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
24

(a)
in England and Wales, the court dealing with the offence has
determined, in accordance with section 30 of that Act, that the
offence has a terrorist connection;
(b)
in Scotland, it has been proved, in accordance with section 31 of
that Act, that the offence has a terrorist connection.
5
(5)
The Secretary of State may by order amend subsection (2) or (3).”.
(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);”;
10
(b)
in subsection (5), for “paragraph (b)” substitute “paragraph (aa) or (b)”.
35
Forfeiture: supplementary provisions
After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 34
above), insert—
“23B
Forfeiture: supplementary provisions
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(1)
Before making an order under section 23 or 23A, a court must give an
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
20
respect of any property, a court shall have regard to—
(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).
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(3)
A court in Scotland must not make an order under section 23 or 23A
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
30
accused;

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
36
Forfeiture: application of proceeds to compensate victims
(1)
In Part 1 of Schedule 4 to the Terrorism Act 2000 (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—
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Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
25

(a)
the offender has been convicted of an offence that has
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,
5

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
of the forfeiture.
      (2)
For this purpose the proceeds of the forfeiture means the aggregate
amount of—
10
(a)
any forfeited money, and
(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
15
3(1).
      (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
20
would have been required to pay compensation of an amount not
less than the specified amount.”.
(2)
In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 17
insert—
“Application of proceeds to compensate victims
25
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
damage, or
(b)
any such offence is taken into consideration by the court in
30
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
of the forfeiture.
      (2)
For this purpose the proceeds of the forfeiture means the aggregate
35
amount of—
(a)
any forfeited money, and
(b)
the proceeds of the sale, disposal or realisation of any
forfeited property, after deduction of the costs of the sale,
disposal or realisation,
40

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
satisfied that but for the inadequacy of the offender’s means it would
have made a compensation order under section 249 of the Criminal
45
Procedure (Scotland) Act 1995 under which the offender would have
been required to pay compensation of an amount not less than the
specified amount.”.

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
26

(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
5
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
10
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
15
(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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      (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
25
less than the specified amount.”.
37
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
30
(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

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(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

40

(possession for
matter of the offence.

terrorist purposes)

Counter-Terrorism Bill
Part 3 — Prosecution and punishment of terrorist offences
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Offence
Items liable to forfeiture

Section 58
Any document or record

(collection of
containing information of the

information)
kind mentioned in subsection

(1)(a) of that section.

5

Section 58A
Any document or record

(eliciting,
containing information of the

publishing or
kind mentioned in subsection

communicating
(1)(a) of that section.

information about

10

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,
who claims to be the owner or otherwise interested in anything which
15
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).
(4)
Where a court makes an order under this section, it may also make such
20
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.
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(6)
The power of forfeiture under this section is in addition to any power
of forfeiture under section 23A.”.
(2)
In section 7 of the Terrorism Act 2006 (c. 11), after subsection (6) insert—
“(7)
The power of forfeiture under this section is in addition to any power
of forfeiture under section 23A of the Terrorism Act 2000.”.
30
(3)
After section 11 of the Terrorism Act 2006 (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
section 9 or 10 may order the forfeiture of any radioactive device or
35
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
radioactive material, or any nuclear facility, which is the subject of—
40
(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,

Counter-Terrorism Bill
Part 4 — Notification requirements
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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).
5
(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
10
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.”.
38
Forfeiture: consequential amendments
Schedule 4 contains amendments consequential on those made by sections 33
15
to 37.
Part 4
Notification requirements
Introductory
39
Scheme of this Part
20
(1)
This Part imposes notification requirements on persons dealt with in respect of
certain offences—
(a)
sections 40 to 43 specify the offences to which this Part applies;
(b)
sections 44 and 45 make provision as to the sentences or orders
triggering the notification requirements;
25
(c)
sections 46 to 51 contain the notification requirements; and
(d)
section 52 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
30
outside the United Kingdom for corresponding foreign offences (see
section 54 and Schedule 5); and
(b)
orders imposing restrictions on travel outside the United Kingdom on
persons subject to the notification requirements (see section 55 and
Schedule 6).
35
Offences to which this Part applies
40
Offences to which this Part applies: terrorism offences
(1)
This Part applies to—

Counter-Terrorism Bill
Part 4 — Notification requirements
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(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),
sections 15 to 18 (offences relating to terrorist property),
section 38B (failure to disclose information about acts of
5
terrorism),
section 54 (weapons training),
sections 56 to 61 (directing terrorism, possessing things and
collecting information for the purposes of terrorism and inciting
terrorism outside the United Kingdom);
10
(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
purposes of terrorism etc);
(c)
an offence under section 113 of the Anti-terrorism, Crime and Security
15
Act 2001 (c. 24) (use of noxious substances or things);
(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),
20
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
25
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;
30
(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).
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(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.
40
(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.