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
26

      (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.

Offence
Items liable to forfeiture

Section 54
Anything that the court

15

(weapons training)
considers to have been in the

possession of the person for

purposes connected with the

offence.

Section 57
Any article that is the subject

20

(possession for
matter of the offence.

terrorist purposes)

Section 58
Any document or record

(collection of
containing information of the

information)
kind mentioned in subsection

25

(1)(a) of that section.

Section 58A
Any document or record

(eliciting,
containing information of the

publishing or
kind mentioned in subsection

communicating
(1)(a) of that section.

30

information about

members of armed

forces)

(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

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
27

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
committing the offence.
(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
to 36.

Counter-Terrorism Bill
Part 4 — Notification requirements
28

Part 4
Notification requirements
Introductory
38
Scheme of this Part
(1)
This Part imposes notification requirements on persons dealt with in respect of
5
certain offences—
(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
apply.
(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
Schedule 5).
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
2000 (c. 11)—
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
terrorism),
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),

Counter-Terrorism Bill
Part 4 — Notification requirements
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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
etc).
(2)
This Part also applies to—
(a)
an offence of conspiring or attempting to commit an offence listed in
subsection (1);
(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
of such an offence.
(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

Counter-Terrorism Bill
Part 4 — Notification requirements
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(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
this Part—
(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
found—
(i)
unfit to be tried for the offence,
15
(ii)
insane so that their trial for the offence cannot or could not
proceed, or
(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
persons under 18), or
(vii)
detention during Her Majesty's pleasure; or
(b)
has been—
(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—

Counter-Terrorism Bill
Part 4 — Notification requirements
31

(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
months or more,
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
(b)
has been—
(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
months or more,
(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
months or more; or
(b)
has been—
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
as life imprisonment.
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.

Counter-Terrorism Bill
Part 4 — Notification requirements
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(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
44
Initial notification
(1)
A person to whom the notification requirements apply must notify the
following information to the police within the period of three days beginning
with—
15
(a)
the day on which the person is dealt with in respect of the offence in
question, or
(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—
(a)
date of birth;
(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,
each of those names);
(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
Secretary of State.

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—