|
| |
|
(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 Article 14 of the Criminal |
| |
Justice (Northern Ireland) Order 1994 under which the offender |
| |
would have been required to pay compensation of an amount not |
| 5 |
less than the specified amount.”. |
| |
36 | Forfeiture: other amendments |
| |
(1) | For section 120A of the Terrorism Act 2000 (c. 11) (supplemental powers of the |
| |
court in respect of forfeiture orders) substitute— |
| |
“120A | Supplementary powers of forfeiture |
| 10 |
(1) | A court by or before which a person is convicted of an offence under a |
| |
provision mentioned in column 1 of the following table may order the |
| |
forfeiture of any item mentioned in column 2 in relation to that offence. |
| |
| | Items liable to forfeiture |
| | | | | | | 15 | | | considers to have been in the |
| | | | | possession of the person for |
| | | | | purposes connected with the |
| | | | | | | | | | Any article that is the subject |
| | 20 | | | | | | | | | | | | | | | | | | containing information of the |
| | | | | kind mentioned in subsection |
| | 25 | | | | | | | | | | | | | containing information of the |
| | | | | kind mentioned in subsection |
| | | | | | | 30 | | | | | | | | | | | | | | | |
|
(2) | Before making an order under this section, a court must give an |
| |
opportunity to be heard to any person, other than the convicted person, |
| 35 |
who claims to be the owner or otherwise interested in anything which |
| |
can be forfeited under this section. |
| |
(3) | An order under this section does not come into force until there is no |
| |
further possibility of it being varied, or set aside, on appeal |
| |
(disregarding any power of a court to grant leave to appeal out of time). |
| 40 |
(4) | Where a court makes an order under this section, it may also make such |
| |
other provision as appears to it to be necessary for giving effect to the |
| |
|
| |
|
| |
|
forfeiture, including, in particular, provision relating to the retention, |
| |
handling, disposal or destruction of what is forfeited. |
| |
(5) | Provision made by virtue of subsection (4) may be varied at any time |
| |
by the court that made it. |
| |
(6) | The power of forfeiture under this section is in addition to any power |
| 5 |
of forfeiture under section 23A.”. |
| |
(2) | After section 11 of the Terrorism Act 2006 (c. 11) (terrorist threats relating to |
| |
devices, materials or facilities) insert— |
| |
“11A | Forfeiture of devices, materials or facilities |
| |
(1) | A court by or before which a person is convicted of an offence under |
| 10 |
section 9 or 10 may order the forfeiture of any radioactive device or |
| |
radioactive material, or any nuclear facility, made or used in |
| |
| |
(2) | A court by or before which a person is convicted of an offence under |
| |
section 11 may order the forfeiture of any radioactive device or |
| 15 |
radioactive material, or any nuclear facility, which is the subject of— |
| |
(a) | a demand under subsection (1) of that section, or |
| |
(b) | a threat falling within subsection (3) of that section. |
| |
(3) | Before making an order under this section, a court must give an |
| |
opportunity to be heard to any person, other than the convicted person, |
| 20 |
who claims to be the owner or otherwise interested in anything which |
| |
can be forfeited under this section. |
| |
(4) | An order under this section does not come into force until there is no |
| |
further possibility of it being varied, or set aside, on appeal |
| |
(disregarding any power of a court to grant leave to appeal out of time). |
| 25 |
(5) | Where a court makes an order under this section, it may also make such |
| |
other provision as appears to it to be necessary for giving effect to the |
| |
forfeiture, including, in particular, provision relating to the retention, |
| |
handling, disposal or destruction of what is forfeited. |
| |
(6) | Provision made by virtue of subsection (5) may be varied at any time |
| 30 |
by the court that made it. |
| |
(7) | The power of forfeiture under this section is in addition to any power |
| |
of forfeiture under section 23A of the Terrorism Act 2000.”. |
| |
37 | Forfeiture: consequential amendments |
| |
Schedule 3 contains amendments consequential on those made by sections 32 |
| 35 |
| |
|
| |
|
| |
|
| |
Notification requirements |
| |
| |
| |
(1) | This Part imposes notification requirements on persons dealt with in respect of |
| 5 |
| |
(a) | sections 39 to 41 specify the offences to which this Part applies; |
| |
(b) | sections 42 and 43 make provision as to the sentences or orders |
| |
triggering the notification requirements; |
| |
(c) | sections 44 to 50 contain the notification requirements; and |
| 10 |
(d) | section 51 makes provision as to the period for which the requirements |
| |
| |
(2) | This Part also provides for— |
| |
(a) | orders applying the notification requirements to persons dealt with |
| |
outside the United Kingdom for corresponding foreign offences (see |
| 15 |
section 53 and Schedule 4); and |
| |
(b) | orders imposing restrictions on travel outside the United Kingdom on |
| |
persons subject to the notification requirements (see section 54 and |
| |
| |
Offences to which this Part applies |
| 20 |
39 | Offences to which this Part applies: terrorism offences |
| |
(1) | This Part applies to— |
| |
(a) | an offence under any of the following provisions of the Terrorism Act |
| |
| |
section 11 or 12 (offences relating to proscribed organisations), |
| 25 |
sections 15 to 18 (offences relating to terrorist property), |
| |
section 38B (failure to disclose information about acts of |
| |
| |
section 54 (weapons training), |
| |
sections 56 to 61 (directing terrorism, possessing things and |
| 30 |
collecting information for the purposes of terrorism and inciting |
| |
terrorism outside the United Kingdom); |
| |
(b) | an offence in respect of which there is jurisdiction by virtue of any of |
| |
sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of |
| |
certain offences committed outside the United Kingdom for the |
| 35 |
purposes of terrorism etc); |
| |
(c) | an offence under section 113 of the Anti-terrorism, Crime and Security |
| |
Act 2001 (c. 24) (use of noxious substances or things), as that section |
| |
applies to conduct outside the United Kingdom; |
| |
(d) | an offence under any of the following provisions of Part 1 of the |
| 40 |
Terrorism Act 2006 (c. 11)— |
| |
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 and |
| |
material and nuclear facilities); |
| |
(e) | an offence in respect of which there is jurisdiction by virtue of section |
| |
17 of that Act (extra-territorial jurisdiction in respect of certain offences |
| |
committed outside the United Kingdom for the purposes of terrorism |
| 5 |
| |
(2) | This Part also applies to— |
| |
(a) | an offence of conspiring or attempting to commit an offence listed in |
| |
| |
(b) | an offence of incitement to commit such an offence; |
| 10 |
(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 |
| |
| |
(3) | The Secretary of State may by order amend subsection (1) or (2). |
| 15 |
(4) | Any such order is subject to affirmative resolution procedure. |
| |
(5) | An order adding an offence applies only in relation to offences dealt with after |
| |
the order comes into force. |
| |
(6) | An order removing an offence has effect in relation to offences whenever dealt |
| |
with, whether before or after the order comes into force. |
| 20 |
(7) | A person subject to the notification requirements in respect of an offence that |
| |
is removed from the list (and who is not also subject to those requirements in |
| |
respect of another offence that remains listed) ceases to be subject to the |
| |
requirements when the order comes into force. |
| |
40 | Exclusion of offences dealt with by service courts |
| 25 |
(1) | This Part does not apply to an offence that is dealt with by a service court. |
| |
(2) | A “service court” means the Court Martial, the Summary Appeal Court, the |
| |
Service Civilian Court or the Court Martial Appeal Court. |
| |
(3) | Until the commencement of the relevant provisions of the Armed Forces Act |
| |
2006 (c. 52), the following is substituted for subsection (2)— |
| 30 |
“(2) | A “service court” means— |
| |
(a) | a court-martial constituted under the Army Act 1955, the Air |
| |
Force Act or the Naval Discipline Act 1957; |
| |
(b) | a summary appeal court constituted under section 83ZA of the |
| |
Army Act 1955, section 83ZA of the Air Force Act 1955 or |
| 35 |
section 52FF of the Naval Discipline Act 1957; |
| |
(c) | the Courts-Martial Appeal Court; or |
| |
(d) | a Standing Civilian Court.”. |
| |
41 | Offences dealt with before commencement |
| |
(1) | This Part applies to a person dealt with for an offence before the |
| 40 |
commencement of this Part only if— |
| |
(a) | the offence is one of those listed in section 39 (offences to which this |
| |
Part applies: terrorism offences), and |
| |
|
| |
|
| |
|
(b) | immediately before commencement the person— |
| |
(i) | is imprisoned or detained in pursuance of the sentence or other |
| |
order made in respect of the offence, |
| |
(ii) | has been released on licence, or |
| |
(iii) | is unlawfully at large. |
| 5 |
(2) | In relation to a person dealt with for an offence before the commencement of |
| |
| |
(a) | any reference in this Part to a sentence, order or finding under a |
| |
specified statutory provision includes a sentence or order under any |
| |
corresponding earlier statutory provision; |
| 10 |
(b) | any reference in this Part to a person being or having been found to be |
| |
under a disability and to have done the act charged against them in |
| |
respect of an offence includes a reference to their being or having been |
| |
| |
(i) | unfit to be tried for the offence, |
| 15 |
(ii) | insane so that their trial for the offence cannot or could not |
| |
| |
(iii) | unfit to be tried and to have done the act charged against them |
| |
in respect of the offence. |
| |
Persons to whom the notification requirements apply |
| 20 |
42 | Sentences or orders triggering notification requirements |
| |
(1) | The notification requirements apply to a person who in England and Wales— |
| |
(a) | has been convicted of an offence to which this Part applies and |
| |
sentenced in respect of the offence to— |
| |
(i) | imprisonment (or custody) for life, |
| 25 |
(ii) | imprisonment (or detention in a young offender institution) for |
| |
a term of 12 months or more, |
| |
(iii) | imprisonment (or detention) for public protection under section |
| |
225 of the Criminal Justice Act 2003, |
| |
(iv) | detention for a period of 12 months or more under section 91 of |
| 30 |
the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
(offenders under 18 convicted of certain serious offences), |
| |
(v) | a detention and training order for a term of 12 months or more |
| |
under section 100 of that Act (offenders under age of 18), |
| |
(vi) | detention for public protection under section 226 of the |
| 35 |
Criminal Justice Act 2003 (c. 44) (serious offences committed by |
| |
| |
(vii) | detention during Her Majesty's pleasure; or |
| |
| |
(i) | convicted of an offence to which this Part applies carrying a |
| 40 |
maximum term of imprisonment of 12 months or more, |
| |
(ii) | found not guilty by reason of insanity of such an offence, or |
| |
(iii) | found to be under a disability and to have done the act charged |
| |
against them in respect of such an offence, |
| |
| and made subject in respect of the offence to a hospital order. |
| 45 |
(2) | The notification requirements apply to a person who in Scotland— |
| |
|
| |
|
| |
|
(a) | has been convicted of an offence to which this Part applies and |
| |
sentenced in respect of the offence to— |
| |
(i) | imprisonment for a term of 12 months or more, |
| |
(ii) | detention in a young offenders institution for a term of 12 |
| |
| 5 |
(iii) | detention for a period of 12 months or more under section 208 |
| |
of the Criminal Procedure (Scotland) Act 1995 (c. 46) (detention |
| |
of children convicted on indictment), or |
| |
(iv) | imprisonment under section 210A of that Act (extended |
| |
sentences for sex and violent offenders); or |
| 10 |
| |
(i) | convicted of an offence to which this Part applies carrying a |
| |
maximum term of imprisonment of twelve months or more, |
| |
(ii) | acquitted of such an offence on grounds of insanity at the time |
| |
of the act or omission constituting the offence, or |
| 15 |
(iii) | found, following an examination of facts under section 55 of the |
| |
Criminal Procedure (Scotland) Act 1995 (insanity in bar of trial: |
| |
examination of facts) in relation to such an offence, to have done |
| |
the act or omission constituting the offence, |
| |
| and made subject in respect of the offence to a hospital order. |
| 20 |
(3) | The notification requirements apply to a person who in Northern Ireland— |
| |
(a) | has been convicted of an offence to which this Part applies and |
| |
sentenced in respect of the offence to— |
| |
(i) | imprisonment for a term of 12 months or more, |
| |
(ii) | detention in a young offender institution for a term of 12 |
| 25 |
| |
(iii) | a juvenile justice centre order under Article 39 of the Criminal |
| |
Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 |
| |
(N.I. 9)) for a period of 12 months or more, |
| |
(iv) | detention during the pleasure of the Secretary of State under |
| 30 |
Article 45(1) of that Order (punishment of certain grave crimes |
| |
committed by a child), or |
| |
(v) | detention under Article 45(2) of that Order for a period of 12 |
| |
| |
| 35 |
(i) | convicted of an offence to which this Part applies carrying a |
| |
maximum term of imprisonment of 12 months or more, |
| |
(ii) | found not guilty by reason of insanity of such an offence, or |
| |
(iii) | found to be under a disability and to have done the act charged |
| |
against them in respect of such an offence, |
| 40 |
| and made subject in respect of the offence to a hospital order. |
| |
(4) | The references in this section to an offence carrying a maximum term of |
| |
imprisonment of 12 months or more include an offence carrying a maximum |
| |
term of life imprisonment and an offence for which the sentence is fixed by law |
| |
| 45 |
43 | Power to amend specified terms or periods of imprisonment or detention |
| |
(1) | The Secretary of State may by order amend the provisions of section 42 |
| |
referring to a specified term or period of imprisonment or detention. |
| |
|
| |
|
| |
|
(2) | An order reducing a specified term or period has effect only in relation to |
| |
persons dealt with after the order comes into force. |
| |
(3) | Where an order increases a specified term or period— |
| |
(a) | it has effect in relation to persons dealt with at any time, whether before |
| |
or after the order comes into force, and |
| 5 |
(b) | a person who would not have been subject to the notification |
| |
requirements if the order had been in force when the offence was dealt |
| |
with (and who is not otherwise subject to those requirements) ceases to |
| |
be subject to the requirements when the order comes into force. |
| |
(4) | An order under this section is subject to affirmative resolution procedure. |
| 10 |
Notification requirements |
| |
| |
(1) | A person to whom the notification requirements apply must notify the |
| |
following information to the police within the period of three days beginning |
| |
| 15 |
(a) | the day on which the person is dealt with in respect of the offence in |
| |
| |
(b) | if the person was dealt with for the offence before the commencement |
| |
of this Part and immediately before commencement— |
| |
(i) | has been released on licence, or |
| 20 |
(ii) | is unlawfully at large, |
| |
| the commencement of this Part. |
| |
(2) | The information required is— |
| |
| |
(b) | national insurance number; |
| 25 |
(c) | name on the date on which the person was dealt with in respect of the |
| |
offence (where the person used one or more other names on that date, |
| |
| |
(d) | home address on that date; |
| |
(e) | name on the date on which notification is made (where the person uses |
| 30 |
one or more other names on that date, each of those names); |
| |
(f) | home address on the date on which notification is made; |
| |
(g) | address of any other premises in the United Kingdom at which, at the |
| |
time the notification is made, the person regularly resides or stays; |
| |
(h) | any prescribed information. |
| 35 |
(3) | In subsection (2) “prescribed” means prescribed by regulations made by the |
| |
| |
| Such regulations are subject to affirmative resolution procedure. |
| |
(4) | In determining the period within which notification is to be made under this |
| |
section, there shall be disregarded any time when the person is— |
| 40 |
(a) | remanded in or committed to custody by an order of a court, |
| |
(b) | serving a sentence of imprisonment or detention, or |
| |
(c) | detained in a hospital. |
| |
(5) | This section does not apply to a person who— |
| |
|
| |
|