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Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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Terrorism Act 2000

2000 CHAPTER 11

Content
  1. Part I

    Introductory

    1. 1. Terrorism: interpretation.

    2. 2. Temporary legislation.

  2. Part II

    Proscribed Organisations

    1. Procedure

      1. 3. Proscription.

      2. 4. Deproscription: application.

      3. 5. Deproscription: appeal.

      4. 6. Further appeal.

      5. 7. Appeal: effect on conviction, &c.

      6. 8. Section 7: Scotland and Northern Ireland.

      7. 9. Human Rights Act 1998.

      8. 10. Immunity.

    2. Offences

      1. 11. Membership.

      2. 12. Support.

      3. 13. Uniform.

  3. Part III

    Terrorist Property

    1. Interpretation

      1. 14. Terrorist property.

    2. Offences

      1. 15. Fund-raising.

      2. 16. Use and possession.

      3. 17. Funding arrangements.

      4. 18. Money laundering.

      5. 19. Disclosure of information: duty.

      6. 20. Disclosure of information: permission.

      7. 21. Cooperation with police.

      8. 22. Penalties.

      9. 23. Forfeiture.

    3. Seizure of terrorist cash

      1. 24. Interpretation.

      2. 25. Seizure and detention.

      3. 26. Continued detention.

      4. 27. Detained cash.

      5. 28. Forfeiture.

      6. 29. Forfeiture: appeal.

      7. 30. Treatment of forfeited cash.

      8. 31. Rules of court.

  4. Part IV

    Terrorist Investigations

    1. Interpretation

      1. 32. Terrorist investigation.

    2. Cordons

      1. 33. Cordoned areas.

      2. 34. Power to designate.

      3. 35. Duration.

      4. 36. Police powers.

    3. Information and evidence

      1. 37. Powers.

      2. 38. Financial information.

      3. 39. Disclosure of information, &c.

  5. Part V

    Counter-terrorist Powers

    1. Suspected terrorists

      1. 40. Terrorist: interpretation.

      2. 41. Arrest without warrant.

      3. 42. Search of premises.

      4. 43. Search of persons.

    2. Power to stop and search

      1. 44. Authorisations.

      2. 45. Exercise of power.

      3. 46. Duration of authorisation.

      4. 47. Offences.

    3. Parking

      1. 48. Authorisations.

      2. 49. Exercise of power.

      3. 50. Duration of authorisation.

      4. 51. Offences.

      5. 52. Interpretation.

    4. Port and border controls

      1. 53. Port and border controls.

  6. Part VI

    Miscellaneous

    1. Terrorist offences

      1. 54. Weapons training.

      2. 55. Weapons training: interpretation.

      3. 56. Directing terrorist organisation.

      4. 57. Possession for terrorist purposes.

      5. 58. Collection of information.

    2. Inciting terrorism overseas

      1. 59. England and Wales.

      2. 60. Northern Ireland.

      3. 61. Scotland.

    3. Terrorist bombing and finance offences

      1. 62. Terrorist bombing: jurisdiction.

      2. 63. Terrorist finance: jurisdiction.

      3. 64. Extradition.

  7. Part VII

    Northern Ireland

    1. Scheduled offences

      1. 65. Scheduled offence: interpretation.

      2. 66. Preliminary inquiry.

      3. 67. Limitation of power to grant bail.

      4. 68. Bail: legal aid.

      5. 69. Maximum period of remand in custody.

      6. 70. Young persons: custody on remand, &c.

      7. 71. Directions under section 70.

      8. 72. Time limits for preliminary proceedings.

      9. 73. Time limits: supplementary.

      10. 74. Court for trial.

      11. 75. Mode of trial on indictment.

      12. 76. Admission in trial on indictment.

      13. 77. Possession: onus of proof.

      14. 78. Children: sentence.

      15. 79. Restricted remission.

      16. 80. Conviction during remission.

    2. Powers of arrest, search, &c.

      1. 81. Arrest of suspected terrorists: power of entry.

      2. 82. Arrest and seizure: constables.

      3. 83. Arrest and seizure: armed forces.

      4. 84. Munitions and transmitters.

      5. 85. Explosives inspectors.

      6. 86. Unlawfully detained persons.

      7. 87. Examination of documents.

      8. 88. Examination of documents: procedure.

      9. 89. Power to stop and question.

      10. 90. Power of entry.

      11. 91. Taking possession of land, &c.

      12. 92. Road closure: permission.

      13. 93. Sections 91 and 92: supplementary.

      14. 94. Road closure: direction.

      15. 95. Sections 81 to 94: supplementary.

    3. Miscellaneous

      1. 96. Preservation of the peace: regulations.

      2. 97. Port and border controls.

      3. 98. Independent Assessor of Military Complaints Procedures.

      4. 99. Police and army powers: code of practice.

      5. 100. Video recording: code of practice.

      6. 101. Codes of practice: supplementary.

      7. 102. Compensation.

      8. 103. Terrorist information.

      9. 104. Police powers: records.

      10. 105. Powers.

      11. 106. Private security services.

    4. Specified organisations

      1. 107. Specified organisations: interpretation.

      2. 108. Evidence.

      3. 109. Inferences.

      4. 110. Sections 108 and 109: supplementary.

      5. 111. Forfeiture orders.

    5. Duration of Part VII

      1. 112. Expiry and reviv

  8. Part VIII

    General

    1. 114. Police powers.

    2. 115. Officers' powers.

    3. 116. Powers to stop and search.

    4. 117. Consent to prosecution.

    5. 118. Defences.

    6. 119. Crown servants, regulators, &c.

    7. 120. Evidence.

    8. 121. Interpretation.

    9. 122. Index of defined expressions.

    10. 123. Orders and regulations.

    11. 124. Directions.

    12. 125. Amendments and repeals.

    13. 126. Report to Parliament.

    14. 127. Money.

    15. 128. Commencement.

    16. 129. Transitional provisions.

    17. 130. Extent.

    18. 131. Short title.

  9. Schedules:

    1. Schedule 1

      Northern Ireland (Emergency Provisions) Act 1996.

    2. Schedule 2

      Proscribed Organisations.

    3. Schedule 3

      The Proscribed Organisations Appeal Commission.

    4. Schedule 4

      Forfeiture Orders.

      1. Part I

        England and Wales.

      2. Part II

        Scotland.

      3. Part III

        Northern Ireland.

      4. Part IV

        Insolvency: United Kingdom Provisions.

    5. Schedule 5

      Terrorist Investigations: Information.

      1. Part I

        England and Wales and Northern Ireland.

      2. Part II

        Scotland.

    6. Schedule 6

      Financial Information.

    7. Schedule 7

      Port and Border Controls.

    8. Schedule 8

      Detention.

      1. Part I

        Treatment of persons detained under section 41 or Schedule 7.

      2. Part II

        Review of detention under section 41.

      3. Part III

        Extension of detention under section 41.

    9. Schedule 9

      Scheduled Offences.

      1. Part I

        Substantive Offences.

      2. Part II

        Inchoate and Related Offences.

      3. Part III

        Extra-Territorial Offences.

    10. Schedule 10

      Munitions and Transmitters: Search and Seizure.

    11. Schedule 11

      Independent Assessor of Military Complaints Procedures in Northern Ireland.

    12. Schedule 12

      Compensation.

    13. Schedule 13

      Private Security Services.

    14. Schedule 14

      Exercise of Officers' Powers.

    15. Schedule 15

      Consequential Amendments.

    16. Schedule 16

      Repeals and Revocations.

      1. Part I

        Acts.

      2. Part II

        Orders.

An Act to make provision about terrorism; and to make temporary provision for Northern Ireland about the prosecution and punishment of certain offences, the preservation of peace and the maintenance of order.

[20th July 2000]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Introductory

1 Terrorism: interpretation

(1) In this Act "terrorism" means the use or threat of action where--

(a) the action falls within subsection (2),

(b) the use or threat is designed to influence the government or to intimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.

(2) Action falls within this subsection if it--

(a) involves serious violence against a person,

(b) involves serious damage to property,

(c) endangers a person's life, other than that of the person committing the action,

(d) creates a serious risk to the health or safety of the public or a section of the public, or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

(4) In this section--

(a) "action" includes action outside the United Kingdom,

(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,

(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and

(d) "the government" means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.

(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.

2 Temporary legislation

(1) The following shall cease to have effect--

(a) the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, and

(b) the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996.

(2) Schedule 1 (which preserves certain provisions of the 1996 Act, in some cases with amendment, for a transitional period) shall have effect.



Part II Proscribed Organisations

Procedure

3 Proscription

(1) For the purposes of this Act an organisation is proscribed if--

(a) it is listed in Schedule 2, or

(b) it operates under the same name as an organisation listed in that Schedule.

(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.

(3) The Secretary of State may by order--

(a) add an organisation to Schedule 2;

(b) remove an organisation from that Schedule;

(c) amend that Schedule in some other way.

(4) The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.

(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it--

(a) commits or participates in acts of terrorism,

(b) prepares for terrorism,

(c) promotes or encourages terrorism, or

(d) is otherwise concerned in terrorism.

4 Deproscription: application

(1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2.

(2) An application may be made by--

(a) the organisation, or

(b) any person affected by the organisation's proscription.

(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section.

(4) The regulations shall, in particular--

(a) require the Secretary of State to determine an application within a specified period of time, and

(b) require an application to state the grounds on which it is made.

5 Deproscription: appeal

(1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.

(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission.

(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.

(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection.

(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable--

(a) lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or

(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).

(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.

6 Further appeal

(1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to--

(a) the Court of Appeal, if the first appeal was heard in England and Wales,

(b) the Court of Session, if the first appeal was heard in Scotland, or

(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

(2) An appeal under subsection (1) may be brought only with the permission--

(a) of the Commission, or

(b) where the Commission refuses permission, of the court to which the appeal would be brought.

(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords).

7 Appeal: effect on conviction, &c

(1) This section applies where--

(a) an appeal under section 5 has been allowed in respect of an organisation,

(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),

(c) a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and

(d) the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.

(2) If the person mentioned in subsection (1)(c) was convicted on indictment--

(a) he may appeal against the conviction to the Court of Appeal, and

(b) the Court of Appeal shall allow the appeal.

(3) A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.

(4) An appeal by virtue of subsection (2)--

(a) must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 1 of the [1968 c. 19.] Criminal Appeal Act 1968 (but does not require leave).

(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates' court--

(a) he may appeal against the conviction to the Crown Court, and

(b) the Crown Court shall allow the appeal.

(6) A person may appeal against a conviction by virtue of subsection (5)--

(a) whether or not he pleaded guilty,

(b) whether or not he has already appealed against the conviction, and

(c) whether or not he has made an application in respect of the conviction under section 111 of the [1980 c. 43.] Magistrates' Courts Act 1980 (case stated).

(7) An appeal by virtue of subsection (5)--

(a) must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 108(1)(b) of the [1980 c. 43.] Magistrates' Courts Act 1980.

(8) In section 133(5) of the [1988 c. 33.] Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted-- " or

(c) on an appeal under section 7 of the Terrorism Act 2000 " .

8 Section 7: Scotland and Northern Ireland

(1) In the application of section 7 to Scotland--

(a) for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,

(b) in subsection (2)(b), at the end insert "and quash the conviction",

(c) in subsection (4)--

(i) in paragraph (a), for "28 days" substitute "two weeks", and

(ii) in paragraph (b), for "section 1 of the Criminal Appeal Act 1968" substitute "section 106 of the Criminal Procedure (Scotland) Act 1995",

(d) in subsection (5)--

(i) for "by a magistrates' court" substitute "in summary proceedings", and

(ii) in paragraph (b), at the end insert "and quash the conviction",

(e) in subsection (6), paragraph (c) is omitted, and

(f) in subsection (7)--

(i) in paragraph (a) for "21 days" substitute "two weeks", and

(ii) for paragraph (b) substitute--

" (b) shall be by note of appeal, which shall state the ground of appeal,

(c) shall not require leave under any provision of Part X of the Criminal Procedure (Scotland) Act 1995, and

(d) shall be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine. " .

(2) In the application of section 7 to Northern Ireland--

(a) the reference in subsection (4) to section 1 of the [1968 c. 19.] Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980,

(b) references in subsection (5) to the Crown Court shall be taken as references to the county court,

(c) the reference in subsection (6) to section 111 of the [1980 c. 43.] Magistrates' Courts Act 1980 shall be taken as a reference to Article 146 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981, and

(d) the reference in subsection (7) to section 108(1)(b) of the [1980 c. 43.] Magistrates' Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981.

9 Human Rights Act 1998

(1) This section applies where rules (within the meaning of section 7 of the [1998 c. 42.] Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission.

(2) The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act--

(a) section 5(4) and (5),

(b) section 6,

(c) section 7, and

(d) paragraphs 4 to 8 of Schedule 3.

(3) The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review.

(4) In the application of the provisions mentioned in subsection (2)--

(a) a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and

(b) a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.

10 Immunity

(1) The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 56--

(a) evidence of anything done in relation to an application to the Secretary of State under section 4,

(b) evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the [1998 c. 42.] Human Rights Act 1998,

(c) evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and

(d) any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).

(2) But subsection (1) does not prevent evidence from being adduced on behalf of the accused.



Offences

11 Membership

(1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.

(2) It is a defence for a person charged with an offence under subsection (1) to prove--

(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and

(b) that he has not taken part in the activities of the organisation at any time while it was proscribed.

(3) A person guilty of an offence under this section shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding ten 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.

(4) In subsection (2) "proscribed" means proscribed for the purposes of any of the following--

(a) this Act;

(b) the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996;

(c) the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991;

(d) the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989;

(e) the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984;

(f) the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978;

(g) the [1976 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1976;

(h) the [1974 c. 56.] Prevention of Terrorism (Temporary Provisions) Act 1974;

(i) the [1973 c. 53.] Northern Ireland (Emergency Provisions) Act 1973.

12 Support

(1) A person commits an offence if--

(a) he invites support for a proscribed organisation, and

(b) the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).

(2) A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is--

(a) to support a proscribed organisation,

(b) to further the activities of a proscribed organisation, or

(c) to be addressed by a person who belongs or professes to belong to a proscribed organisation.

(3) A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.

(4) Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.

(5) In subsections (2) to (4)--

(a) "meeting" means a meeting of three or more persons, whether or not the public are admitted, and

(b) a meeting is private if the public are not admitted.

(6) A person guilty of an offence under this section shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding ten 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.

13 Uniform

(1) A person in a public place commits an offence if he--

(a) wears an item of clothing, or

(b) wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.

(2) A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be liable on summary conviction to--

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.



Part III Terrorist Property

Interpretation

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14 Terrorist property

(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.

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