Terrorism Act 2000 - legislation

1 24-07-00 22:56:03ch1100a00aACTA Unit: pagaCH 11, Act 2000 CHAPTER 11 ARRANGEMENT OF SECTIONSPartIIntroductorySection1. Terrorism : Temporary Deproscription: Deproscription: Further Appeal: effect on conviction, & Section 7: Scotland and Northern Human Rights Act Terrorist Use and Funding 22:56:03ch1100a01aACTA Unit: pagaCH 11, Act 2000 Section18. Money Disclosure of information: Disclosure of information: Cooperation with of terrorist cash24. Seizure and Continued Detained Forfeiture: Treatment of forfeited Rules of Terrorist Cordoned Power to Police and evidence37. Financial Disclosure of information, & terrorists40. Terrorist: Arrest without Search of Search of to stop and search44. Exercise of Duration of 22:56:03ch1100a01aACTA Unit: pagaCH 11, Act 2000 ParkingSection48. Exercise of Duration of and border controls53.

2 Port and border offences54. Weapons Weapons training: Directing terrorist Possession for terrorist Collection of Terrorism overseas59. England and Northern bombing and finance offences62. Terrorist bombing: Terrorist finance: offences65. Scheduled offence: Preliminary Limitation of power to grant Bail: legal Maximum period of remand in Young persons: custody on remand, & Directions under section Time limits for preliminary Time limits: Court for Mode of trial on Admission in trial on Possession: onus of Children: Restricted Conviction during 22:56:03ch1100a01aACTA Unit: pagaCH 11, Act 2000 Powers of arrest, search, & Arrest of suspected terrorists: power of Arrest and seizure: Arrest and seizure: armed Munitions and Explosives Unlawfully detained Examination of Examination of documents: Power to stop and Power of Taking possession of land, & Road closure: Sections 91 and 92: Road closure: Sections 81 to 94: Preservation of the peace: Port and border Independent Assessor of Military Complaints Police and army powers: code of Video recording.

3 Code of Codes of practice: Terrorist Police powers: Private security organisations107. Specified organisations: Sections 108 and 109: Forfeiture of Part VII112. Expiry and Transitional Police Officers Powers to stop and Consent to Crown servants, regulators, & Index of defined Orders and 22:56:03ch1100a01aACTA Unit: pagaCH 11, Act 2000 Section124. Amendments and Report to Transitional Short :Schedule 1 Northern Ireland (Emergency Provisions) 2 Proscribed 3 The Proscribed Organisations 4 Forfeiture I England and II III Northern IV Insolvency: United Kingdom 5 Terrorist Investigations: I England and Wales and Northern II 6 Financial 7 Port and Border 8 I Treatment of persons detained under section 41or Schedule II Review of detention under section III Extension of detention under section 9 Scheduled I Substantive II Inchoate and Related III Extra-Territorial 10 Munitions and Transmitters: Search and 11 Independent Assessor of Military ComplaintsProcedures in Northern 12 13 Private Security 14 Exercise of Officers 15 Consequential 16 Repeals and I II 23:00:14ch1100c00aACT Unit: pag1CH 11, Act 20002000 CHAPTER 11An Act to make provision about Terrorism .

4 And to make temporaryprovision for Northern Ireland about the prosecution andpunishment of certain offences, the preservation of peace and themaintenance of order.[20th July 2000 ]Beitenactedby the Queen s most Excellent Majesty, by and withthe advice and consent of the Lords Spiritual and Temporal, andCommons, in this present Parliament assembled, and by theauthority of the same, as follows: PartIIntroductory1. (1) In this Act Terrorism means the use or threat of (a) the action falls within subsection (2),(b) the use or threat is designed to influence the government or tointimidate 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 personcommitting the action,(d) creates a serious risk to the health or safety of the public or asection of the public, or(e) is designed seriously to interfere with or seriously to disrupt anelectronic system.

5 (3) The use or threat of action falling within subsection (2) whichinvolves the use of firearms or explosives is Terrorism whether or notsubsection (1)(b) is 23:00:14ch1100c01aACT Unit: pag1CH 11, Act 2000 PartI(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 anyperson, or to property, wherever situated,(c) a reference to the public includes a reference to the public of acountry other than the United Kingdom, and(d) the government means the government of the UnitedKingdom, of a Part of the United Kingdom or of a countryother than the United Kingdom.(5) In this Act a reference to action taken for the purposes of terrorismincludes a reference to action taken for the benefit of a (1) The following shall cease to have effect Temporarylegislation.(a) the Prevention of Terrorism (Temporary Provisions) Act 1989,1989 c. (b) the Northern Ireland (Emergency Provisions) Act c.

6 22.(2) Schedule 1 (which preserves certain provisions of the 1996 Act, insome cases with amendment, for a transitional period) shall have (1) For the purposes of this Act an organisation is proscribed if Proscription.(a) it is listed in Schedule 2, or(b) it operates under the same name as an organisation listed in thatSchedule.(2) Subsection (1)(b) shall not apply in relation to an organisationlisted 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 concernedin Terrorism .(5) For the purposes of subsection (4) an organisation is concerned interrorism 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 (1) An application may be made to the Secretary of State for of his power under section 3(3)(b) to remove an organisationfrom Schedule 23:00:14ch1100c01aACT Unit: pag1CH 11, Act 2000 PartII(2) An application may be made by (a) the organisation, or(b) any person affected by the organisation s proscription.

7 (3) The Secretary of State shall make regulations prescribing theprocedure for applications under this section.(4) The regulations shall, in particular (a) require the Secretary of State to determine an application withina specified period of time, and(b) require an application to state the grounds on which it is (1) There shall be a commission, to be known as the Appeal Commission.(2) Where an application under section 4 has been refused, theapplicant may appeal to the Commission.(3) The Commission shall allow an appeal against a refusal todeproscribe an organisation if it considers that the decision to refuse wasflawed when considered in the light of the principles applicable on anapplication for judicial review.(4) Where the Commission allows an appeal under this section by orin respect of an organisation, it may make an order under this subsection.(5) Where an order is made under subsection (4) the Secretary of Stateshall as soon as is reasonably practicable (a) lay before Parliament, in accordance with section 123(4), thedraft of an order under section 3(3)(b) removing theorganisation from the list in Schedule 2, or(b) make an order removing the organisation from the list inSchedule 2 in pursuance of section 123(5).

8 (6) Schedule 3 (constitution of the Commission and procedure) shallhave (1) A party to an appeal under section 5 which the ProscribedFurther Appeal Commission has determined may bring a furtherappeal on a question of law to (a) the Court of Appeal, if the first appeal was heard in Englandand 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 washeard in Northern Ireland.(2) An appeal under subsection (1) may be brought only with thepermission (a) of the Commission, or(b) where the Commission refuses permission, of the court to whichthe appeal would be brought.(3) An order under section 5(4) shall not require the Secretary of Stateto take any action until the final determination or disposal of an appealunder this section (including any appeal to the House of Lords).24-07-00 23:00:15ch1100c02aACT Unit: pag1CH 11, Act 2000 PartIIAppeal: effect on7.

9 (1) This section applies where conviction, &c.(a) an appeal under section 5 has been allowed in respect of anorganisation,(b) an order has been made under section 3(3)(b) in respect of theorganisation in accordance with an order of the Commissionunder section 5(4) (and, if the order was made in reliance onsection 123(5), a resolution has been passed by each House ofParliament under section 123(5)(b)),(c) a person has been convicted of an offence in respect of theorganisation 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 afterthe date of the refusal to deproscribe against which the appealunder section 5 was brought.(2) If the person mentioned in subsection (1)(c) was convicted onindictment (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.

10 (4) An appeal by virtue of subsection (2) (a) must be brought within the period of 28 days beginning with thedate on which the order mentioned in subsection (1)(b) comesinto force, and(b) shall be treated as an appeal under section 1 of the Criminal1968 c. Act 1968 (but does not require leave).(5) If the person mentioned in subsection (1)(c) was convicted by amagistrates 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 theconviction under section 111 of the Magistrates Courts Act1980 c. (case stated).(7) An appeal by virtue of subsection (5) (a) must be brought within the period of 21 days beginning with thedate on which the order mentioned in subsection (1)(b) comesinto force, and(b) shall be treated as an appeal under section 108(1)(b) of theMagistrates Courts Act 1980.