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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)

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(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

15

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

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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

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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),

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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

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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.

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

(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.

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

offences) insert—

“23A    

Forfeiture: other terrorism offences and offences with a terrorist

connection

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(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

(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

45

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);

5

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

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—

“(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
Part 3 — Prosecution and punishment of terrorist offences

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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

 
 

Counter-Terrorism Bill
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

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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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