|
| |
|
(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— |
| |
| 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 |
| |
| |
“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 |
| |
| |
(b) | in summary proceedings, before the court sentences the |
| 30 |
| |
| 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 |
|
| |
|
| |
|
(a) | the offender has been convicted of an offence that has |
| |
resulted in a person suffering personal injury, loss or |
| |
| |
(b) | any such offence is taken into consideration by the court in |
| |
| 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 |
| |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| |
| 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, |
| |
| |
| reduced by the amount of any payment under paragraph 2(1)(d) or |
| 15 |
| |
(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 |
| |
| |
“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 |
| |
| |
(b) | any such offence is taken into consideration by the court in |
| 30 |
| |
| 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 |
| |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| 35 |
| |
(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, |
| |
| 40 |
| reduced by the amount of any payment under paragraph 16(1)(c) or |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(3) | In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph |
| |
| |
“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 |
| |
| |
(b) | any such offence is taken into consideration by the court in |
| |
| |
| 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 |
| |
| |
(2) | For this purpose the proceeds of the forfeiture means the aggregate |
| |
| |
(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, |
| |
| |
| reduced by the amount of any payment under paragraph 30(1)(d) or |
| |
| 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. |
| |
| | Items liable to forfeiture |
| | | | | | | 35 | | | considers to have been in the |
| | | | | possession of the person for |
| | | | | purposes connected with the |
| | | | | | | | | | Any article that is the subject |
| | 40 | | | | | | | | | | |
|
|
| |
|
| |
|
| | Items liable to forfeiture |
| | | | | | | | | | containing information of the |
| | | | | kind mentioned in subsection |
| | | | | | | 5 | | | | | | | | containing information of the |
| | | | | kind mentioned in subsection |
| | | | | | | | | | | | 10 | | | | | | | | | | |
|
|
(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 |
| |
| |
(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, |
| |
|
| |
|
| |
|
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 |
| |
| |
Notification requirements |
| |
| |
| 20 |
(1) | This Part imposes notification requirements on persons dealt with in respect of |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
Offences to which this Part applies |
| |
40 | 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), |
| |
sections 15 to 18 (offences relating to terrorist property), |
| |
section 38B (failure to disclose information about acts of |
| 5 |
| |
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 |
| |
(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; |
| 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 |
| |
| |
(3) | The Secretary of State may by order amend subsection (1) or (2). |
| 35 |
(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. |
| |
|
| |
|