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

Terrorism Bill


Terrorism Bill
Part 1 — Offences

8

 

(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

on indictment, to imprisonment for life.

5

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

(b)   

at the time he provides the instruction or training, he knows or suspects

10

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

(ii)   

for assisting the commission or preparation by others of such

15

acts or offences.

(2)   

A person commits an offence if—

(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

20

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

(ii)   

for assisting the commission or preparation by others of such

acts or offences.

25

(3)   

The skills are—

(a)   

the making, handling or use of a noxious substance, or of substances of

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

30

the commission or preparation of an act of terrorism or Convention

offence or in connection with assisting the commission or preparation

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

35

Convention offence, of any method or technique for doing anything.

(4)   

It is irrelevant for the purposes of subsections (1) and (2)—

(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

40

skills in which he is instructed or trained consist of 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; and

(c)   

whether assistance that a person intends to provide to others is

45

intended to be provided to one or more particular persons or to one or

more persons whose identities are not yet known.

 
 

Terrorism Bill
Part 1 — Offences

9

 

(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

5

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)

10

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-

15

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;

“substance” includes any natural or artificial substance (whatever its

20

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

order the forfeiture of anything the court considers to have been in the person’s

25

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

have an interest in it.

30

(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.

(4)   

Where a court makes an order under subsection (1), it may also make such

35

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.

(6)   

Provision made by virtue of this section may be varied at any time by the court

40

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;

 
 

Terrorism Bill
Part 1 — Offences

10

 

(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

5

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

10

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

15

such purposes.

(3)   

It is immaterial for the purposes of this section—

(a)   

whether the person concerned receives the instruction or training

himself; and

(b)   

whether the instruction or training is provided for purposes connected

20

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—

(a)   

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

25

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;

(c)   

on summary conviction in Scotland or Northern Ireland, to

30

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

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

35

(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

(1)   

A person commits an offence if—

40

(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

purposes of terrorism, or of making it available to be so used.

45

 
 

Terrorism Bill
Part 1 — Offences

11

 

(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

on indictment, to imprisonment for life.

5

(4)   

In this section—

“radioactive device” means—

(a)   

a nuclear weapon or other nuclear explosive device;

(b)   

a radioactive material dispersal device;

(c)   

a radiation-emitting device;

10

“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

ionising radiation, such as alpha radiation, beta radiation,

15

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;

(iii)   

endangering a person’s life; or

20

(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,

namely, machinery, equipment, appliances, tanks, containers, pipes

25

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

(1)   

A person commits an offence if he uses—

30

(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.

(2)   

A person commits an offence if, in the course of or in connection with the

35

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.

(3)   

A person guilty of an offence under this section shall be liable, on conviction

40

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

transportation device for use as an energy source in order to

45

propel it or for any other purpose; or

 
 

Terrorism Bill
Part 1 — Offences

12

 

(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

as in section 9.

(5)   

In subsection (4)—

5

“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

meaning of the Outer Space Act 1986 (c. 38)).

11      

Terrorist threats relating to devices, materials or facilities

10

(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—

(i)   

for the supply to himself or to another of a radioactive device or

of radioactive material;

15

(ii)   

for a nuclear facility to be made available to himself or to

another; or

(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

20

(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

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

25

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

purposes of terrorism; and

(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

30

in association with the threat are not met.

(3)   

A threat falls within this subsection if it is—

(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

35

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

be released.

(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—

40

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

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

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.

45

 
 

Terrorism Bill
Part 1 — Offences

13

 

(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

“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—

5

(a)   

a nuclear site; or

(b)   

a designated site.

(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

10

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

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

(1C)   

For this purpose—

15

(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

intruders; and

(b)   

that line shall be determined on the assumption that every gate,

20

door or other barrier across a way through a fence, wall or other

obstacle is closed.”

(4)   

After section 129(1) (sites in Scotland) insert—

“(1A)   

In this section ‘protected Scottish site’ means—

(a)   

a nuclear site in Scotland; or

25

(b)   

a designated Scottish site.

(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

30

perimeter of the protection provided for those premises; and

(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

35

is the line of the outermost fences, walls or other obstacles

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

40

obstacle is closed.”

 
 

 
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