|
back
to previous text |
|
|
|
PART
III |
|
TERRORIST
PROPERTY |
|
Interpretation |
Terrorist
property. |
14.
- (1) In this Act "terrorist property" means-
|
|
(a) money
or other property which is likely to be used for the purposes
of terrorism (including any resources of a proscribed organisation),
|
|
(b) proceeds
of the commission of acts of terrorism, and
|
|
(c) proceeds
of acts carried out for the purposes of terrorism.
|
|
(2)
In subsection (1)-
|
|
(a) a reference
to proceeds of an act includes a reference to any property which
wholly or partly, and directly or indirectly, represents the proceeds
of the act (including payments or other rewards in connection
with its commission), and
|
|
(b) the reference
to an organisation's resources includes a reference to any money
or other property which is applied or made available, or is to
be applied or made available, for use by the organisation.
|
|
Offences |
Fund-raising. |
15.
- (1) A person commits an offence if he-
|
|
(a) invites
another to provide money or other property, and
|
|
(b) intends
that it should be used, or has reasonable cause to suspect that
it may be used, for the purposes of terrorism.
|
|
(2)
A person commits an offence if he-
|
|
(a) receives
money or other property, and
|
|
(b) intends
that it should be used, or has reasonable cause to suspect that
it may be used, for the purposes of terrorism.
|
|
(3)
A person commits an offence if he-
|
|
(a) provides
money or other property, and
|
|
(b) knows
or has reasonable cause to suspect that it will or may be used
for the purposes of terrorism.
|
|
(4)
In this section a reference to the provision of money or other property
is a reference to its being given, lent or otherwise made available,
whether or not for consideration.
|
Use
and possession. |
16.
- (1) A person commits an offence if he uses money or other property
for the purposes of terrorism.
|
|
(2)
A person commits an offence if he-
|
|
(a) possesses
money or other property, and
|
|
(b) intends
that it should be used, or has reasonable cause to suspect that
it may be used, for the purposes of terrorism.
|
Funding
arrangements. |
17.
A person commits an offence if-
|
|
(a) he enters
into or becomes concerned in an arrangement as a result of which
money or other property is made available or is to be made available
to another, and
|
|
(b) he knows
or has reasonable cause to suspect that it will or may be used
for the purposes of terrorism.
|
Money
laundering. |
18.
- (1) A person commits an offence if he enters into or becomes concerned
in an arrangement which facilitates the retention or control by
or on behalf of another person of terrorist property-
|
|
|
|
(b) by removal
from the jurisdiction,
|
|
(c) by transfer
to nominees, or
|
|
|
|
(2)
It is a defence for a person charged with an offence under subsection
(1) to prove that he did not know and had no reasonable cause to
suspect that the arrangement related to terrorist property.
|
Disclosure
of information: duty. |
19.
- (1) This section applies where a person-
|
|
(a) believes
or suspects that another person has committed an offence under
any of sections 15 to 18, and
|
|
(b) bases
his belief or suspicion on information which comes to his attention
in the course of a trade, profession, business or employment.
|
|
(2)
The person commits an offence if he does not disclose to a constable
as soon as is reasonably practicable-
|
|
(a) his belief
or suspicion, and
|
|
(b) the information
on which it is based.
|
|
(3)
It is a defence for a person charged with an offence under subsection
(2) to prove that he had a reasonable excuse for not making the
disclosure.
|
|
(4)
Where-
|
|
(a) a person
is in employment,
|
|
(b) his employer
has established a procedure for the making of disclosures of the
matters specified in subsection (2), and
|
|
(c) he is
charged with an offence under that subsection,
|
|
it
is a defence for him to prove that he disclosed the matters specified
in that subsection in accordance with the procedure.
|
|
(5)
Subsection (2) does not require disclosure by a professional legal
adviser of-
|
|
(a) information
which he obtains in privileged circumstances, or
|
|
(b) a belief
or suspicion based on information which he obtains in privileged
circumstances.
|
|
(6)
For the purpose of subsection (5) information is obtained by an
adviser in privileged circumstances if it comes to him, otherwise
than with a view to furthering a criminal purpose-
|
|
(a) from a
client or a client's representative, in connection with the provision
of legal advice by the adviser to the client,
|
|
(b) from a
person seeking legal advice from the adviser, or from the person's
representative, or
|
|
(c) from any
person, for the purpose of actual or contemplated legal proceedings.
|
|
(7)
For the purposes of subsection (1)(a) a person shall be treated
as having committed an offence under one of sections 15 to 18 if-
|
|
(a) he has
taken an action or been in possession of a thing, and
|
|
(b) he would
have committed an offence under one of those sections if he had
been in the United Kingdom at the time when he took the action
or was in possession of the thing.
|
|
(8)
A person guilty of an offence under this section shall be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding five years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
or to a fine not exceeding the statutory maximum or to both.
|
Disclosure
of information: permission. |
20.
- (1) A person may disclose to a constable-
|
|
(a) a suspicion
or belief that any money or other property is terrorist property
or is derived from terrorist property;
|
|
(b) any matter
on which the suspicion or belief is based.
|
|
(2)
A person may make a disclosure to a constable in the circumstances
mentioned in section 19(1) and (2).
|
|
(3)
Subsections (1) and (2) shall have effect notwithstanding any restriction
on the disclosure of information imposed by statute or otherwise.
|
|
(4)
Where-
|
|
(a) a person
is in employment, and
|
|
(b) his employer
has established a procedure for the making of disclosures of the
kinds mentioned in subsection (1) and section 19(2),
|
|
subsections
(1) and (2) shall have effect in relation to that person as if any
reference to disclosure to a constable included a reference to disclosure
in accordance with the procedure.
|
Cooperation
with police. |
21.
- (1) A person does not commit an offence under any of sections
15 to 18 if he is acting with the express consent of a constable.
|
|
(2)
Subject to subsections (3) and (4), a person does not commit an
offence under any of sections 15 to 18 by involvement in a transaction
or arrangement relating to money or other property if he discloses
to a constable-
|
|
(a) his suspicion
or belief that the money or other property is terrorist property,
and
|
|
(b) the information
on which his suspicion or belief is based.
|
|
(3)
Subsection (2) applies only where a person makes a disclosure-
|
|
(a) after
he becomes concerned in the transaction concerned,
|
|
(b) on his
own initiative, and
|
|
(c) as soon
as is reasonably practicable.
|
|
(4)
Subsection (2) does not apply to a person if-
|
|
(a) a constable
forbids him to continue his involvement in the transaction or
arrangement to which the disclosure relates, and
|
|
(b) he continues
his involvement.
|
|
(5)
It is a defence for a person charged with an offence under any of
sections 15(2) and (3) and 16 to 18 to prove that-
|
|
(a) he intended
to make a disclosure of the kind mentioned in subsections (2)
and (3), and
|
|
(b) there
is reasonable excuse for his failure to do so.
|
|
(6)
Where-
|
|
(a) a person
is in employment, and
|
|
(b) his employer
has established a procedure for the making of disclosures of the
same kind as may be made to a constable under subsection (2),
|
|
this
section shall have effect in relation to that person as if any reference
to disclosure to a constable included a reference to disclosure
in accordance with the procedure.
|
|
(7)
A reference in this section to a transaction or arrangement relating
to money or other property includes a reference to use or possession.
|
Penalties. |
22.
A person guilty of an offence under any of sections 15 to 18 shall
be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding 14 years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
|
Forfeiture. |
23.
- (1) The court by or before which a person is convicted of an offence
under any of sections 15 to 18 may make a forfeiture order in accordance
with the provisions of this section.
|
|
(2)
Where a person is convicted of an offence under section 15(1) or
(2) or 16 the court may order the forfeiture of any money or other
property-
|
|
(a) which,
at the time of the offence, he had in his possession or under
his control, and
|
|
(b) which,
at that time, he intended should be used, or had reasonable cause
to suspect might be used, for the purposes of terrorism.
|
|
(3)
Where a person is convicted of an offence under section 15(3) the
court may order the forfeiture of any money or other property-
|
|
(a) which,
at the time of the offence, he had in his possession or under
his control, and
|
|
(b) which,
at that time, he knew or had reasonable cause to suspect would
or might be used for the purposes of terrorism.
|
|
(4)
Where a person is convicted of an offence under section 17 the court
may order the forfeiture of the money or other property-
|
|
(a) to which
the arrangement in question related, and
|
|
(b) which,
at the time of the offence, he knew or had reasonable cause to
suspect would or might be used for the purposes of terrorism.
|
|
(5)
Where a person is convicted of an offence under section 18 the court
may order the forfeiture of the money or other property to which
the arrangement in question related.
|
|
(6)
Where a person is convicted of an offence under any of sections
15 to 18, the court may order the forfeiture of any money or other
property which wholly or partly, and directly or indirectly, is
received by any person as a payment or other reward in connection
with the commission of the offence.
|
|
(7)
Where a person other than the convicted person claims to be the
owner of or otherwise interested in anything which can be forfeited
by an order under this section, the court shall give him an opportunity
to be heard before making an order.
|
|
(8)
A court in Scotland shall not make an order under this section except
on the application of the prosecutor-
|
|
(a) in proceedings
on indictment, when he moves for sentence, and
|
|
(b) in summary
proceedings, before the court convicts the accused,
|
|
and
for the purposes of any appeal or review, an order under this section
made by a court in Scotland is a sentence.
|
|
(9)
Schedule 4 (which makes further provision in relation to forfeiture
orders under this section) shall have effect.
|
|
Seizure of terrorist cash |
Interpretation. |
24.
- (1) In sections 25 to 31 "authorised officer" means any of the
following-
|
|
|
|
(b) a customs
officer, and
|
|
(c) an immigration
officer.
|
|
(2)
In sections 25 to 31 "cash" means-
|
|
(a) coins
and notes in any currency,
|
|
|
|
|
|
|
|
(e) such other
kinds of monetary instrument as the Secretary of State may specify
by order.
|
Seizure
and detention. |
25.
- (1) An authorised officer may seize and detain any cash to which
this section applies if he has reasonable grounds for suspecting
that-
|
|
(a) it is
intended to be used for the purposes of terrorism,
|
|
(b) it forms
the whole or part of the resources of a proscribed organisation,
or
|
|
(c) it is
terrorist property within the meaning given in section 14(1)(b)
or (c).
|
|
(2)
In subsection (1)(b) the reference to an organisation's resources
includes a reference to any cash which is applied or made available,
or is to be applied or made available, for use by the organisation.
|
|
(3)
This section applies to cash which-
|
|
(a) is being
imported into or exported from the United Kingdom,
|
|
(b) is being
brought to any place in the United Kingdom for the purpose of
being exported from the United Kingdom,
|
|
(c) is being
brought to Northern Ireland from Great Britain, or to Great Britain
from Northern Ireland,
|
|
(d) is being
brought to any place in Northern Ireland for the purpose of being
brought to Great Britain, or
|
|
(e) is being
brought to any place in Great Britain for the purpose of being
brought to Northern Ireland.
|
|
(4)
Subject to subsection (5), cash seized under this section shall
be released not later than the end of the period of 48 hours beginning
with the time when it is seized.
|
|
(5)
Where an order is made under section 26 in relation to cash seized,
it may be detained during the period specified in the order.
|
Continued
detention. |
26.
- (1) An authorised officer or the Commissioners of Customs and
Excise may apply to a magistrates' court for an order under this
section in relation to cash seized under section 25.
|
|
(2)
An order under this section-
|
|
(a) shall
authorise the further detention under section 25 of the cash to
which it relates for a period specified in the order,
|
|
(b) shall
specify a period which ends not later than the end of the period
of three months beginning with the date of the order, and
|
|
(c) shall
require notice to be given to the person from whom the cash was
seized and to any other person who is affected by and specified
in the order.
|
|
(3)
An application for an order under this section may be granted only
if the court is satisfied-
|
|
(a) that there
are reasonable grounds to suspect that the cash is cash of a kind
mentioned in section 25(1)(a), (b) or (c), and
|
|
(b) that the
continued detention of the cash is justified pending completion
of an investigation of its origin or derivation or pending a determination
whether to institute criminal proceedings (whether in the United
Kingdom or elsewhere) which relate to the cash.
|
|
(4)
More than one order may be made under this section in relation to
particular cash; but cash shall not be detained by virtue of an
order under this section after the end of the period of two years
beginning with the date when the first order under this section
was made in relation to it.
|
|
(5)
In Scotland, any application under this section shall be made by
the procurator fiscal to the sheriff; and in this section a reference
to a magistrates' court shall be taken as a reference to the sheriff.
|
Detained
cash. |
27.
- (1) Cash detained under section 25 by virtue of an order under
section 26 shall, unless required as evidence of an offence, be
held in an interest bearing account; and the interest accruing on
the cash shall be added to it on its release or forfeiture.
|
|
(2)
Any person may apply to a magistrates' court, or in Scotland to
the sheriff, for a direction that cash detained under section 25
be released.
|
|
(3)
A magistrates' court or the sheriff shall grant an application under
subsection (2) if satisfied-
|
|
(a) that section
26(3)(a) or (b) no longer applies, or
|
|
(b) that the
detention of the cash is for any other reason no longer justified.
|
|
(4)
An authorised officer, or in Scotland the procurator fiscal, may
release cash detained under section 25 if-
|
|
(a) he is
satisfied that its detention is no longer justified, and
|
|
(b) he has
notified the magistrates' court or sheriff who made the order
by virtue of which the cash is being detained under section 25.
|
|
(5)
Cash detained under section 25 shall not be released under this
section-
|
|
(a) while
proceedings on an application for its forfeiture under section
28 have not been concluded, or
|
|
(b) while
proceedings, whether in the United Kingdom or elsewhere, which
relate to the cash have not been concluded.
|
Forfeiture. |
28.
- (1) An authorised officer or the Commissioners of Customs and
Excise may apply to a magistrates' court, or in Scotland the procurator
fiscal may apply to the sheriff, for an order forfeiting cash being
detained under section 25.
|
|
(2)
A magistrates' court or the sheriff may grant an application only
if satisfied on the balance of probabilities that the cash is cash
of a kind mentioned in section 25(1)(a), (b) or (c).
|
|
(3)
Before making an order under this section, a magistrates' court
or the sheriff must give an opportunity to be heard to any person-
|
|
(a) who is
not a party to the proceedings, and
|
|
(b) who claims
to be the owner of or otherwise interested in any of the cash
which can be forfeited under this section.
|
|
(4)
An order may be made under this section whether or not proceedings
are brought against any person for an offence with which the cash
is connected.
|
|
(5)
Proceedings on an application under this section to the sheriff
shall be civil proceedings.
|
Forfeiture:
appeal. |
29.
- (1) Subject to subsection (2), any party to proceedings in which
a forfeiture order is made under section 28 may appeal-
|
|
(a) where
the order is made by a magistrates' court in England and Wales,
to the Crown Court,
|
|
(b) where
the order is made by the sheriff in Scotland, to the Court of
Session, or
|
|
(c) where
the order is made by a magistrates' court in Northern Ireland,
to the county court.
|
|
(2)
An appeal under subsection (1)-
|
|
(a) must be
brought before the end of the period of 30 days beginning with
the date on which the forfeiture order was made, and
|
|
(b) may not
be brought by the applicant for the forfeiture order.
|
|
(3)
On an application by the appellant, a magistrates' court or the
sheriff may order the release of so much of the cash to which the
forfeiture order applies as it considers appropriate to enable him
to meet his reasonable legal expenses in connection with the appeal.
|
|
(4)
An appeal under subsection (1) shall be by way of a rehearing.
|
|
(5)
If the court allows the appeal, it may order the release of-
|
|
(a) the cash
to which the forfeiture order applies together with any interest
which has accrued, or
|
|
(b) where
an order has been made under subsection (3), the remaining cash
to which the forfeiture order applies together with any interest
which has accrued.
|
|
(6)
Subsection (7) applies where a successful application for a forfeiture
order relies (in whole or in part) on the fact that an organisation
is proscribed, and-
|
|
(a) a deproscription
appeal under section 5 is allowed in respect of the organisation,
|
|
(b) an order
is made under section 3(3)(b) in respect of the organisation in
accordance with an order of the Proscribed Organisations Appeal
Commission under section 5(4) (and, if the order is made in reliance
on section 123(5), a resolution is passed by each House of Parliament
under section 123(5)(b)), and
|
|
(c) the forfeited
cash was seized under section 25 on or after the date of the refusal
to deproscribe against which the appeal under section 5 was brought.
|
|
(7)
Where this subsection applies an appeal under subsection (1) may
be brought at any time before the end of the period of 30 days beginning
with the date on which the order under section 3(3)(b) comes into
force.
|
Treatment
of forfeited cash. |
30.
Any cash to which a forfeiture order under section 28 applies or
accrued interest thereon shall be paid into the Consolidated Fund-
|
|
(a) after
the end of the period within which an appeal may be brought under
section 29(1), or
|
|
(b) where
an appeal is brought under section 29(1), after the appeal is
determined or otherwise disposed of.
|
Rules
of court. |
31.
Provision may be made by rules of court about the procedure on applications
or appeals to any court under sections 26 to 29, and in particular
as to-
|
|
(a) the giving
of notice to persons affected by an application or appeal under
those provisions;
|
|
(b) the joinder,
or in Scotland the sisting, of those persons as parties to the
proceedings.
|
|