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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

15

(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).

25

(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—

40

 
 

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).

20

      (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

 

35

 

(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

27

 
 

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.

25

(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

28

 

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.

 
 

 
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