Second Legislative Scrutiny Report: Counter-Terrorism and Border Security Bill Contents

4Extra-territorial jurisdiction

Clause 6

17.Clause 6 extends extra-territorial jurisdiction over section 13 of the Terrorism Act 2000, which criminalises wearing an item of clothing or wearing, carrying or displaying an article in a public place so as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.

18.We remain concerned that the extension of extraterritorial jurisdiction to certain offences is problematic in situations where there is no equivalent offence in the country concerned.12

19.The Government notes that prosecutions must be proportionate and that prosecutorial discretion, and the oversight of the Director of Public Prosecutions or Attorney General (in certain circumstances), provides an effective safeguard.13 Whilst such discretion and oversight may mitigate the excessive use of this power, we remain concerned that foreign nationals with no (or few) links to the UK could be prosecuted for conduct that was perfectly lawful at the time and in the place it occurred.

20.We suggest the following range of amendments:

Amendment 10

Page 5, leave out lines leave out subsection (3)

Comment: this amendment deletes the extension of extra-territorial jurisdiction to section 13 of the Terrorism Act 2000.

Amendment 11

Page 5, line 23, at end insert

(5) After paragraph (3) insert -

“(4) Save that an offence is only committed under paragraph (ca) of subsection (2) where:

(a) the relevant acts were an offence in the country where the acts took place; or

(b) the individual

(i) is a British national; or

(ii) has been present in the United Kingdom for a continuous period of at least six months in the last ten years.”

Comment: this amendment extends extra-territorial jurisdiction but only where the relevant conduct is criminal in the country concerned or there are sufficient links to the UK.

Published: 12 October 2018