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Terrorism Act 2000

Type Public General Act

Publication 2000-07-20

Last updated 2026-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Information orders

22B

(1) A magistrates’ court or (in Scotland) the sheriff may, on an application made by a law enforcement officer, make an information order if satisfied that either condition 1 or condition 2 is met.

(1A) A magistrates’ court or (in Scotland) the sheriff may, on an application made—

(a) in the case of a magistrates’ court, by the Director General of the National Crime Agency or an authorised NCA officer, and

(b) in the case of the sheriff, by a procurator fiscal,

make an information order if satisfied that either condition 3 or condition 4 is met.

(2) The application must—

(a) specify or describe the information sought under the order, and

(b) specify the person from whom the information is sought (“the respondent”).

(3) An information order is an order requiring the respondent to provide—

(a) the information specified or described in the application for the order, or

(b) such other information as the court or sheriff making the order thinks appropriate,

so far as the information is in the possession, or under the control, of the respondent.

(4) Condition 1 for the making of an information order is met if—

(a) the information required to be given under the order would relate to a matter arising from a disclosure made under section 21A,

(b) the respondent is the person who made the disclosure or is otherwise carrying on a business in the regulated sector,

(i) investigating whether a person is involved in the commission of an offence under any of sections 15 to 18 or in determining whether an investigation of that kind should be started, or

(ii) identifying terrorist property or its movement or use, and

(d) it is reasonable in all the circumstances for the information to be provided.

(5) Condition 2 for the making of an information order is met if—

(a) the information required to be given under the order would relate to a matter arising from a disclosure made under a corresponding disclosure requirement,

(b) an external request has been made to the National Crime Agency for the provision of information in connection with that disclosure,

(d) the information is likely to be of substantial value to the authority that made the external request in determining any matter in connection with the disclosure, and

(e) it is reasonable in all the circumstances for the information to be provided.

(6) For the purposes of subsection (5), “external request” means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding terrorist financing offence has been committed.

(6A) Condition 3 for the making of an information order is met if—

(a) the information would assist an authorised NCA officer to conduct—

(i) operational analysis of information that is relevant to terrorist financing or suspected terrorist financing, or

(ii) strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing,

for the purposes of the criminal intelligence function of the National Crime Agency so far as it relates to terrorist financing,

(b) the respondent is a person carrying on a business in the regulated sector,

(c) where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 22F,

(d) where the application for the order is made to the sheriff—

(i) the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and

(ii) the person making that request has had regard to the code of practice under section 22F, and

(e) it is reasonable in all the circumstances for the information to be provided.

(6B) Condition 4 for the making of an information order is met if—

(a) a request has been made by a foreign FIU to the National Crime Agency for the provision of the information required to be given under the order,

(b) an authorised NCA officer has reasonable grounds to believe that the request was made only for the purpose of assisting the foreign FIU to conduct one or both of the following—

(i) operational analysis of information that is relevant to terrorist financing or suspected terrorist financing, or

(ii) strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systematic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing,

and that the information is likely to be of substantial value to the foreign FIU in carrying out such analysis,

(c) the provision of the information by the National Crime Agency to the foreign FIU would be for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to terrorist financing,

(d) the respondent is a person carrying on a business in the regulated sector,

(e) where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 22F,

(f) where the application for the order is made to the sheriff—

(i) the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and

(ii) the person making that request has had regard to the code of practice under section 22F, and

(g) it is reasonable in all the circumstances for the information to be provided.

(7) An information order must specify—

(a) how the information required under the order is to be provided, and

(b) the date by which it is to be provided.

(8) If a person fails to comply with an information order made by a magistrates’ court, the magistrates’ court may order the person to pay an amount not exceeding £5,000.

(9) The sum mentioned in subsection (8) is to be treated as adjudged to be paid by a conviction of the court for the purposes of the Magistrates’ Courts Act 1980 or (as the case may be) the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(10) In order to take account of changes in the value of money the Secretary of State may by regulations made by statutory instrument substitute another sum for the sum for the time being specified in subsection (8).

(11) A statutory instrument containing regulations under subsection (10) is subject to annulment in pursuance of a resolution of either House of Parliament.

(12) A law enforcement officer who is a constable, a National Crime Agency officer or a counter-terrorism financial investigator may not make an application under this section in reliance on Condition 1 or 2 unless the officer is a senior law enforcement officer or is authorised to do so by a senior law enforcement officer.

(13) Schedule 3A has effect for the purposes of this section in determining what is a business in the regulated sector.

(14) In this section—

“authorised NCA officer” means an officer of the National Crime Agency authorised by the Director General (whether generally or specifically) for the purposes of this section;

“corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;

“corresponding terrorist financing offence” means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence under any of sections 15 to 18;

“the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013;

“foreign country” means a country or territory outside the United Kingdom;

“foreign FIU” means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);

“law enforcement officer” means—a constable,a National Crime Agency officer authorised for the purposes of this section by the Director General of that Agency,a counter-terrorism financial investigator, ora procurator fiscal;

“senior law enforcement officer” means—a police officer of at least the rank of superintendent;the Director General of the National Crime Agency;any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.

“terrorist financing” means—for the purposes of subsection (6A), an act which constitutes an offence under any of sections 15 to 18;for the purposes of subsection (6B), an act which constitutes a corresponding terrorist financing offence.

Statements

22C

(1) A statement made by a person in response to an information order may not be used in evidence against the person in criminal proceedings.

(2) Subsection (1) does not apply—

(a) in the case of proceedings under this Part,

(b) on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).

(3) A statement may not be used by virtue of subsection (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

(4) In subsection (2)(b) the reference to a prosecution for perjury is—

(a) in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;

(b) in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

Appeals

22D

(1) An appeal from a decision on an application for an information order lies to the relevant appeal court.

(2) An appeal under this section lies at the instance of any person who was a party to the proceedings on the application.

(3) The “relevant appeal court” is—

(a) the Crown Court, in the case of a decision made by a magistrates’ court in England and Wales;

(b) a county court, in the case of a decision made by a magistrates’ court in Northern Ireland;

(4) On an appeal under this section the relevant appeal court may—

(a) make or (as the case may be) discharge an information order, or

(b) vary the order.

Supplementary

22E

(1) An information order does not confer the right to require a person to provide privileged information.

(2) “Privileged information” is information which a person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court or, in Scotland, legal privilege as defined by section 412 of the Proceeds of Crime Act 2002.

(3) Information provided in pursuance of an information order is not to be taken to breach any restriction on the disclosure of information (however imposed).

(4) An application for an information order may be heard and determined in private.

(5) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to ... information orders.

Code of practice about certain information orders

22F

(1) The Secretary of State must make a code of practice in connection with the exercise of the following functions by the Director General of the National Crime Agency or an authorised NCA officer—

(a) the making of an application to the magistrates’ court for an information order under section 22B(1A) (information orders made in reliance on Condition 3 or 4 in section 22B being met);

(b) the making of a request to a procurator fiscal for the procurator fiscal to apply for an information order under section 22B(1A).

(2) Where the Secretary of State proposes to issue a code of practice the Secretary of State must—

(a) publish a draft,

(b) consider any representations made about the draft, and

(3) A requirement in paragraph (a), (b) or (c) of subsection (2) may be satisfied by the carrying out of the action required by the paragraph in question before this section comes into force.

(4) The Secretary of State must lay a draft of the code before Parliament.

(5) When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by regulations.

(6) The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (5) apply to a revised code as they apply to the original code.

(7) A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.

(8) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(9) A code of practice made under this section may be combined with a code of practice under section 339ZL of the Proceeds of Crime Act 2002 (code of practice relating to certain information orders under section 339ZH of that Act).

(10) In this section “authorised NCA officer” has the meaning given in section 22B(14).

Forfeiture

Forfeiture: terrorist property offences

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 which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) they intended should be used, or had reasonable cause to suspect might be used, for those purposes.

(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 which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.

(4) Where a person is convicted of an offence under section 17 or 18 the court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) was, at that time, intended by them to be used for those purposes.

(5) Where a person is convicted of an offence under section 17 the court may order the forfeiture of the money or other property to which the arrangement in question related, and which—

(a) had been used for the purposes of terrorism, or

(b) at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.

(5A) Where a person is convicted of an offence under section 17A the court may order the forfeiture of the amount paid under, or purportedly under, the insurance contract.

(6) 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.

(7) 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.

Forfeiture: other terrorism offences and offences with a terrorist connection

23A

(1) The court by or before which a person is convicted of an offence to which this section applies may order the forfeiture of any money or other property in relation to which the following conditions are met—

(a) that it was, at the time of the offence, in the possession or control of the person convicted; and

(b) that—

(i) it had been used for the purposes of terrorism,

(ii) it was intended by that person that it should be used for the purposes of terrorism, or

(iii) the court believes that it will be used for the purposes of terrorism unless forfeited.

(2) This section applies to an offence under—

(a) any of the following provisions of this Act—

section 54 (weapons training);

section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);

section 58B (entering or remaining in a designated area);

section 59, 60 or 61 (inciting terrorism outside the United Kingdom);

(b) any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

section 2 (dissemination of terrorist publications);

section 5 (preparation of terrorist acts);

section 6 (training for terrorism);

sections 9 to 11 (offences involving radioactive devices or materials).

(3) This section applies to any ancillary offence (as defined in section 94 of the Counter-Terrorism Act 2008) in relation to an offence listed in subsection (2).

(4) This section also applies to an offence ... as to which—

(a) in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code, that the offence has a terrorist connection;

(b) in Scotland, it has been proved, in accordance with section 31 of that Act, that the offence has a terrorist connection.

(5) The Secretary of State may by order amend subsection (2).

(6) An order adding an offence to subsection (2) applies only in relation to offences committed after the order comes into force.

Forfeiture: supplementary provisions

23B

(1) Before making an order under section 23 or 23A, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under that section.

(2) In considering whether to make an order under section 23 or 23A in respect of any property, a court shall have regard to—

(a) the value of the property, and

(b) the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

(3) A court in Scotland must not make an order under section 23 or 23A except on the application of the prosecutor—

(a) in proceedings on indictment, when the prosecutor moves for sentence, and

(b) in summary proceedings, before the court sentences the accused;

and for the purposes of any appeal or review, an order under either of those sections made by a court in Scotland is a sentence.

(4) Schedule 4 makes further provision in relation to forfeiture orders under section 23 or 23A.

Seizure of terrorist cash

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31

Part IV — Terrorist Investigations

Interpretation

Terrorist investigation.

32

In this Act “terrorist investigation” means an investigation of—

(a) the commission, preparation or instigation of acts of terrorism,

(b) an act which appears to have been done for the purposes of terrorism,

(d) the possibility of making an order under section 3(3), or

(e) the commission, preparation or instigation of an offence under this Act or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act .

Cordons

Cordoned areas.

33

(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.

(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.

(3) If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.

(4) The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable—

(a) by means of tape marked with the word “police”, or

(b) in such other manner as a constable considers appropriate.

Power to designate.

34

(1) Subject to subsections (1A), (1B) and (2), a designation under section 33 may only be made—

(a) where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and

(b) where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.

(1A) A designation under section 33 may be made in relation to an area (outside Northern Ireland) which is in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act, by a member of the British Transport Police Force who is of at least the rank of superintendent.

(1B) A designation under section 33 may be made by a member of the Ministry of Defence Police who is of at least the rank of superintendent in relation to an area outside or in Northern Ireland—

(a) if it is a place to which subsection (2) of section 2 of the Ministry of Defence Police Act 1987 (c. 4) applies,

(b) if a request has been made under paragraph (a), (b) or (d) of subsection (3A) of that section in relation to a terrorist investigation and it is a place where he has the powers and privileges of a constable by virtue of that subsection as a result of the request, or

(c) if a request has been made under paragraph (c) of that subsection in relation to a terrorist investigation and it is a place described in subsection 1A of this section.

(1C) But a designation under section 33 may not be made by—

(a) a member of the British Transport Police Force, or

(b) a member of the Ministry of Defence Police,

in any other case.

(2) A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.

(3) Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—

(a) make a written record of the time at which the designation was made, and

(b) ensure that a police officer of at least the rank of superintendent is informed.

(4) An officer who is informed of a designation in accordance with subsection (3)(b)—

(a) shall confirm the designation or cancel it with effect from such time as he may direct, and

(b) shall, if he cancels the designation, make a written record of the cancellation and the reason for it.

Duration.

35

(1) A designation under section 33 has effect, subject to subsections (2) to (5), during the period—

(a) beginning at the time when it is made, and

(b) ending with a date or at a time specified in the designation.

(2) The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.

(3) The period during which a designation has effect may be extended in writing from time to time by—

(a) the person who made it, or

(b) a person who could have made it (otherwise than by virtue of section 34(2)).

(4) An extension shall specify the additional period during which the designation is to have effect.

(5) A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.

Police powers.

36

(1) A constable in uniform may—

(a) order a person in a cordoned area to leave it immediately;

(b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;

(d) arrange for the removal of a vehicle from a cordoned area;

(e) arrange for the movement of a vehicle within a cordoned area;

(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles.

(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

(3) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.

(4) A person guilty of an offence under subsection (2) shall be liable on summary conviction to—

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

(b) a fine not exceeding level 4 on the standard scale, or

Information and evidence

Powers.

37

Schedule 5 (power to obtain information, &c.) shall have effect.

Disclosure orders in relation to terrorist financing investigations

37A

Schedule 5A (terrorist financing investigations: disclosure orders) has effect.

Financial information.

38

Schedule 6 (financial information) shall have effect.

Account monitoring orders

38A

Schedule 6A (account monitoring orders) shall have effect.

Information about acts of terrorism

38B

(1) This section applies where a person has information which he knows or believes might be of material assistance—

(a) in preventing the commission by another person of an act of terrorism, or

(b) in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.

(2) The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).

(3) Disclosure is in accordance with this subsection if it is made—

(a) in England and Wales, to a constable,

(b) in Scotland, to a constable, or

(4) 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.

(5) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years , or 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.

(6) Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1).

Disclosure of information, &c.

39

(1) Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.

(2) The person commits an offence if he—

(a) discloses to another anything which is likely to prejudice the investigation, or

(b) interferes with material which is likely to be relevant to the investigation.

(3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21Bor 38B.

(4) The person commits an offence if he—

(a) discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or

(b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.

(5) It is a defence for a person charged with an offence under subsection (2) or (4) to prove—

(a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or

(b) that he had a reasonable excuse for the disclosure or interference.

(6) Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser—

(a) to his client or to his client’s representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or

(b) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.

(6A) Subsections (2) and (4) do not apply if—

(a) the disclosure is of a matter within section 21D(2) or (3)(a) (terrorist property: tipping off), and

(b) the information on which the disclosure is based came to the person in the course of a business in the regulated sector.

(7) 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, to a fine not exceeding the statutory maximum or to both.

(8) For the purposes of this section—

(a) a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and

(b) a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.

(9) The reference in subsection (6A) to a business in the regulated sector is to be construed in accordance with Schedule 3A.

Part V — Counter-terrorist Powers

Suspected terrorists etc.

Terrorist: interpretation.

40

(1) In this Part “terrorist” means a person who—

(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or

(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism.

(2) The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this Act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.

Arrest without warrant.

41

(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

(2) Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.

(3) Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—

(a) with the time of his arrest under this section, or

(b) if he was being detained under a provision listed in subsection (3A) when he was arrested under this section, with the time when his detention under that provision began.

(3A) Those provisions are—

(a) section 24 of the Police and Criminal Evidence Act 1984;

(b) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(d) section 1 of the Criminal Justice (Scotland) Act 2016 (asp 1);

(e) Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;

(f) section 27 of the National Security Act 2023.

(4) If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.

(5) Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application.

(6) Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application.

(7) Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.

(8) The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.

(8ZA) Subsection (8A) applies where—

(a) a person is detained under this section in hospital, or

(b) a person detained under this section is removed to hospital because the person needs medical treatment.

(8A) Where this subsection applies—

(a) any time during which the person is being questioned in hospital or (where this subsection applies by virtue of subsection (8ZA)(b)) on the way there or back for the purpose of obtaining relevant evidence is to be included in calculating any period which falls to be calculated for the purposes of this section or Part 3 of Schedule 8, but

(b) any other time when the person is in hospital or (where this subsection applies by virtue of subsection (8ZA)(b)) on the way there or back is not to be included.

(8B) In subsection (8A), “relevant evidence” means, in relation to the detained person, evidence which—

(a) relates to the person's commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b) indicates that the person is a person falling within section 40(1)(b).

(9) A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.

Search of premises.

42

(1) A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.

(2) A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.

(3) In the application of subsection (1) to Scotland—

(a) “justice of the peace” includes the sheriff, and

(b) the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.

Search of persons.

43

(1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2) A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

(4A) Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B) The constable—

(a) may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b) may seize and retain anything which the constable—

(i) discovers in the course of such a search, and

(ii) reasonably suspects may constitute evidence that the person is a terrorist.

(4C) Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.

(5) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

Search of vehicles

43A

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism.

(2) The constable may stop and search—

(a) the vehicle;

(b) the driver of the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger;

to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.

(3) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under this section, and

(b) reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism.

(4) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

(5) In this section “driver”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew.

Offenders released on licence: powers in connection with protecting public from risk of terrorism

Terrorist offenders released on licence: arrest without warrant pending recall decision

43B

(1) Subject to subsection (2), a constable may arrest without warrant a terrorist offender who has been released on licence if the constable—

(a) has reasonable grounds for suspecting that the offender has breached a condition of their licence, and

(b) reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made.

(2) A terrorist offender who is detained under this section must (unless recalled or otherwise detained under any other power) be released—

(a) if a recall decision is made not to revoke the offender’s licence (and accordingly the offender is not recalled to prison), as soon as practicable after that decision is made, or

(b) if a recall decision has not been made by the end of the relevant period, at the end of that period.

(3) Part 1 of Schedule 8 makes provision that applies where a terrorist offender is arrested under this section.

(4) In this section “terrorist offender” means—

(a) an offender to whom a restricted release provision applies or would apply but for the fact that the offender has been released on licence;

(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act) who is serving a sentence for an offence within section 247A(2) of the Criminal Justice Act 2003;

(c) a life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act) who is serving a sentence, or is subject to an order for lifelong restriction, for an offence within section 1AB(2) of that Act;

(d) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order) who is serving a sentence for an offence within Article 20A(2) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

(5) For the purposes of this section—

(a) a reference to an offender who has been released on licence includes an offender who —

(i) has been released temporarily pursuant to rules made under section 47(5) of the Prison Act 1952 or section 13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)), or

(ii) has been released temporarily on licence pursuant to rules made under section 39(6) of the Prisons (Scotland) Act 1989;

(b) a reference to a condition of an offender’s licence includes a condition to which an offender’s temporary release is subject;

(6) In this section—

“prison” includes any place where a person is liable to be detained;

“recall decision”, in relation to a terrorist offender who has been released on licence, means a decision by any person with the power to revoke the offender’s licence and recall the offender to prison whether or not to exercise that power;

the “relevant period” means—in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;in relation to a terrorist offender who has been released on licence under the law of Scotland or Northern Ireland, the period of 12 hours beginning with the time of the arrest under this section;

“restricted release provision” means—section 247A of the Criminal Justice Act 2003;section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993;Article 20A of the Criminal Justice (Northern Ireland) Order 2008.

(7) A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.

Power to search terrorist offenders released on licence

43C

(1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism.

(2) A terrorist offender is within this subsection if—

(a) the offender has been released on licence (and not recalled), and

(b) the offender’s licence includes a search condition.

(3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).

(4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle (see section 116(2)).

(5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism.

(6) Nothing in subsection (5) confers a power to search any person, but the power to search in that subsection is in addition to the power in subsection (1) to search a terrorist offender.

(7) The power in subsection (1) to search a terrorist offender includes power to search anything carried by the offender.

(8) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.

(9) In this section—

“search condition” means a condition requiring the offender to submit to a search of their person under this section;

“terrorist offender” has the same meaning as in section 43B.

(10) A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.

Search of premises of offender released on licence for purposes connected with protection from risk of terrorism

43D

(1) A justice may issue a warrant under this section if, on the application of a senior police officer of the relevant force, the justice is satisfied that the requirements in subsection (2) are met.

(2) The requirements are—

(a) that the person specified in the application is a relevant offender who has been released on licence (and not recalled),

(b) that there are reasonable grounds for believing that the person resides, or may regularly be found, at premises (whether residential or otherwise) specified in the application,

(c) that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a constable to enter and search premises specified in the application, and

(d) the occupier of the premises is unlikely to consent to a constable entering or searching the premises specified in the application.

(3) A warrant under this section must specify each set of premises to which it relates (which are to be premises in relation to which the requirements in subsection (2)(b) to (d) are met).

(4) A warrant under this section is a warrant that authorises a constable of the relevant force, for the purposes referred to in subsection (2)(c)—

(a) to enter the premises to which it relates, and

(b) to search the premises or, if the premises are multiple occupancy premises, the relevant parts of the premises.

(5) A warrant under this section may—

(a) authorise the constable executing it to use reasonable force if necessary to enter and search the premises;

(b) authorise entry to, and search of, the premises on more than one occasion (whether on a certain number of occasions or without limit), so far as the justice who issues the warrant is satisfied that such authorisation is necessary for the purposes referred to in subsection (2)(c).

(6) For the purposes of subsection (4)—

(a) “multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside;

(b) the reference to the “relevant parts” of multiple occupancy premises is to those parts of the premises to which the constable has reasonable grounds for believing that the person to whom the warrant relates has access.

(7) Subsection (5) of section 43B applies for the purposes of this section as it applies for the purposes of that section.

(8) In this section “relevant offender” means—

(a) a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners);

(b) a life prisoner within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34 of that Act);

(c) a short-term prisoner, long-term prisoner or life prisoner within the meaning of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see section 27 of that Act);

(d) a fixed-term prisoner within the meaning of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (see Article 16 of that Order);

(e) a life prisoner within the meaning of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see Article 2 of that Order).

(9) In this section—

“justice” means—a justice of the peace in England and Wales,a sheriff or summary sheriff in Scotland, ora lay magistrate in Northern Ireland;

“relevant force” means—if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated,if those premises are in Scotland, the Police Service of Scotland, orif those premises are in Northern Ireland, the Police Service of Northern Ireland;

“senior police officer” means a constable of the rank of superintendent or above.

Seizure and retention of items found in search under section 43C or 43D

43E

(1) This section applies where a constable carries out—

(a) a search of a terrorist offender under section 43C(1),

(b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or

(2) A constable may seize anything that the constable finds in the course of the search if—

(a) the constable reasonably suspects that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or

(b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining—

(i) whether the offender has breached a condition of the offender’s licence, and

(ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed.

(3) Anything seized under subsection (2) may be—

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances (but see subsection (5)).

(4) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence;

(b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(5) Anything seized under subsection (2)(b) that is not retained as mentioned in subsection (4)(a) or (b) may be retained for a maximum period of 7 days beginning with the day after the day on which the thing is seized.

(6) Nothing may be retained for either of the purposes mentioned in subsection (4)(a) if a photograph or copy would be sufficient for that purpose.

(7) In this section “offender” means—

(a) in relation to a search under section 43C, the terrorist offender to whom the search relates;

(b) in relation to a search under section 43D, the relevant offender in relation to whom the warrant authorising the search was issued.

(8) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

...

Authorisations.

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of power.

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of authorisation.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences.

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to stop and search in specified locations

Searches in specified areas or places

47A

(1) A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer—

(a) reasonably suspects that an act of terrorism will take place; and

(b) reasonably considers that—

(i) the authorisation is necessary to prevent such an act;

(ii) the specified area or place is no greater than is necessary to prevent such an act; and

(iii) the duration of the authorisation is no longer than is necessary to prevent such an act.

(2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search—

(a) the vehicle;

(b) the driver of the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger.

(3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search—

(a) the pedestrian;

(b) anything carried by the pedestrian.

(4) A constable in uniform may exercise the power conferred by an authorisation under subsection (2) or (3) only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).

(5) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence.

(6) A constable may seize and retain anything which the constable—

(a) discovers in the course of a search under such an authorisation; and

(b) reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b).

(7) Schedule 6B (which makes supplementary provision about authorisations under this section) has effect.

(8) In this section—

“driver” has the meaning given by section 43A(5);

“senior police officer” has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule);

“specified” means specified in an authorisation.

Code of practice relating to sections 43, 43A and 47A

Code of practice relating to sections 43, 43A , 43C and 47A

47AA

(1) The Secretary of State must prepare a code of practice containing guidance about—

(a) the exercise of the powers conferred by sections 43 , 43A and 43C,

(b) the exercise of the powers to give an authorisation under section 47A(2) or (3),

(d) such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) to (c) as the Secretary of State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) In the course of preparing such a code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.

Issuing of code

47AB

(1) The Secretary of State must lay before Parliament—

(a) a code of practice prepared under section 47AA, and

(b) a draft of an order providing for the code to come into force.

(2) The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament.

(3) The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under section 47AA if—

(a) the draft of the order is not so approved, and

(b) the Secretary of State considers that there is no realistic prospect that it will be so approved.

(5) A code comes into force in accordance with an order under this section.

Alteration or replacement of code

47AC

(1) The Secretary of State—

(a) must keep the search powers code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.

(3) Section 47AB (other than subsection (4)) applies to an alteration or a replacement code prepared under this section as it applies to a code prepared under section 47AA.

(4) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).

Publication of code

47AD

(1) The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2).

(2) The Secretary of State must publish—

(a) any alteration issued under section 47AB (2), or

(b) the code or replacement code as altered by it.

Effect of code

47AE

(1) A constable must have regard to the search powers code when exercising any powers to which the code relates.

(2) A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings.

(5) The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of ... paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).

Parking

Authorisations.

48

(1) An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation.

(2) An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

(3) An authorisation may be given—

(a) where the road specified is in England and Wales and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

(b) where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;

(c) where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;

(ca) where the road specified is in Scotland, by a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable;

(d) where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

(4) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

Exercise of power.

49

(1) The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned.

(2) A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place.

(3) Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48—

(a) for the purposes of section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and

(b) for the purposes of Articles 47 and 48 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

Duration of authorisation.

50

(1) An authorisation under section 48 has effect, subject to subsections (2) and (3), during the period specified in the authorisation.

(2) The period specified shall not exceed 28 days.

(3) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.

Offences.

51

(1) A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed by virtue of section 48.

(2) A person commits an offence if—

(a) he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and

(b) he fails to move the vehicle when ordered to do so by a constable in uniform.

(3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question.

(4) Possession of a current disabled person’s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3).

(5) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) A person guilty of an offence under subsection (2) shall be liable on summary conviction to—

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

(b) a fine not exceeding level 4 on the standard scale, or

Interpretation.

52

In sections 48 to 51—

“disabled person’s badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 (in relation to England and Wales and Scotland) or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation to Northern Ireland);

“driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;

“parking” means leaving a vehicle or permitting it to remain at rest;

“traffic sign” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and in Article 28 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland);

“vehicle” has the same meaning as in section 99(5) of the Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and Article 47(4) of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

Port and border controls

Port and border controls.

53

(1) Schedule 7 (port and border controls) shall have effect.

(2) The Secretary of State may by order repeal paragraph 16 of Schedule 7.

(3) The powers conferred by Schedule 7 shall be exercisable notwithstanding the rights conferred by section 1 of the Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).

Part VI — Miscellaneous

Terrorist offences

Weapons training.

54

(1) A person commits an offence if he provides instruction or training in the making or use of—

(a) firearms,

(aa) radioactive material or weapons designed or adapted for the discharge of any radioactive material,

(b) explosives, or

(2) A person commits an offence if he receives instruction or training in the making or use of—

(a) firearms,

(aa) radioactive material or weapons designed or adapted for the discharge of any radioactive material,

(b) explosives, or

(3) A person commits an offence if he invites another to receive instruction or training and the receipt—

(a) would constitute an offence under subsection (2), or

(b) would constitute an offence under subsection (2) but for the fact that it is to take place outside the United Kingdom.

(4) For the purpose of subsections (1) and (3)—

(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

(b) an invitation to receive instruction or training may be either general or addressed to one or more specific persons.

(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.

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

(a) on conviction on indictment, to imprisonment for life , 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Weapons training: interpretation.

55

In section 54—

“ biological weapon ” means a biological agent or toxin (within the meaning of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies,

“chemical weapon” has the meaning given by section 1 of the Chemical Weapons Act 1996, and

“ radioactive material ” means radioactive material capable of endangering life or causing harm to human health,

. . .

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.

(2) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

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.

(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.

(3) In proceedings for an offence under this section, if it is proved that an article—

(a) was on any premises at the same time as the accused, or

(b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,

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.

(4) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 15 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.

Collection of information.

58

(1) A person commits an offence if—

(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, ...

(b) he possesses a document or record containing information of that kind , or

(c) the person views, or otherwise accesses, by means of the internet a document or record containing information of that kind.

(1A) The cases in which a person collects or makes a record for the purposes of subsection (1)(a) include (but are not limited to) those in which the person does so by means of the internet (whether by downloading the record or otherwise).

(2) In this section “record” includes a photographic or electronic record.

(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.

(3A) The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which—

(a) at the time of the person's action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person committing or preparing an act of terrorism, or

(b) the person's action or possession was for the purposes of—

(i) carrying out work as a journalist, or

(ii) academic research.

(4) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 15 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.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eliciting, publishing or communicating information about members of armed forces etc

58A

(1) A person commits an offence who—

(a) elicits or attempts to elicit information about an individual who is or has been—

(i) a member of Her Majesty's forces,

(ii) a member of any of the intelligence services, or

(iii) a constable,

which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or

(b) publishes or communicates any such information.

(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 15 years or to a fine, or to both;

(b) on summary conviction—

(i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

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