—
    “(7)
In this paragraph and paragraph 37 ‘senior judge’ means a judge of
the High Court or of the Court of Session.”
(10)
For paragraph 37 (release of detained person) substitute—
“37   (1)
This paragraph applies where—
35
(a)
a person (‘the detained person’) is detained by virtue of a
warrant issued under this Part of this Schedule; and
(b)
his detention is not authorised by virtue of section 41(5) or (6)
or otherwise apart from the warrant.
      (2)
If it at any time appears to the police officer or other person in charge
40
of the detained person’s case that any of the matters mentioned in
paragraph 32(1)(a) and (b) on which the judicial authority or senior
judge last authorised his further detention no longer apply, he
must—
(a)
if he has custody of the detained person, release him
45
immediately; and

Terrorism Bill
Part 2 — Miscellaneous provisions
24

(b)
if he does not, immediately inform the person who does have
custody of the detained person that those matters no longer
apply in the detained person’s case.
      (3)
A person with custody of the detained person who is informed in
accordance with this paragraph that those matters no longer apply in
5
his case must release that person immediately.”
(11)
This section does not apply in a case in which—
(a)
the arrest of the person detained under section 41 of the Terrorism Act
2000 (c. 11) took place before the commencement of this section; or
(b)
his examination under Schedule 7 to that Act began before the
10
commencement of this section.
24
Grounds for extending detention
(1)
In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which
a review officer may authorise continued detention), after paragraph (b)
insert—
15
“(ba)
pending the result of an examination or analysis of any
relevant evidence or of anything the examination or analysis
of which is to be or is being carried out with a view to
obtaining relevant evidence;”.
(2)
In sub-paragraph (1) of paragraph 32 of that Schedule (grounds on which a
20
judicial authority may authorise further detention), for the words from “to
obtain” to “preserve relevant evidence” substitute “as mentioned in sub-
paragraph (1A)”.
(3)
After that sub-paragraph insert—
   “(1A)
The further detention of a person is necessary as mentioned in this
25
sub-paragraph if it is necessary—
(a)
to obtain relevant evidence whether by questioning him or
otherwise;
(b)
to preserve relevant evidence; or
(c)
pending the result of an examination or analysis of any
30
relevant evidence or of anything the examination or analysis
of which is to be or is being carried out with a view to
obtaining relevant evidence.”
(4)
In paragraph 23(4) (meaning of “relevant evidence”), for “sub-paragraph (1)(a)
and (b)” substitute “this paragraph”.
35
(5)
This section does not apply in a case in which—
(a)
the arrest of the person detained under section 41 of the Terrorism Act
2000 took place before the commencement of this section; or
(b)
his examination under Schedule 7 to that Act began before the
commencement of this section.
40