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PART
VI |
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MISCELLANEOUS |
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Terrorist offences |
Weapons
training. |
54.
- (1) A person commits an offence if he provides instruction or
training in the making or use of-
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(c) chemical,
biological or nuclear weapons.
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(2)
A person commits an offence if he receives instruction or training
in the making or use of-
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(c) chemical,
biological or nuclear weapons.
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(3)
A person commits an offence if he invites another to receive instruction
or training and the receipt-
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(a) would
constitute an offence under subsection (2), or
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(b) would
constitute an offence under subsection (2) but for the fact that
it is to take place outside the United Kingdom.
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(4)
For the purpose of subsections (1) and (3)-
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(a) a reference
to the provision of instruction includes a reference to making
it available either generally or to one or more specific persons,
and
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(b) an invitation
to receive instruction or training may be either general or addressed
to one or more specific persons.
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(5)
It is a defence for a person charged with an offence under this
section in relation to instruction or training to prove that his
action or involvement was wholly for a purpose other than assisting,
preparing for or participating in terrorism.
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(6)
A person guilty of an offence under this section shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding ten years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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(7)
A court by or before which a person is convicted of an offence under
this section may order the forfeiture of anything which the court
considers to have been in the person's possession for purposes connected
with the offence.
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(8)
Before making an order under subsection (7) a court must give an
opportunity to be heard to any person, other than the convicted
person, who claims to be the owner of or otherwise interested in
anything which can be forfeited under that subsection.
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(9)
An order under subsection (7) shall not come into force until there
is no further possibility of it being varied, or set aside, on appeal
(disregarding any power of a court to grant leave to appeal out
of time).
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Weapons
training: interpretation. |
55.
In section 54-
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"biological
weapon" means anything to which section 1(1)(b) of the Biological
Weapons Act 1974 applies,
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"chemical weapon"
has the meaning given by section 1 of the Chemical Weapons Act
1996, and
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"nuclear weapon"
means a weapon which contains nuclear material within the meaning
of Article 1(a) and (b) of the Convention on the Physical Protection
of Nuclear Material opened for signature at Vienna and New York
on 3rd March 1980 (set out in the Schedule to the Nuclear Material
(Offences) Act 1983).
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Directing
terrorist organisation. |
56.
- (1) A person commits an offence if he directs, at any level, the
activities of an organisation which is concerned in the commission
of acts of terrorism.
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(2)
A person guilty of an offence under this section is liable on conviction
on indictment to imprisonment for life.
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Possession
for terrorist purposes. |
57.
- (1) A person commits an offence if he possesses an article in
circumstances which give rise to a reasonable suspicion that his
possession is for a purpose connected with the commission, preparation
or instigation of an act of terrorism.
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(2)
It is a defence for a person charged with an offence under this
section to prove that his possession of the article was not for
a purpose connected with the commission, preparation or instigation
of an act of terrorism.
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(3)
In proceedings for an offence under this section, if it is proved
that an article-
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(a) was on
any premises at the same time as the accused, or
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(b) was on
premises of which the accused was the occupier or which he habitually
used otherwise than as a member of the public,
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the
court may assume that the accused possessed the article, unless
he proves that he did not know of its presence on the premises or
that he had no control over it.
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(4)
A person guilty of an offence under this section shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding 10 years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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Collection
of information. |
58.
- (1) A person commits an offence if-
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(a) he collects
or makes a record of information of a kind likely to be useful
to a person committing or preparing an act of terrorism, or
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(b) he possesses
a document or record containing information of that kind.
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(2)
In this section "record" includes a photographic or electronic record.
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(3)
It is a defence for a person charged with an offence under this
section to prove that he had a reasonable excuse for his action
or possession.
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(4)
A person guilty of an offence under this section shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding 10 years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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(5)
A court by or before which a person is convicted of an offence under
this section may order the forfeiture of any document or record
containing information of the kind mentioned in subsection (1)(a).
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(6)
Before making an order under subsection (5) a court must give an
opportunity to be heard to any person, other than the convicted
person, who claims to be the owner of or otherwise interested in
anything which can be forfeited under that subsection.
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(7)
An order under subsection (5) shall not come into force until there
is no further possibility of it being varied, or set aside, on appeal
(disregarding any power of a court to grant leave to appeal out
of time).
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Inciting terrorism overseas |
England
and Wales. |
59.
- (1) A person commits an offence if-
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(a) he incites
another person to commit an act of terrorism wholly or partly
outside the United Kingdom, and
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(b) the act
would, if committed in England and Wales, constitute one of the
offences listed in subsection (2).
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(2)
Those offences are-
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(b) an offence
under section 18 of the Offences against the Person Act 1861 (wounding
with intent),
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(c) an offence
under section 23 or 24 of that Act (poison),
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(d) an offence
under section 28 or 29 of that Act (explosions), and
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(e) an offence
under section 1(2) of the Criminal Damage Act 1971 (endangering
life by damaging property).
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(3)
A person guilty of an offence under this section shall be liable
to any penalty to which he would be liable on conviction of the
offence listed in subsection (2) which corresponds to the act which
he incites.
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(4)
For the purposes of subsection (1) it is immaterial whether or not
the person incited is in the United Kingdom at the time of the incitement.
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(5)
Nothing in this section imposes criminal liability on any person
acting on behalf of, or holding office under, the Crown.
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Northern
Ireland. |
60.
- (1) A person commits an offence if-
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(a) he incites
another person to commit an act of terrorism wholly or partly
outside the United Kingdom, and
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(b) the act
would, if committed in Northern Ireland, constitute one of the
offences listed in subsection (2).
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(2)
Those offences are-
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(b) an offence
under section 18 of the Offences against the Person Act 1861 (wounding
with intent),
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(c) an offence
under section 23 or 24 of that Act (poison),
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(d) an offence
under section 28 or 29 of that Act (explosions), and
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(e) an offence
under Article 3(2) of the {/ci}Criminal Damage (Northern Ireland)
Order 1977 (endangering life by damaging property).
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(3)
A person guilty of an offence under this section shall be liable
to any penalty to which he would be liable on conviction of the
offence listed in subsection (2) which corresponds to the act which
he incites.
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(4)
For the purposes of subsection (1) it is immaterial whether or not
the person incited is in the United Kingdom at the time of the incitement.
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(5)
Nothing in this section imposes criminal liability on any person
acting on behalf of, or holding office under, the Crown.
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Scotland. |
61.
- (1) A person commits an offence if-
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(a) he incites
another person to commit an act of terrorism wholly or partly
outside the United Kingdom, and
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(b) the act
would, if committed in Scotland, constitute one of the offences
listed in subsection (2).
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(2)
Those offences are-
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(b) assault
to severe injury, and
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(c) reckless
conduct which causes actual injury.
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(3)
A person guilty of an offence under this section shall be liable
to any penalty to which he would be liable on conviction of the
offence listed in subsection (2) which corresponds to the act which
he incites.
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(4)
For the purposes of subsection (1) it is immaterial whether or not
the person incited is in the United Kingdom at the time of the incitement.
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(5)
Nothing in this section imposes criminal liability on any person
acting on behalf of, or holding office under, the Crown.
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Terrorist bombing and finance offences |
Terrorist
bombing: jurisdiction. |
62.
- (1) If-
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(a) a person
does anything outside the United Kingdom as an act of terrorism
or for the purposes of terrorism, and
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(b) his action
would have constituted the commission of one of the offences listed
in subsection (2) if it had been done in the United Kingdom,
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he
shall be guilty of the offence.
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(2)
The offences referred to in subsection (1)(b) are-
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(a) an offence
under section 2, 3 or 5 of the Explosive Substances Act 1883 (causing
explosions, &c.),
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(b) an offence
under section 1 of the Biological Weapons Act 1974 (biological
weapons), and
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(c) an offence
under section 2 of the Chemical Weapons Act 1996 (chemical weapons).
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Terrorist
finance: jurisdiction. |
63.
- (1) If-
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(a) a person
does anything outside the United Kingdom, and
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(b) his action
would have constituted the commission of an offence under any
of sections 15 to 18 if it had been done in the United Kingdom,
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he
shall be guilty of the offence.
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(2)
For the purposes of subsection (1)(b), section 18(1)(b) shall be
read as if for "the jurisdiction" there were substituted "a jurisdiction".
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Extradition. |
64.
- (1) The Extradition Act 1989 shall be amended as follows.
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(2)
In section 22(2) (international conventions) after paragraph (l)
insert-
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"(m)
the Convention for the Suppression of Terrorist Bombings,
which was opened for signature at New York on 12th January
1998 ("the Terrorist Bombings Convention");
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(n)
the Convention for the Suppression of the Financing of Terrorism
which was opened for signature at New York on 10th January
2000 ("the Terrorist Finance Convention")."
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(3)
In section 22(4) (relevant offences) after paragraph (l) insert-
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"(m)
in relation to the Terrorist Bombings Convention, an offence,
committed as an act of terrorism or for the purposes of
terrorism, under-
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(i)
section 2, 3 or 5 of the Explosive Substances Act 1883
(causing explosions, &c.),
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(ii)
section 1 of the Biological Weapons Act 1974 (biological
weapons), or
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(iii)
section 2 of the Chemical Weapons Act 1996 (chemical weapons);
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(n)
in relation to the Terrorist Finance Convention, an offence
under any of sections 15 to 18 of the Terrorism Act 2000
(terrorist property: offences)."
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(4)
After section 24(4) (suppression of terrorism) insert-
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"(5)
Subsections (1) and (2) above shall have effect in relation
to an offence to which section 22(4)(m) or (n) above applies
as they have effect in relation to an offence to which section
1 of the Suppression of Terrorism Act 1978 applies.
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(6)
For that purpose subsection (2) applies to a country which
is a party to-
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(a)
the Convention for the Suppression of Terrorist Bombings
mentioned in section 22(2)(m) above, or
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(b)
the Convention for the Suppression of the Financing of Terrorism
mentioned in section 22(2)(n) above."
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(5)
The offences to which an Order in Council under section 2 of the
Extradition Act 1870 (arrangements with foreign states) can apply
shall include-
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(a) offences
under the provisions mentioned in sections 62(2) and 63(1)(b),
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(b) conspiracy
to commit any of those offences, and
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(c) attempt
to commit any of those offences.
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