|
| |
|
(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 |
| |
| |
| 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)). |
| |
11 | 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— |
| |
| |
(i) | for the supply to himself or to another of a radioactive device or |
| |
| 15 |
(ii) | for a nuclear facility to be made available to himself or to |
| |
| |
(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 |
| 20 |
(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 |
| 25 |
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 |
| |
| |
(4) | A person guilty of an offence under this section shall be liable, on conviction |
| |
on indictment, to imprisonment for life. |
| |
| 40 |
“nuclear facility” has the same meaning as in section 10; |
| |
“radioactive device” and “radioactive material” have the same meanings |
| |
| |
12 | Trespassing etc. on nuclear sites |
| |
(1) | The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 15 |
(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 |
| |
| |
(b) | that line shall be determined on the assumption that every gate, |
| 20 |
door or other barrier across a way through a fence, wall or other |
| |
| |
(4) | After section 129(1) (sites in Scotland) insert— |
| |
“(1A) | In this section ‘protected Scottish site’ means— |
| |
(a) | a nuclear site in Scotland; or |
| 25 |
(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. |
| |
| |
(a) | the outer perimeter of the protection provided for any premises |
| 35 |
is the line of the outermost fences, walls or other obstacles |
| |
provided or relied on for protecting those premises from |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
13 | 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 |
| |
| 5 |
(2) | Subsection (1) does not apply to offences committed before the commencement |
| |
| |
14 | 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 |
| |
| |
15 | 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). |
| 20 |
(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 |
| 25 |
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 |
| |
Incidental provisions about offences |
| |
16 | 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. |
| 35 |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| 15 |
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 |
| |
| 20 |
(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 |
| 25 |
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.” |
| 30 |
(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— |
| 35 |
(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 |
| 40 |
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 |
| 45 |
| |
(f) | an offence in respect of which there is jurisdiction by virtue of |
| |
section 62 of that Act (extra-territorial jurisdiction in respect of |
| |
|
| |
|
| |
|
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 |
| |
| 10 |
(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 |
| |
(9) | In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism |
| |
Act 2000 (see section 1 of that Act).” |
| |
17 | Commission of offences abroad |
| |
| 20 |
(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— |
| 25 |
(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; |
| 30 |
(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; |
| 35 |
(g) | attempting to commit such an offence; |
| |
(h) | aiding, abetting, counselling or procuring the commission of such an |
| |
| |
(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 |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(b) | the possession or control of a substance for the purposes of terrorism. |
| 10 |
18 | 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 |
| |
| 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 |
| 20 |
(b) | is proved to have been committed with the consent or connivance of a |
| |
| |
| 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. |
| |
19 | 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 |
| 30 |
(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 |
| 35 |
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 |
| |
| |
(b) | in the case of the Director of Public Prosecutions for Northern Ireland, |
| 40 |
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. |
| 45 |
|
| |
|