Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(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
subsection (1);
(b)
an offence of incitement to commit such an offence;
(c)
an offence of aiding, abetting, counselling or procuring the commission
of such an offence;
(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.
Part 3
Prosecution and punishment of terrorist offences
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Jurisdiction
27
Jurisdiction to try offences committed in the UK
(1)
Where an offence to which this section applies is committed in the United
Kingdom—
(a)
proceedings for the offence may be taken at any place in the United
20
Kingdom, and
(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
2000 (c. 11)—
sections 11 to 13 (offences relating to proscribed organisations),
sections 15 to 19, 21A and 21D (offences relating to terrorist
property),
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
or restriction),
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
border controls);

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(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
intimidate);
(c)
an offence under any of the following provisions of the Terrorism Act
2006 (c. 11)—
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
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 commission
15
of such an offence.
(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.
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Consent to prosecution
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”.
Sentencing
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
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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
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a court when dealing with a person in respect of the offence.

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(6)
This section has effect in relation only to offences committed on or after the day
it comes into force.
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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
(b)
proved,

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
connection.
(5)
This section has effect in relation only to offences committed on or after the day
it comes into force.
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.
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Forfeiture
32
Forfeiture: terrorist property offences
For section 23 of the Terrorism Act 2000 (c. 11) (forfeiture) substitute—
“Forfeiture
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

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(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
control and which—
(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
their control and which—
(a)
had been used for the purposes of terrorism, or
(b)
was, at that time, intended by them to be used for those
15
purposes.
(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
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(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.
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(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
offences) insert—
“23A
Forfeiture: other terrorism offences and offences with a terrorist
connection
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
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(b)
that—
(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
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terrorism unless forfeited.

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(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);
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section 59, 60 or 61 (inciting terrorism outside the United
Kingdom);
(b)
any of the following provisions of Part 1 of the Terrorism Act
2006 (c. 11)—
section 2 (dissemination of terrorist publications);
10
section 5 (preparation of terrorist acts);
sections 9 to 11 (offences involving radioactive devices or
materials).
(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
considered) as to which—
(a)
in England and Wales, the court dealing with the offence has
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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—
“(aa)
section 23A(5);”;
(b)
in subsection (5), for “paragraph (b)” substitute “paragraph (aa) or (b)”.
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34
Forfeiture: supplementary provisions
After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 33
above), insert—
“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—
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Counter-Terrorism Bill
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(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
sentence, and
(b)
in summary proceedings, before the court sentences the
accused;
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
damage, or
(b)
any such offence is taken into consideration by the court in
determining sentence,

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
of the forfeiture.
      (2)
For this purpose the proceeds of the forfeiture means the aggregate
amount of—
(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,
disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or
3(1).
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      (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

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Part 3 — Prosecution and punishment of terrorist offences
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insert—
“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
damage, or
(b)
any such offence is taken into consideration by the court in
determining sentence,

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
of the forfeiture.
      (2)
For this purpose the proceeds of the forfeiture means the aggregate
amount of—
(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,
disposal or realisation,

reduced by the amount of any payment under paragraph 16(1)(c) or
17(2).
      (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
specified amount.”.
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(3)
In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph
32 insert—
“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
damage, or
(b)
any such offence is taken into consideration by the court in
determining sentence,

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
of the forfeiture.
      (2)
For this purpose the proceeds of the forfeiture means the aggregate
amount of—
(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,
disposal or realisation,

reduced by the amount of any payment under paragraph 30(1)(d) or
31(1).
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