Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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Information and evidence

37 Powers

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

38 Financial information

Schedule 6 (financial information) shall have effect.

39 Disclosure of information, &c

(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 21.

(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.

(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.

Part V Counter-terrorist Powers

Suspected terrorists

40 Terrorist: interpretation

(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.

41 Arrest without warrant

(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 Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.

(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.

(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.

42 Search of premises

(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.

43 Search of persons

(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) A search of a person under this section must be carried out by someone of the same sex.

(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.

(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.

Power to stop and search

44 Authorisations

(1) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation 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.

(2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search--

(a) the pedestrian;

(b) anything carried by him.

(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

(4) An authorisation may be given--

(a) where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

(b) where the specified area or place is the whole or part of 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 specified area or place is the whole or part of 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;

(d) where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

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

45 Exercise of power

(1) The power conferred by an authorisation under section 44(1) or (2)--

(a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and

(b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.

(2) A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.

(3) A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(4) Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.

(5) Where--

(a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and

(b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),

the written statement shall be provided.

(6) An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.

46 Duration of authorisation

(1) An authorisation under section 44 has effect, subject to subsections (2) to (7), during the period--

(a) beginning at the time when the authorisation is given, and

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

(2) The date or time specified under subsection (1)(b) must not occur after the end of the period of 28 days beginning with the day on which the authorisation is given.

(3) The person who gives an authorisation shall inform the Secretary of State as soon as is reasonably practicable.

(4) If an authorisation is not confirmed by the Secretary of State before the end of the period of 48 hours beginning with the time when it is given--

(a) it shall cease to have effect at the end of that period, but

(b) its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period.

(5) Where the Secretary of State confirms an authorisation he may substitute an earlier date or time for the date or time specified under subsection (1)(b).

(6) The Secretary of State may cancel an authorisation with effect from a specified time.

(7) 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) to (6) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.

47 Offences

(1) A person commits an offence if he--

(a) fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(1);

(b) fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(2);

(c) wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 44(1) or (2).

(2) 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

Parking

48 Authorisations

(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 outside Northern Ireland 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;

(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.

49 Exercise of power

(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 [1984 c. 27.] 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 [S.I. 1997/276 (N.I. 2).] Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

50 Duration of authorisation

(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.

51 Offences

(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

52 Interpretation

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 [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (in relation to England and Wales and Scotland) or section 14 of the [1978 c. 53 (N.I.).] 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 [1984 c. 27.] Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and in Article 28 of the [S.I. 1997/276 (N.I. 2).] Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland);
"vehicle" has the same meaning as in section 99(5) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and Article 47(4) of the [S.I. 1997/276 (N.I. 2).] Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

Port and border controls

53 Port and border controls

(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 [1971 c. 77.] Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).

Part VI Miscellaneous

Terrorist offences

54 Weapons training

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

(a) firearms,

(b) explosives, or

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

(a) firearms,

(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 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.

(7) A court by or before which a person is convicted of an offence under this section may order the forfeiture of anything which the court considers to have been in the person's possession for purposes connected with the offence.

(8) Before making an order under subsection (7) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.

(9) An order under subsection (7) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

55 Weapons training: interpretation

In section 54--

"biological weapon" means anything to which section 1(1)(b) of the [1974 c. 6.] Biological Weapons Act 1974 applies,
"chemical weapon" has the meaning given by section 1 of the [1996 c. 6.] Chemical Weapons Act 1996, and
"nuclear weapon" means a weapon which contains nuclear material within the meaning of Article 1(a) and (b) of the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980 (set out in the Schedule to the [1983 c. 18.] Nuclear Material (Offences) Act 1983).

56 Directing terrorist organisation

(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.

57 Possession for terrorist purposes

(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 10 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.

58 Collection of information

(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, or

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

(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.

(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 10 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) A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).

(6) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.

(7) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

Inciting terrorism overseas

59 England and Wales

(1) A person commits an offence if--

(a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

(b) the act would, if committed in England and Wales, constitute one of the offences listed in subsection (2).

(2) Those offences are--

(a) murder,

(b) an offence under section 18 of the Offences against the [1861 c. 100.] Person Act 1861 (wounding with intent),

(d) an offence under section 28 or 29 of that Act (explosions), and

(e) an offence under section 1(2) of the [1971 c. 48.] Criminal Damage Act 1971 (endangering life by damaging property).

(3) A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites.

(4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

60 Northern Ireland

(1) A person commits an offence if--

(a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

(b) the act would, if committed in Northern Ireland, constitute one of the offences listed in subsection (2).

(2) Those offences are--

(a) murder,

(b) an offence under section 18 of the Offences against the [1861 c. 100.] Person Act 1861 (wounding with intent),

(d) an offence under section 28 or 29 of that Act (explosions), and

(e) an offence under Article 3(2) of the [S.I. 1977/426 (N.I. 4).] Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property).

(4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

61 Scotland

(1) A person commits an offence if--

(a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

(b) the act would, if committed in Scotland, constitute one of the offences listed in subsection (2).

(2) Those offences are--

(a) murder,

(b) assault to severe injury, and

(4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

Terrorist bombing and finance offences

62 Terrorist bombing: jurisdiction

(1) If--

(a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and

(b) his action would have constituted the commission of one of the offences listed in subsection (2) if it had been done in the United Kingdom,

he shall be guilty of the offence.

(2) The offences referred to in subsection (1)(b) are--

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