Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 3 — Offences where terrorist connection to be considered
74

(c)
section 4 (making or possession of explosive under suspicious
circumstances),
(d)
section 5 (punishment of accessories).

An offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(restriction on development etc of certain biological agents and toxins and of
5
biological weapons).

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking).

An offence under any of the following sections of the Aviation Security Act
1982 (c. 36)—
10
(a)
section 1 (hijacking),
(b)
section 2 (destroying, damaging or endangering safety of aircraft),
(c)
section 3 (other acts endangering or likely to endanger safety of
aircraft),
(d)
section 4 (offences in relation to certain dangerous articles).
15
(e)
section 6(2) (inducing or assisting commission of offence under
section 1, 2 or 3 outside the United Kingdom).

An offence under any of the following sections of the Nuclear Material
(Offences) Act 1983 (c. 18)—
(a)
section 1B (offences relating to damage to the environment),
20
(b)
section 1C (offences of importing or exporting etc nuclear materials:
extended jurisdiction),
(c)
section 2 (offences involving preparatory acts and threats), so far as
relating to an offence specified in this Schedule.

An offence under any of the following sections of the Aviation and Maritime
25
Security Act 1990 (c. 31)—
(a)
section 1 (endangering safety at aerodromes),
(b)
section 9 (hijacking of ships),
(c)
section 10 (seizing or exercising control of fixed platforms),
(d)
section 11 (destroying ships or fixed platforms or endangering their
30
safety),
(e)
section 14(4) (inducing or assisting the commission of an offence
outside the United Kingdom), so far as relating to an offence under
section 9 or 11 of that Act.

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I.
35
1994/570) (offences against the safety of channel tunnel trains and the tunnel
system).

An offence under any of the following sections of the Chemical Weapons Act
1996 (c. 6)—
(a)
section 2 (use etc of chemical weapons),
40
(b)
section 11 (premises or equipment for producing chemical weapons).

An offence under any of the following sections of the Anti-Terrorism, Crime
and Security Act 2001 (c. 24)—
(a)
section 47 (use etc of nuclear weapons),
(b)
section 114 (hoaxes involving noxious substances or things).
45

Counter-Terrorism Bill
Schedule 4 — Forfeiture: consequential amendments
75

Ancillary offences

An offence of—
(a)
aiding, abetting, counselling, procuring or inciting the commission
of an offence specified in this Schedule,
(b)
conspiring to commit an offence specified in this Schedule, or
5
(c)
attempting to commit an offence specified in this Schedule.

An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging
or assisting crime) in relation to an offence specified in this Schedule.
Schedule 4
Section 38

Forfeiture: consequential amendments
10
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
1
In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after
“section 23” insert “or 23A”.
Terrorism Act 2000 (c. 11)
2
In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).
15
3
In section 58 of that Act, omit subsections (5) to (7).
4
In section 119(1) of that Act for “sections 15 to 23” substitute “sections 15 to
23A”.
5     (1)
Schedule 4 to that Act is amended as follows.
      (2)
In paragraph 1—
20
(a)
in the definition of “forfeiture order” after “section 23” insert “or
23A”;
(b)
after the definition of “forfeited property” insert—
““relevant offence” means—
(a)
an offence under any of sections 15 to 18,
25
(b)
an offence to which section 23A applies, or
(c)
in relation to a restraint order, any offence
specified in Schedule 3 to the Counter-
Terrorism Act 2008 (offences where terrorist
connection to be considered).”.
30
      (3)
In paragraph 2(1)(d) for “section 23(7)” substitute “section 23B(1)”.
      (4)
In paragraph 4(2)(c) for “section 23(7)” substitute “section 23B(1)”.
      (5)
In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
      (6)
In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18”
35
substitute “relevant offences”.
      (7)
Omit the heading before paragraph 9.
      (8)
In paragraph 9(2)—

Counter-Terrorism Bill
Schedule 4 — Forfeiture: consequential amendments
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(a)
in the opening words, for “an offence under any of sections 15 to 18”
substitute “a relevant offence”;
(b)
in paragraphs (a), (b) and (c), for “an offence under any of those
sections” substitute “a relevant offence”.
      (9)
In paragraph 10(1)(a) for “an offence under any of sections 15 to 18”
5
substitute “a relevant offence”.
     (10)
In paragraph 12 after “section 23”, in each place where it occurs, insert “or
23A”.
     (11)
In paragraph 15—
(a)
in the definition of “forfeiture order” after “section 23” insert “or
10
23A”;
(b)
after the definition of “forfeited property” insert—
““relevant offence” means—
(a)
an offence under any of sections 15 to 18,
(b)
an offence to which section 23A applies, or
15
(c)
in relation to a restraint order, any offence
specified in Schedule 3 to the Counter-
Terrorism Act 2008 (offences where terrorist
connection to be considered).”.
     (12)
In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “section
20
23B(1)”.
     (13)
In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to
18” substitute “a relevant offence”.
     (14)
In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18”
substitute “relevant offences”.
25
     (15)
Omit the heading before paragraph 23.
     (16)
In paragraph 23(2)—
(a)
in the opening words for “an offence under any of sections 15 to 18”
substitute “a relevant offence”;
(b)
in paragraphs (a), (b) and (c) for “an offence under any of those
30
sections” substitute “a relevant offence”.
     (17)
In paragraph 24(1)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
     (18)
In paragraph 26 after “section 23”, in each place where it occurs, insert “or
23A”.
35
     (19)
In paragraph 29—
(a)
in the definition of “forfeiture order” after “section 23” insert “or
23A”;
(b)
after the definition of “forfeited property” insert—
““relevant offence” means—
40
(a)
an offence under any of sections 15 to 18, or
(b)
an offence to which section 23A applies.”.
     (20)
In paragraph 30(1)(d) for “section 23(7)” substitute “section 23B(1)”.
     (21)
In paragraph 32(2)(c) for “section 23(7)” substitute “section 23B(1)”.

Counter-Terrorism Bill
Schedule 5 — Notification orders
77

     (22)
In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to
18” substitute “a relevant offence”.
     (23)
In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18”
substitute “relevant offences”.
     (24)
In paragraph 38(4), in the definition of “prosecutor” for “an offence under
5
any of sections 15 to 18” substitute “a relevant offence”.
     (25)
Omit the heading before paragraph 39.
     (26)
In paragraph 39(2)—
(a)
in the opening words for “an offence under any of sections 15 to 18”
substitute “a relevant offence”;
10
(b)
in paragraphs (a), (b) and (c) for “an offence under any of those
sections” substitute “a relevant offence”.
     (27)
In paragraph 40(1)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
     (28)
In paragraph 42 after “section 23”, in each place where it occurs, insert “or
15
23A”.
     (29)
In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after
“section 23” insert “or 23A”.
6
In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after
“section 23” insert “or 23A”.
20
Proceeds of Crime Act 2002 (c. 29)
7     (1)
The Proceeds of Crime Act 2002 is amended as follows.
      (2)
In section 13(3)(d) after “section 23” insert “or 23A”.
      (3)
In section 82(e) after “section 23” insert “, 23A”.
      (4)
In section 97(3)(d) after “section 23” insert “or 23A”.
25
      (5)
In section 148(e) after “section 23” insert “, 23A”.
      (6)
In section 163(3)(d) after “section 23” insert “or 23A”.
      (7)
In section 230(e) after “section 23” insert “, 23A”.
Schedule 5
Section 54

Notification orders
30
Introductory
1
A “notification order” is an order applying the notification requirements of
this Part to a person who has been dealt with outside the United Kingdom
in respect of a corresponding foreign offence.

Counter-Terrorism Bill
Schedule 5 — Notification orders
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Corresponding foreign offences
2     (1)
A “corresponding foreign offence” means an act that—
(a)
constituted an offence under the law in force in a country outside the
United Kingdom, and
(b)
corresponds to an offence to which this Part applies.
5
      (2)
For this purpose an act punishable under the law in force in a country
outside the United Kingdom is regarded as constituting an offence under
that law however it is described in that law.
      (3)
An act corresponds to an offence to which this Part applies if—
(a)
it would have constituted an offence to which this Part applies by
10
virtue of section 40 if it had been done in any part of the United
Kingdom, or
(b)
it was, or took place in the course of, an act of terrorism or was done
for the purposes of terrorism.
      (4)
On an application for a notification order the condition in sub-paragraph
15
(3)(a) or (b) is to be taken to be met unless—
(a)
the defendant serves on the applicant, not later than rules of court
may provide, a notice—
(i)
stating that, on the facts as alleged with respect to the act
concerned, the condition is not in the defendant’s opinion
20
met,
(ii)
showing the defendant’s grounds for that opinion, and
(iii)
requiring the applicant to prove that the condition is met; or
(b)
the court permits the defendant to require the applicant to prove that
the condition is met without service of such a notice.
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      (5)
In the application of this paragraph in Scotland, for “defendant” substitute
“respondent”.
Conditions for making a notification order
3     (1)
The conditions for making a notification order in respect of a person are as
follows.
30
      (2)
The first condition is that under the law in force in a country outside the
United Kingdom—
(a)
the person has been convicted of a corresponding foreign offence
and has received in respect of the offence a sentence equivalent to a
sentence mentioned in section 44(1)(a), (2)(a) or (3)(a), or
35
(b)
a court exercising jurisdiction under that law has, in respect of a
corresponding foreign offence—
(i)
convicted the person or made a finding in relation to the
person equivalent to a finding mentioned in section
44(1)(b)(ii) or (iii), (2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding
40
of insanity or disability), and
(ii)
made the person subject to an order equivalent to a hospital
order.
      (3)
The second condition is that—
(a)
the sentence was imposed or order made after the commencement of
45
this Part, or

Counter-Terrorism Bill
Schedule 5 — Notification orders
79

(b)
the sentence was imposed or order made before the commencement
of this Part and immediately before that time the person—
(i)
was imprisoned or detained in pursuance of the sentence or
order,
(ii)
would have been so imprisoned or detained but for being
5
unlawfully at large or otherwise unlawfully absent, lawfully
absent on a temporary basis or on bail pending an appeal, or
(iii)
had been released on licence, or was subject to an equivalent
form of supervision, having served the whole or part of a
sentence of imprisonment for the offence.
10
      (4)
The third condition is that the period for which the notification requirements
would apply in respect of the offence (in accordance with section 52 as
modified by paragraph 10(2)(d)) has not expired.
      (5)
If on an application for a notification order it is proved that the conditions in
sub-paragraphs (2), (3) and (4) are met, the court must make the order.
15
Application for notification order
4     (1)
In England and Wales an application for a notification order in respect of a
person may only be made by a chief officer of police.
      (2)
An application may only be made if—
(a)
the person resides in the chief officer’s police area, or
20
(b)
the chief officer believes that the person is in, or is intending to come
to, that area.
      (3)
The application must be made by complaint to a magistrates’ court whose
commission area includes any part of the chief officer’s police area.
5     (1)
In Scotland an application for a notification order in respect of a person may
25
only be made by a chief constable.
      (2)
An application may only be made if—
(a)
the person resides in the area of the chief constable’s police force, or
(b)
the chief constable believes that the person is in, or is intending to
come to, that area.
30
      (3)
The application must be made by summary application to a sheriff within
whose sheriffdom any part of the area of the chief constable’s police force
lies.
      (4)
A record of evidence is to be kept on any summary application under this
paragraph.
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      (5)
Where the sheriff makes a notification order, the clerk of the court must give
a copy of the order to the respondent or send a copy to the respondent by
registered post or the recorded delivery service.
      (6)
An acknowledgement or certificate of delivery issued by the Post Office is
sufficient evidence of the delivery of the copy on the day specified in the
40
acknowledgement or certificate.
6     (1)
In Northern Ireland an application for a notification order in respect of a
person may only be made by the Chief Constable of the Police Service of
Northern Ireland.

Counter-Terrorism Bill
Schedule 5 — Notification orders
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      (2)
An application may only be made if—
(a)
the person resides in Northern Ireland, or
(b)
the Chief Constable believes that the person is in, or is intending to
come to, Northern Ireland.
      (3)
The application must be made by complaint under Part 8 of the Magistrates’
5
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
summary jurisdiction.
Appeals
7     (1)
In England and Wales the person against whom a notification order is made
may appeal against the making of the order.
10
      (2)
The appeal lies to the Crown Court.
8     (1)
In Scotland an interlocutor of the sheriff granting or refusing a notification
order is appealable.
      (2)
Where an appeal is taken against such an interlocutor, the interlocutor
continues in effect pending disposal of the appeal.
15
9     (1)
In Northern Ireland the person against whom a notification order is made
may appeal against the making of the order.
      (2)
The appeal lies to the county court.
Effect of notification order
10    (1)
The effect of a notification order is that the notification requirements of this
20
Part apply to the person in respect of whom it is made.
      (2)
The relevant provisions of this Part apply with the following
modifications—
(a)
references to when an offence was dealt with, or a person was dealt
with in respect of an offence, are to the time at which the relevant
25
sentence or order was imposed or made by the foreign court;
(b)
for the purposes of section 46 (initial notification) the period within
which notification is to be made begins with the date of service of the
notification order;
(c)
in section 50 (meaning of “local police area”) the reference to the
30
court that last dealt with the person in respect of the offence by virtue
of which the notification requirements apply shall be read as a
reference to the court by which the notification order was made;
(d)
in section 52 (period for which notification requirements apply) a
reference to a sentence or order of any description is to be read as a
35
reference to an equivalent sentence or order of the foreign court.