Terrorism Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
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(b)
a plant or conveyance being used for the production, storage,
processing or transport of radioactive material;
“radioactive device” and “radioactive material” have the same meanings
as in section 9.
(5)
In subsection (4)—
5
“nuclear reactor” has the same meaning as in the Nuclear Installations Act
1965 (c. 57) (see section 26 of that Act);
“transportation device” means any vehicle or any space object (within the
meaning of the Outer Space Act 1986 (c. 38)).
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Terrorist threats relating to devices, materials or facilities
10
(1)
A person commits an offence if, in the course of or in connection with the
commission of an act of terrorism or for the purposes of terrorism—
(a)
he makes a demand—
(i)
for the supply to himself or to another of a radioactive device or
of radioactive material;
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(ii)
for a nuclear facility to be made available to himself or to
another; or
(iii)
for access to such a facility to be given to himself or to another;
(b)
he supports the demand with a threat that he or another will take action
if the demand is not met; and
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(c)
the circumstances and manner of the threat are such that it is reasonable
for the person to whom it is made to assume that there is real risk that
the threat will be carried out if the demand is not met.
(2)
A person also commits an offence if—
(a)
he makes a threat falling within subsection (3) in the course of or in
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connection with the commission of an act of terrorism or for the
purposes of terrorism; and
(b)
the circumstances and manner of the threat are such that it is reasonable
for the person to whom it is made to assume that there is real risk that
the threat will be carried out, or would be carried out if demands made
30
in association with the threat are not met.
(3)
A threat falls within this subsection if it is—
(a)
a threat to use radioactive material;
(b)
a threat to use a radioactive device; or
(c)
a threat to use or damage a nuclear facility in a manner that releases
35
radioactive material or creates or increases a risk that such material will
be released.
(4)
A person guilty of an offence under this section shall be liable, on conviction
on indictment, to imprisonment for life.
(5)
In this section—
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“nuclear facility” has the same meaning as in section 10;
“radioactive device” and “radioactive material” have the same meanings
as in section 9.
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Trespassing etc. on nuclear sites
(1)
The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.
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Terrorism Bill
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(2)
In sections 128(1), (4) and (7) and 129(1), (4) and (6) (trespassing etc. on a
designated site in England and Wales or Northern Ireland or in Scotland), for
“designated”, wherever occurring, substitute “protected”.
(3)
After section 128(1) (sites in England and Wales and Northern Ireland) insert—
“(1A)
In this section ‘protected site’ means—
5
(a)
a nuclear site; or
(b)
a designated site.
(1B)
In this section ‘nuclear site’ means—
(a)
so much of any premises in respect of which a nuclear site
licence (within the meaning of the Nuclear Installations Act
10
1965) is for the time being in force as lies within the outer
perimeter of the protection provided for those premises; and
(b)
so much of any other premises of which premises falling within
paragraph (a) form a part as lies within that outer perimeter.
(1C)
For this purpose—
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(a)
the outer perimeter of the protection provided for any premises
is the line of the outermost fences, walls or other obstacles
provided or relied on for protecting those premises from
intruders; and
(b)
that line shall be determined on the assumption that every gate,
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door or other barrier across a way through a fence, wall or other
obstacle is closed.”
(4)
After section 129(1) (sites in Scotland) insert—
“(1A)
In this section ‘protected Scottish site’ means—
(a)
a nuclear site in Scotland; or
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(b)
a designated Scottish site.
(1B)
In this section ‘nuclear site’ means—
(a)
so much of any premises in respect of which a nuclear site
licence (within the meaning of the Nuclear Installations Act
1965) is for the time being in force as lies within the outer
30
perimeter of the protection provided for those premises; and
(b)
so much of any other premises of which premises falling within
paragraph (a) form a part as lies within that outer perimeter.
(1C)
For this purpose—
(a)
the outer perimeter of the protection provided for any premises
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is the line of the outermost fences, walls or other obstacles
provided or relied on for protecting those premises from
intruders; and
(b)
that line shall be determined on the assumption that every gate,
door or other barrier across a way through a fence, wall or other
40
obstacle is closed.”

Terrorism Bill
Part 1 — Offences
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Increases of penalties
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Maximum penalty for possessing for terrorist purposes
(1)
In section 57(4)(a) of the Terrorism Act 2000 (c. 11) (10 years maximum
imprisonment for possession for terrorist purposes), for “10 years” substitute
“15 years”.
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(2)
Subsection (1) does not apply to offences committed before the commencement
of this section.
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Maximum penalty for certain offences relating to nuclear material
(1)
In section 2 of the Nuclear Material (Offences) Act 1983 (c. 18) (offences
involving preparatory acts and threats), for subsection (5) substitute—
10
“(5)
A person guilty of an offence under this section shall be liable, on
conviction on indictment, to imprisonment for life.”
(2)
Subsection (1) does not apply to offences committed before the commencement
of this section.
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Maximum penalty for contravening notice relating to encrypted information
15
(1)
In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence
of contravening disclosure requirement)—
(a)
in paragraph (a) of subsection (5), for “two years” substitute “the
appropriate maximum term”; and
(b)
after that subsection insert the subsections set out in subsection (2).
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(2)
The inserted subsections are—
“(5A)
In subsection (5) ‘the appropriate maximum term’ means—
(a)
in a national security case, five years; and
(b)
in any other case, two years.
(5B)
In subsection (5A) ‘a national security case’ means a case in which the
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grounds specified in the notice to which the offence relates as the
grounds for imposing a disclosure requirement were or included a
belief that the imposition of the requirement was necessary in the
interests of national security.”
(3)
This section does not apply to offences committed before the commencement
30
of this section.
Incidental provisions about offences
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Preparatory hearings in terrorism cases
(1)
Section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power
to order preparatory hearing) is amended as follows.
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(2)
Before subsection (2) insert—
“(1B)
An order that a preparatory hearing shall be held must be made by a
judge of the Crown Court in every case which (whether or not it falls

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Part 1 — Offences
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within subsection (1) or (1A)) is a case in which at least one of the
offences charged by the indictment against at least one of the persons
charged is a terrorism offence.
(1C)
An order that a preparatory hearing shall be held must also be made by
a judge of the Crown court in every case which (whether or not it falls
5
within subsection (1) or (1A)) is a case in which—
(a)
at least one of the offences charged by the indictment against at
least one of the persons charged is an offence carrying a
maximum of at least 10 years’ imprisonment; and
(b)
it appears to the judge that evidence on the indictment reveals
10
that conduct in respect of which that offence is charged had a
terrorist connection.”
(3)
For subsection (3) (no order in serious and complex fraud cases) substitute—
“(3)
In a case in which it appears to a judge of the Crown Court that
evidence on an indictment reveals a case of fraud of such seriousness or
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complexity as is mentioned in section 7 of the Criminal Justice Act 1987
(preparatory hearings in cases of serious or complex fraud)—
(a)
the judge may make an order for a preparatory hearing under
this section only if he is required to do so by subsection (1B) or
(1C);
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(b)
before making an order in pursuance of either of those
subsections, he must determine whether to make an order for a
preparatory hearing under that section; and
(c)
he is not required by either of those subsections to make an
order for a preparatory hearing under this section if he
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determines that an order should be made for a preparatory
hearing under that section;

and, in a case in which an order is made for a preparatory hearing
under that section, requirements imposed by those subsections apply
only if that order ceases to have effect.”
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(4)
In subsection (4) (orders to be capable of being made on application or on the
judge’s own motion), for the words before paragraph (a) substitute—
“(4)
An order that a preparatory hearing shall be held may be made—”
(5)
After sub-paragraph (5) insert—
“(6)
In this section ‘terrorism offence’ means—
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(a)
an offence under section 11 or 12 of the Terrorism Act 2000
(c. 11) (offences relating to proscribed organisations);
(b)
an offence under any of sections 15 to 18 of that Act (offences
relating to terrorist property);
(c)
an offence under section 38B of that Act (failure to disclose
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information about acts of terrorism);
(d)
an offence under section 54 of that Act (weapons training);
(e)
an offence under any of sections 56 to 59 of that Act (directing
terrorism, possessing things and collecting information for the
purposes of terrorism and inciting terrorism outside the United
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Kingdom);
(f)
an offence in respect of which there is jurisdiction by virtue of
section 62 of that Act (extra-territorial jurisdiction in respect of

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certain offences committed outside the United Kingdom for the
purposes of terrorism etc.);
(g)
an offence under Part 1 of the Terrorism Act 2005
(miscellaneous terrorist related offences);
(h)
conspiring or attempting to commit a terrorism offence;
5
(i)
incitement to commit a terrorism offence.
(7)
For the purposes of this section an offence carries a maximum of at least
10 years’ imprisonment if—
(a)
it is punishable, on conviction on indictment, with
imprisonment; and
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(b)
the maximum term of imprisonment that may be imposed on
conviction on indictment of that offence is 10 years or more or
is imprisonment for life.
(8)
For the purposes of this section conduct has a terrorist connection if it
is or takes place in the course of an act of terrorism or is for the purposes
15
of terrorism.
(9)
In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism
Act 2000 (see section 1 of that Act).”
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Commission of offences abroad
(1)
If—
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(a)
a person does anything outside the United Kingdom, and
(b)
his action, if done in a part of the United Kingdom, would constitute an
offence falling within subsection (2),

he shall be guilty in that part of the United Kingdom of the offence.
(2)
The offences falling within this subsection are—
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(a)
an offence under section 1 or 6 of this Act so far as it is committed in
relation to any statement, instruction or training in relation to which
that section has effect by reason of its relevance to the commission,
preparation or instigation of one or more Convention offences;
(b)
an offence under any of sections 8 to 11 of this Act;
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(c)
an offence under section 11(1) of the Terrorism Act 2000 (c. 11)
(membership of proscribed organisations);
(d)
an offence under section 54 of that Act (weapons training);
(e)
conspiracy to commit an offence falling within this subsection;
(f)
inciting a person to commit such an offence;
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(g)
attempting to commit such an offence;
(h)
aiding, abetting, counselling or procuring the commission of such an
offence.
(3)
Subsection (1) applies irrespective of whether the person is a British citizen or,
in the case of a company, a company incorporated in a part of the United
40
Kingdom.
(4)
In the case of an offence falling within subsection (2) which is committed
wholly or partly outside the United Kingdom—
(a)
proceedings for the offence may be taken at any place in the United
Kingdom; and
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(b)
the offence may for all incidental purposes be treated as having been
committed at any such place.
(5)
In section 3(1)(a) and (b) of the Explosive Substances Act 1883 (c. 3) (offences
committed in preparation for use of explosives with intent to endanger life or
property in the United Kingdom or the Republic of Ireland), in each place, for
5
“the Republic of Ireland” substitute “elsewhere”.
(6)
Subsection (5) does not extend to Scotland except in relation to—
(a)
the doing of an act as an act of terrorism or for the purposes of
terrorism; or
(b)
the possession or control of a substance for the purposes of terrorism.
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Liability of company directors etc.
(1)
Where an offence under this Part is committed by a body corporate and is
proved to have been committed with the consent or connivance of—
(a)
a director, manager, secretary or other similar officer of the body
corporate, or
15
(b)
a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
(2)
Where an offence under this Part—
(a)
is committed by a Scottish firm, and
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(b)
is proved to have been committed with the consent or connivance of a
partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(3)
In this section “director”, in relation to a body corporate whose affairs are
25
managed by its members, means a member of the body corporate.
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Consents to prosecutions
(1)
Proceedings for an offence under this Part—
(a)
may be instituted in England and Wales only with the consent of the
Director of Public Prosecutions; and
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(b)
may be instituted in Northern Ireland only with the consent of the
Director of Public Prosecutions for Northern Ireland.
(2)
But if it appears to the Director of Public Prosecutions or the Director of Public
Prosecutions for Northern Ireland that an offence under this Part has been
committed for a purpose wholly or partly connected with the affairs of a
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country other than the United Kingdom, his consent for the purposes of this
section may be given only with the permission—
(a)
in the case of the Director of Public Prosecutions, of the Attorney
General; and
(b)
in the case of the Director of Public Prosecutions for Northern Ireland,
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of the Advocate General for Northern Ireland.
(3)
In relation to any time before the coming into force of section 27(1) of the Justice
(Northern Ireland) Act 2002 (c. 26), the reference in subsection (2)(b) to the
Advocate General for Northern Ireland is to be read as a reference to the
Attorney General for Northern Ireland.
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