|
| |
|
(f) | an offence under paragraph 8 or 9 of Schedule 3 to the Justice and |
| |
Security (Northern Ireland) Act 2007 (c. 6) (offences in connection with |
| |
searches for munitions and transmitters in Northern Ireland). |
| |
(2) | The following are also terrorism offences for the purposes of those sections— |
| |
(a) | an offence of conspiring or attempting to commit an offence listed in |
| 5 |
| |
(b) | an offence of incitement to commit such an offence; |
| |
(c) | an offence of aiding, abetting, counselling or procuring the commission |
| |
| |
(d) | an offence under Part 2 of the Serious Crime Act 2007 (c. 27) |
| 10 |
(encouraging or assisting crime) in relation to such an offence. |
| |
(3) | The Secretary of State may by order amend subsection (1) or (2). |
| |
(4) | Any such order is subject to affirmative resolution procedure. |
| |
| |
Prosecution and punishment of terrorist offences |
| 15 |
| |
27 | Jurisdiction to try offences committed in the UK |
| |
(1) | Where an offence to which this section applies is committed in the United |
| |
| |
(a) | proceedings for the offence may be taken at any place in the United |
| 20 |
| |
(b) | the offence may for all incidental purposes be treated as having been |
| |
committed at any such place. |
| |
(2) | The section applies to— |
| |
(a) | an offence under any of the following provisions of the Terrorism Act |
| 25 |
| |
sections 11 to 13 (offences relating to proscribed organisations), |
| |
sections 15 to 19, 21A and 21D (offences relating to terrorist |
| |
| |
sections 38B and 39 (disclosure of and failure to disclose |
| 30 |
information about terrorism), |
| |
section 47 (offences relating to stop and search powers), |
| |
section 51 (parking a vehicle in contravention of an authorisation |
| |
| |
section 54 (weapons training), |
| 35 |
sections 56 to 58A (directing terrorism and possessing things or |
| |
collecting information for the purposes of terrorism), |
| |
section 116 (failure to stop a vehicle when required to do so), |
| |
paragraph 1 of Schedule 6 (failure to provide customer |
| |
information in connection with a terrorist investigation), |
| 40 |
paragraph 18 of Schedule 7 (offences in connection with port and |
| |
| |
|
| |
|
| |
|
(b) | an offence under section 113 of the Anti-terrorism, Crime and Security |
| |
Act 2001 (c. 24) (use of noxious substances or things to cause harm and |
| |
| |
(c) | an offence under any of the following provisions of the Terrorism Act |
| |
| 5 |
sections 1 and 2 (encouragement of terrorism), |
| |
sections 5, 6 and 8 (preparation and training for terrorism), |
| |
sections 9, 10 and 11 (offences relating to radioactive devices etc). |
| |
(3) | This section also applies to— |
| |
(a) | an offence of conspiring or attempting to commit an offence listed in |
| 10 |
| |
(b) | an offence of incitement to commit such an offence; |
| |
(c) | an offence under Part 2 of the Serious Crime Act 2007 (c. 27) |
| |
(encouraging or assisting crime) in relation to such an offence; |
| |
(d) | an offence of aiding, abetting, counselling or procuring the commission |
| 15 |
| |
(4) | The Secretary of State may by order amend subsection (2) or (3). |
| |
(5) | Any such order is subject to affirmative resolution procedure. |
| |
(6) | This section, and any order under subsection (4), applies to an offence |
| |
whenever committed, whether before or after this section comes into force. |
| 20 |
| |
28 | Consent to prosecution of offence committed outside UK |
| |
In section 117(2A) of the Terrorism Act 2000 (c. 11) and in section 19(2) of the |
| |
Terrorism Act 2006 (cases in which permission of Attorney General or |
| |
Advocate General for Northern Ireland required before DPP gives consent to |
| 25 |
prosecution), after “committed” insert “outside the United Kingdom or”. |
| |
| |
29 | Sentences for offences with a terrorist connection: England and Wales |
| |
(1) | This section applies where a court in England and Wales is considering for the |
| |
purposes of sentence the seriousness of an offence specified in Schedule 2 |
| 30 |
(offences where terrorist connection to be considered). |
| |
(2) | If it appears to the court that the offence has or may have a terrorist connection, |
| |
the court must determine whether that is the case. |
| |
(3) | For that purpose the court may hear evidence, and must take account of any |
| |
representations made by the prosecution and the defence, as in the case of any |
| 35 |
other matter relevant for the purposes of sentence. |
| |
(4) | If the court determines that the offence has a terrorist connection, the court— |
| |
(a) | must treat that fact as an aggravating factor, and |
| |
(b) | must state in open court that the offence was so aggravated. |
| |
(5) | In this section “sentence”, in relation to an offence, includes any order made by |
| 40 |
a court when dealing with a person in respect of the offence. |
| |
|
| |
|
| |
|
(6) | This section has effect in relation only to offences committed on or after the day |
| |
| |
30 | Sentences for offences with a terrorist connection: Scotland |
| |
(1) | This section applies where in Scotland, in relation to an offence specified in |
| |
Schedule 2 (offences where terrorist connection to be considered)— |
| 5 |
(a) | it is libelled in an indictment, and |
| |
| |
| that the offence has been aggravated by reason of having a terrorist connection. |
| |
(2) | Where this section applies, the court must take the aggravation into account in |
| |
determining the appropriate sentence. |
| 10 |
(3) | Where the sentence imposed by the court in respect of the offence is different |
| |
from that which the court would have imposed if the offence had not been |
| |
aggravated by reason of having a terrorist connection, the court must state the |
| |
extent of, and the reasons for, the difference. |
| |
(4) | For the purposes of this section, evidence from a single source is sufficient to |
| 15 |
prove that an offence has been aggravated by reason of having a terrorist |
| |
| |
(5) | This section has effect in relation only to offences committed on or after the day |
| |
| |
31 | Power to amend list of offences where terrorist connection to be considered |
| 20 |
(1) | The Secretary of State may by order amend Schedule 2 (offences where terrorist |
| |
connection to be considered). |
| |
(2) | Any such order is subject to affirmative resolution procedure. |
| |
(3) | An order adding an offence to that Schedule applies only in relation to offences |
| |
committed after the order comes into force. |
| 25 |
| |
32 | Forfeiture: terrorist property offences |
| |
For section 23 of the Terrorism Act 2000 (c. 11) (forfeiture) substitute— |
| |
| |
23 | Forfeiture: terrorist property offences |
| 30 |
(1) | The court by or before which a person is convicted of an offence under |
| |
any of sections 15 to 18 may make a forfeiture order in accordance with |
| |
the provisions of this section. |
| |
(2) | Where a person is convicted of an offence under section 15(1) or (2) or |
| |
16, the court may order the forfeiture of any money or other property |
| 35 |
which, at the time of the offence, the person had in their possession or |
| |
under their control and which— |
| |
(a) | had been used for the purposes of terrorism, or |
| |
|
| |
|
| |
|
(b) | they intended should be used, or had reasonable cause to |
| |
suspect might be used, for those purposes. |
| |
(3) | Where a person is convicted of an offence under section 15(3) the court |
| |
may order the forfeiture of any money or other property which, at the |
| |
time of the offence, the person had in their possession or under their |
| 5 |
| |
(a) | had been used for the purposes of terrorism, or |
| |
(b) | which, at that time, they knew or had reasonable cause to |
| |
suspect would or might be used for those purposes. |
| |
(4) | Where a person is convicted of an offence under section 17 or 18 the |
| 10 |
court may order the forfeiture of any money or other property which, |
| |
at the time of the offence, the person had in their possession or under |
| |
| |
(a) | had been used for the purposes of terrorism, or |
| |
(b) | was, at that time, intended by them to be used for those |
| 15 |
| |
(5) | Where a person is convicted of an offence under section 17 the court |
| |
may order the forfeiture of the money or other property to which the |
| |
arrangement in question related, and which— |
| |
(a) | had been used for the purposes of terrorism, or |
| 20 |
(b) | at the time of the offence, the person knew or had reasonable |
| |
cause to suspect would or might be used for those purposes. |
| |
(6) | Where a person is convicted of an offence under section 18 the court |
| |
may order the forfeiture of the money or other property to which the |
| |
arrangement in question related. |
| 25 |
(7) | Where a person is convicted of an offence under any of sections 15 to |
| |
18, the court may order the forfeiture of any money or other property |
| |
which wholly or partly, and directly or indirectly, is received by any |
| |
person as a payment or other reward in connection with the |
| |
commission of the offence.”. |
| 30 |
33 | Forfeiture: other terrorism offences and offences with a terrorist connection |
| |
(1) | After section 23 of the Terrorism Act 2000 (c. 11) (forfeiture: terrorist property |
| |
| |
“23A | Forfeiture: other terrorism offences and offences with a terrorist |
| |
| 35 |
(1) | The court by or before which a person is convicted of an offence to |
| |
which this section applies may order the forfeiture of any money or |
| |
other property in relation to which the following conditions are met— |
| |
(a) | that it was, at the time of the offence, in the possession or control |
| |
of the person convicted; and |
| 40 |
| |
(i) | it had been used for the purposes of terrorism, or |
| |
(ii) | it was intended by that person that it should be used for |
| |
the purposes of terrorism, or |
| |
(iii) | the court believes that it will be used for the purposes of |
| 45 |
terrorism unless forfeited. |
| |
|
| |
|
| |
|
(2) | This section applies to an offence under— |
| |
(a) | any of the following provisions of this Act— |
| |
section 54 (weapons training); |
| |
section 57, 58 or 58A (possessing things and collecting |
| |
information for the purposes of terrorism); |
| 5 |
section 59, 60 or 61 (inciting terrorism outside the United |
| |
| |
(b) | any of the following provisions of Part 1 of the Terrorism Act |
| |
| |
section 2 (dissemination of terrorist publications); |
| 10 |
section 5 (preparation of terrorist acts); |
| |
sections 9 to 11 (offences involving radioactive devices or |
| |
| |
(3) | This section applies to— |
| |
(a) | an offence of conspiring or attempting to commit an offence |
| 15 |
listed in subsection (2); |
| |
(b) | an offence of incitement to commit such an offence; |
| |
(c) | an offence under Part 2 of the Serious Crime Act 2007 (c. 27) |
| |
(encouraging or assisting crime) in relation to such an offence; |
| |
(d) | an offence of aiding, abetting, counselling or procuring the |
| 20 |
commission of such an offence. |
| |
(4) | This section also applies to an offence specified in Schedule 2 to the |
| |
Counter-Terrorism Act 2008 (offences where terrorist connection to be |
| |
| |
(a) | in England and Wales, the court dealing with the offence has |
| 25 |
determined, in accordance with section 29 of that Act, that the |
| |
offence has a terrorist connection; |
| |
(b) | in Scotland, it has been proved, in accordance with section 30 of |
| |
that Act, that the offence has a terrorist connection. |
| |
(5) | The Secretary of State may by order amend subsection (2) or (3).”. |
| 30 |
(2) | In section 123 of that Act (orders and regulations)— |
| |
(a) | in subsection (4) (instruments subject to affirmative resolution |
| |
procedure), after paragraph (a) insert— |
| |
| |
(b) | in subsection (5), for “paragraph (b)” substitute “paragraph (aa) or (b)”. |
| 35 |
34 | Forfeiture: supplementary provisions |
| |
After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 33 |
| |
| |
“23B | Forfeiture: supplementary provisions |
| |
(1) | Before making an order under section 23 or 23A, a court must give an |
| 40 |
opportunity to be heard to any person, other than the convicted person, |
| |
who claims to be the owner or otherwise interested in anything which |
| |
can be forfeited under that section. |
| |
(2) | In considering whether to make an order under section 23 or 23A in |
| |
respect of any property, a court shall have regard to— |
| 45 |
|
| |
|
| |
|
(a) | the value of the property, and |
| |
(b) | the likely financial and other effects on the convicted person of |
| |
the making of the order (taken together with any other order |
| |
that the court contemplates making). |
| |
(3) | A court in Scotland must not make an order under section 23 or 23A |
| 5 |
except on the application of the prosecutor— |
| |
(a) | in proceedings on indictment, when the prosecutor moves for |
| |
| |
(b) | in summary proceedings, before the court sentences the |
| |
| 10 |
| and for the purposes of any appeal or review, an order under either of |
| |
those sections made by a court in Scotland is a sentence. |
| |
(4) | Schedule 4 makes further provision in relation to forfeiture orders |
| |
under section 23 or 23A.”. |
| |
35 | Forfeiture: application of proceeds to compensate victims |
| 15 |
(1) | In Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders: |
| |
England and Wales), after paragraph 4 insert— |
| |
“Application of proceeds to compensate victims |
| |
4A (1) | Where a court makes a forfeiture order in a case where— |
| |
(a) | the offender has been convicted of an offence that has |
| 20 |
resulted in a person suffering personal injury, loss or |
| |
| |
(b) | any such offence is taken into consideration by the court in |
| |
| |
| the court may also order that an amount not exceeding a sum |
| 25 |
specified by the court is to be paid to that person out of the proceeds |
| |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| |
| |
(a) | any forfeited money, and |
| 30 |
(b) | the proceeds of the sale, disposal or realisation of any |
| |
forfeited property, after deduction of the costs of the sale, |
| |
| |
| reduced by the amount of any payment under paragraph 2(1)(d) or |
| |
| 35 |
(3) | The court may make an order under this paragraph only if it is |
| |
satisfied that but for the inadequacy of the offender’s means it would |
| |
have made a compensation order under section 130 of the Powers of |
| |
Criminal Courts (Sentencing) Act 2000 under which the offender |
| |
would have been required to pay compensation of an amount not |
| 40 |
less than the specified amount.”. |
| |
(2) | In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 17 |
| |
|
| |
|
| |
|
| |
“Application of proceeds to compensate victims |
| |
17A (1) | Where a court makes a forfeiture order in a case where— |
| |
(a) | the offender has been convicted of an offence that has |
| |
resulted in a person suffering personal injury, loss or |
| 5 |
| |
(b) | any such offence is taken into consideration by the court in |
| |
| |
| the court may also order that an amount not exceeding a sum |
| |
specified by the court is to be paid to that person out of the proceeds |
| 10 |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| |
| |
(a) | any forfeited money, and |
| |
(b) | the proceeds of the sale, disposal or realisation of any |
| 15 |
forfeited property, after deduction of the costs of the sale, |
| |
| |
| reduced by the amount of any payment under paragraph 16(1)(c) or |
| |
| |
(3) | The court may make an order under this paragraph only if it is |
| 20 |
satisfied that but for the inadequacy of the offender’s means it would |
| |
have made a compensation order under section 249 of the Criminal |
| |
Procedure (Scotland) Act 1995 under which the offender would have |
| |
been required to pay compensation of an amount not less than the |
| |
| 25 |
(3) | In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph |
| |
| |
“Application of proceeds to compensate victims |
| |
32A (1) | Where a court makes a forfeiture order in a case where— |
| |
(a) | the offender has been convicted of an offence that has |
| 30 |
resulted in a person suffering personal injury, loss or |
| |
| |
(b) | any such offence is taken into consideration by the court in |
| |
| |
| the court may also order that an amount not exceeding a sum |
| 35 |
specified by the court is to be paid to that person out of the proceeds |
| |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| |
| |
(a) | any forfeited money, and |
| 40 |
(b) | the proceeds of the sale, disposal or realisation of any |
| |
forfeited property, after deduction of the costs of the sale, |
| |
| |
| reduced by the amount of any payment under paragraph 30(1)(d) or |
| |
| 45 |
|
| |
|