Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects
17

(2)
A constable may question a person about a terrorism offence after the person
has been charged with the offence or been officially informed that they may be
prosecuted for it.
(3)
A constable may question a person about an offence where the person has been
sent for trial for the offence if—
5
(a)
the offence is a terrorism offence, or
(b)
a judge of the Crown Court—
(i)
has made an order under section 29 of the Criminal Procedure
and Investigations Act 1996 (c. 25) for a preparatory hearing to
be held in the case, and
10
(ii)
did so on the basis that the offence was within subsection (1C)
of that section (offences with a terrorist connection).
(4)
Codes of practice under section 66 of the Police and Criminal Evidence Act
1984 (c. 60) must make provision about the questioning of a person by a
constable in accordance with this section.
15
(5)
Nothing in this section prevents codes of practice under that section making
other provision for the questioning of a person by a constable about an
offence—
(a)
after the person has been charged with the offence or been officially
informed that they may be prosecuted for it, or
20
(b)
after the person has been sent for trial for the offence.
(6)
In section 34(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (effect
of accused’s failure to mention facts when questioned or charged:
circumstances in which the section applies) after paragraph (b) insert—

“; or
25
(c)
at any time after being charged with the offence, on being
questioned under section 24 of the Counter-Terrorism Act 2008
(post-charge questioning), failed to mention any such fact,”.
(7)
Nothing in section 36 or 37 of that Act (effect of accused’s failure or refusal to
account for certain matters) is to be read as excluding the operation of those
30
sections in relation to a request made in the course of questioning under this
section.
25
Post-charge questioning: Scotland
(1)
The following provisions apply in Scotland.
(2)
A constable may question a person about a terrorism offence after the person
35
has been charged with the offence.
(3)
A constable may question a person about any other offence after the person has
been charged with the offence if—
(a)
the person has appeared on petition in respect of the offence, and
(b)
it is averred in the petition that the offence has a terrorist connection.
40
(4)
A constable may question a person under subsection (2) or (3) at any time up
to the commencement of the trial.
(5)
Evidence of any statement obtained from a person as a result of questioning
under subsection (2) or (3) is not inadmissible solely because the questioning
occurred after the person had been charged.
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Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects
18

(6)
In this section “charged” means charged by the police.
26
Post-charge questioning: Northern Ireland
(1)
The following provisions apply in Northern Ireland.
(2)
A constable may question a person about a terrorism offence—
(a)
after the person has been charged with the offence or been officially
5
informed that they may be prosecuted for it, or
(b)
after the person has been sent for trial for the offence.
(3)
Codes of practice under Article 65 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) must make provision
about the questioning of a person by a constable in accordance with this
10
section.
(4)
Nothing in this section prevents codes of practice under that Article making
other provision for the questioning of a person by a constable about an
offence—
(a)
after the person has been charged with the offence or been officially
15
informed that they may be prosecuted for it, or
(b)
after the person has been sent for trial for the offence.
(5)
In Article 3(1) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I.
1988/1987 (N.I. 20)) (effect of accused’s failure to mention facts when
questioned or charged: circumstances in which the article applies) after sub-
20
paragraph (b) insert—

“; or
(c)
at any time after being charged with the offence, on being
questioned under section 26 of the Counter-Terrorism Act 2008
(post-charge questioning), failed to mention any such fact,”.
25
(6)
Nothing in Article 5 or 6 of that Order (effect of accused’s failure or refusal to
account for certain matters) is to be read as excluding the operation of those
Articles in relation to a request made in the course of questioning under this
section.
27
Post-charge questioning: meaning of “terrorism offence”
30
(1)
For the purposes of sections 24 to 26 (post-charge questioning) the following
are terrorism offences—
(a)
an offence under any of the following provisions of the Terrorism Act
2000 (c. 11)—
sections 11 to 13 (offences relating to proscribed organisations),
35
sections 15 to 19, 21A and 21D (offences relating to terrorist
property),
sections 38B and 39 (disclosure of and failure to disclose
information about terrorism),
section 54 (weapons training),
40
sections 56 to 58A (directing terrorism, possessing things and
collecting information for the purposes of terrorism),
sections 59 to 61 (inciting terrorism outside the United Kingdom),
paragraph 14 of Schedule 5 (order for explanation of material:
false or misleading statements),
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Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
19

paragraph 1 of Schedule 6 (failure to provide customer
information in connection with a terrorist investigation),
paragraph 18 of Schedule 7 (offences in connection with port and
border controls);
(b)
an offence in respect of which there is jurisdiction by virtue of any of
5
sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of
certain offences committed outside the United Kingdom for the
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);
10
(d)
an offence under any of the following provisions of Part 1 of the
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
15
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
etc);
20
(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
25
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)
30
(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
35
Jurisdiction
28
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
40
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—

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(a)
an offence under any of the following provisions of the Terrorism Act
2000 (c. 11)—
sections 11 to 13 (offences relating to proscribed organisations),
sections 15 to 19, 21A and 21D (offences relating to terrorist
property),
5
sections 38B and 39 (disclosure of and failure to disclose
information about terrorism),
section 47 (offences relating to stop and search powers),
section 51 (parking a vehicle in contravention of an authorisation
or restriction),
10
section 54 (weapons training),
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
15
information in connection with a terrorist investigation),
paragraph 18 of Schedule 7 (offences in connection with port and
border controls);
(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
20
intimidate);
(c)
an offence under any of the following provisions of the Terrorism Act
2006 (c. 11)—
sections 1 and 2 (encouragement of terrorism),
sections 5, 6 and 8 (preparation and training for terrorism),
25
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
subsection (2);
(b)
an offence of incitement to commit such an offence;
30
(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)
(encouraging or assisting crime) in relation to such an offence.
(4)
The Secretary of State may by order amend subsection (2) or (3).
35
(5)
Any such order is subject to affirmative resolution procedure.
(6)
The power conferred by subsection (4) may be exercised so as to add offences
to subsection (2) or (3) only if it appears to the Secretary of State necessary to
do so for the purpose of dealing with terrorism.
(7)
This section, and any order under subsection (4), applies to an offence
40
whenever committed, whether before or after this section comes into force.
Consent to prosecution
29
Consent to prosecution of offence committed outside UK
In section 117(2A) of the Terrorism Act 2000 and in section 19(2) of the
Terrorism Act 2006 (cases in which permission of Attorney General or
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Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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Advocate General for Northern Ireland required before DPP gives consent to
prosecution), after “committed” insert “outside the United Kingdom or”.
Sentencing
30
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
5
purposes of sentence the seriousness of an offence specified in Schedule 3
(offences where terrorist connection to be considered).
(2)
If having regard to the material before it for the purposes of sentencing it
appears to the court that the offence has or may have a terrorist connection, the
court must determine whether that is the case.
10
(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
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
15
(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
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
it comes into force.
20
31
Sentences for offences with a terrorist connection: Scotland
(1)
This section applies where in Scotland, in relation to an offence specified in
Schedule 3 (offences where terrorist connection to be considered)—
(a)
it is libelled in an indictment, and
(b)
proved,
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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.
(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
30
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
prove that an offence has been aggravated by reason of having a terrorist
connection.
35
(5)
This section has effect in relation only to offences committed on or after the day
it comes into force.
32
Power to amend list of offences where terrorist connection to be considered
(1)
The Secretary of State may by order amend Schedule 3 (offences where terrorist
connection to be considered).
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Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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(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.
Forfeiture
33
Forfeiture: terrorist property offences
5
For section 23 of the Terrorism Act 2000 (c. 11) (forfeiture) substitute—
“Forfeiture
23
Forfeiture: terrorist property offences
(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
10
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
which, at the time of the offence, the person had in their possession or
under their control and which—
15
(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
20
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)
which, at that time, they knew or had reasonable cause to
suspect would or might be used for those purposes.
25
(4)
Where a person is convicted of an offence under section 17 or 18 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 control and which—
(a)
had been used for the purposes of terrorism, or
30
(b)
was, at that time, intended by them to be used for those
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—
35
(a)
had been used for the purposes of terrorism, or
(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
40
arrangement in question related.
(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

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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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.”.
34
Forfeiture: other terrorism offences and offences with a terrorist connection
(1)
After section 23 of the Terrorism Act 2000 (c. 11) (forfeiture: terrorist property
5
offences) insert—
“23A
Forfeiture: other terrorism offences and offences with a terrorist
connection
(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
10
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
(b)
that—
(i)
it had been used for the purposes of terrorism, or
15
(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
terrorism unless forfeited.
(2)
This section applies to an offence under—
20
(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);
section 59, 60 or 61 (inciting terrorism outside the United
25
Kingdom);
(b)
any of the following provisions of Part 1 of the Terrorism Act
2006 (c. 11)—
section 2 (dissemination of terrorist publications);
section 5 (preparation of terrorist acts);
30
section 6 (training for terrorism);
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
35
listed in subsection (2);
(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)
40
(encouraging or assisting crime) in relation to such an offence.
(4)
This section also applies to an offence specified in Schedule 3 to the
Counter-Terrorism Act 2008 (offences where terrorist connection to be
considered) as to which—