Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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(a) shall be admissible in evidence in criminal or civil proceedings, and

(b) shall 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) In this section--

"criminal proceedings" includes proceedings in Northern Ireland before a court-martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the 1957 Act and proceedings in Northern Ireland before the Courts-Martial Appeal Court, and
"police officer" means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

102 Compensation

Schedule 12 (which provides for compensation to be paid for certain action taken under this Part) shall have effect.

103 Terrorist information

(1) A person commits an offence if--

(a) he collects, makes a record of, publishes, communicates or attempts to elicit information about a person to whom this section applies which is 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) This section applies to a person who is or has been--

(a) a constable,

(b) a member of Her Majesty's Forces,

(d) an officer of any court, or

(e) a full-time employee of the prison service in Northern Ireland.

(3) In this section "record" includes a photographic or electronic record.

(4) If it is proved in proceedings for an offence under subsection (1)(b) that a document or record--

(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 document or record, unless he proves that he did not know of its presence on the premises or that he had no control over it.

(5) 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.

(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 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.

(7) 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).

(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 (8) 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).

104 Police powers: records

The Chief Constable of the Royal Ulster Constabulary shall make arrangements for securing that a record is made of each exercise by a constable of a power under this Part in so far as--

(a) it is reasonably practicable to do so, and

(b) a record is not required to be made under another enactment.

105 Powers

A power conferred on a person by virtue of this Part--

(a) is additional to powers which he has at common law or by virtue of any other enactment, and

(b) shall not be taken to affect those powers or Her Majesty's prerogative.

106 Private security services

Schedule 13 (private security services) shall have effect.

Specified organisations

107 Specified organisations: interpretation

For the purposes of sections 108 to 111 an organisation is specified at a particular time if at that time--

(a) it is specified under section 3(8) of the [1998 c. 35.] Northern Ireland (Sentences) Act 1998, and

(b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.

108 Evidence

(1) This section applies where a person is charged with an offence under section 11.

(2) Subsection (3) applies where a police officer of at least the rank of superintendent states in oral evidence that in his opinion the accused--

(a) belongs to an organisation which is specified, or

(b) belonged to an organisation at a time when it was specified.

(3) Where this subsection applies--

(a) the statement shall be admissible as evidence of the matter stated, but

(b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the statement.

(4) In this section "police officer" means a member of--

(a) a police force within the meaning of the [1996 c. 16.] Police Act 1996 or the [1967 c. 77.] Police (Scotland) Act 1967, or

(b) the Royal Ulster Constabulary.

109 Inferences

(1) This section applies where a person is charged with an offence under section 11.

(2) Subsection (4) applies where evidence is given that--

(a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b) before being questioned the accused was permitted to consult a solicitor.

(3) Subsection (4) also applies where evidence is given that--

(a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b) before being charged or informed the accused was permitted to consult a solicitor.

(4) Where this subsection applies--

(a) the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

(b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.

(5) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

110 Sections 108 and 109: supplementary

(1) Nothing in section 108 or 109 shall--

(a) prejudice the admissibility of evidence admissible apart from that section,

(b) preclude the drawing of inferences which could be drawn apart from that section, or

(c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

(2) In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).

111 Forfeiture orders

(1) This section applies if--

(a) a person is convicted of an offence under section 11 or 12, and

(b) at the time of the offence he belonged to an organisation which was a specified organisation.

(2) The court by or before which the person is convicted may order the forfeiture of any money or other property if--

(a) he had it in his possession or under his control at the time of the offence, and

(b) it has been used in connection with the activities of the specified organisation or the court believes that it may be used in that connection unless it is forfeited.

(3) Before making an order under this section the 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 this section.

(4) A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfied shall be determined on the balance of probabilities.

(5) Schedule 4 shall apply (with the necessary modifications) in relation to orders under this section as it applies in relation to orders made under section 23.

Duration of Part VII

112 Expiry and revival

(1) This Part shall (subject to subsection (2)) cease to have effect at the end of the period of one year beginning with the day on which it is brought into force.

(2) The Secretary of State may by order provide--

(a) that a provision of this Part which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding twelve months;

(b) that a provision of this Part shall cease to have effect;

(c) that a provision of this Part which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months.

(3) An order under subsection (2) may make provision with respect to a provision of this Part--

(a) generally,

(b) only in so far as it concerns powers of members of Her Majesty's Forces, or

(4) This Part shall, by virtue of this subsection, cease to have effect at the end of the period of five years beginning with the day on which it is brought into force.

(5) The following provisions shall be treated for the purposes of this section as forming part of this Part of this Act--

(a) paragraphs 36 and 37 of Schedule 4, and

(b) paragraphs 19 to 21 of Schedule 5.

113 Transitional provisions

(1) Where a provision of sections 74 to 77 comes into force by virtue of an order under section 112(2), that shall not affect a trial on indictment where the indictment has been presented before the provision comes into force.

(2) Where a provision of sections 74 to 77 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the application of the provision to a trial on indictment where the indictment has been presented before the provision ceases to have effect.

(3) If when section 74(1) comes into force by virtue of an order under section 112(2) a person has been committed for trial for a scheduled offence and the indictment has not been presented, then on the coming into force of section 74(1) he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed--

(a) to the Crown Court sitting in Belfast, or

(b) where a direction is given under section 74(1) which affects the trial, to the Crown Court sitting at the place specified in the direction.

(4) Where section 74 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect--

(a) the committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or

(b) the committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,

in a case where the indictment has not been presented.

(5) Where section 79 or 80 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the operation of the section in relation to an offence committed while it, or a corresponding earlier enactment, was in force.

(6) Sections 108 and 109 shall not apply to a statement made or failure occurring before 4th September 1998.

(7) Where section 108 or 109 comes into force by virtue of an order under section 112(2) it shall not apply to a statement made or failure occurring while the section was not in force.

(8) Section 111 applies where an offence is committed on or after 4th September 1998; and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day shall be taken to be committed on the last of the days in the period.

(9) Paragraph 19 of Schedule 9 shall have effect only in relation to an offence alleged to have been committed after the coming into force of that Schedule.

Part VIII General

114 Police powers

(1) A power conferred by virtue of this Act on a constable--

(a) is additional to powers which he has at common law or by virtue of any other enactment, and

(b) shall not be taken to affect those powers.

(2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).

(3) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.

115 Officers' powers

Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.

116 Powers to stop and search

(1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.

(2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).

(3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.

(4) A person guilty of an offence under subsection (3) 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

117 Consent to prosecution

(1) This section applies to an offence under any provision of this Act other than an offence under--

(a) section 36,

(b) section 51,

(d) paragraph 12 of Schedule 12, or

(e) Schedule 13.

(2) Proceedings for an offence to which this section applies--

(a) shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and

(b) shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.

(3) Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom--

(a) subsection (2) shall not apply, and

(b) proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.

118 Defences

(1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.

(2) If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(3) Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court--

(a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or

(b) may accept a fact as sufficient evidence unless a particular matter is proved.

(4) If evidence is adduced which is sufficient to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.

(5) The provisions in respect of which subsections (2) and (4) apply are--

(a) sections 12(4), 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and

(b) sections 13, 32 and 33 of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.

119 Crown servants, regulators, &c

(1) The Secretary of State may make regulations providing for any of sections 15 to 23 and 39 to apply to persons in the public service of the Crown.

(2) The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.

(3) Regulations--

(a) may make different provision for different purposes,

(b) may make provision which is to apply only in specified circumstances, and

120 Evidence

(1) A document which purports to be--

(a) a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act, and

(b) signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Secretary of State.

(2) A document bearing a certificate which--

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that the document is a true copy of a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act,

shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.

(3) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.

(4) The [1868 c. 37.] Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.

121 Interpretation

In this Act--

"act" and "action" include omission,
"article" includes substance and any other thing,
"customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the [1979 c. 2.] Customs and Excise Management Act 1979,
"dwelling" means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling,
"explosive" means--
(a)
an article or substance manufactured for the purpose of producing a practical effect by explosion,
(b)
materials for making an article or substance within paragraph (a),
(c)
anything used or intended to be used for causing or assisting in causing an explosion, and
(d)
a part of anything within paragraph (a) or (c),
"firearm" includes an air gun or air pistol,
"immigration officer" means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the [1971 c. 77.] Immigration Act 1971,
"the Islands" means the Channel Islands and the Isle of Man,
"organisation" includes any association or combination of persons,
"premises" includes any place and in particular includes--
(a)
a vehicle,
(b)
an offshore installation within the meaning given in section 44 of the [1998 c. 17.] Petroleum Act 1998, and
(c)
a tent or moveable structure,
"property" includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,
"public place" means a place to which members of the public have or are permitted to have access, whether or not for payment,
"road" has the same meaning as in the [1988 c. 52.] Road Traffic Act 1988 (in relation to England and Wales), the [1984 c. 54.] Roads (Scotland) Act 1984 (in relation to Scotland) and the [S.I. 1997/276 (N.I. 2).] Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and
"vehicle", except in sections 48 to 52 and Schedule 7, includes an aircraft, hovercraft, train or vessel.

122 Index of defined expressions

In this Act the expressions listed below are defined by the provisions specified.

Expression	Interpretation provision
Act	Section 121
Action	Section 121
Action taken for the purposes of terrorism	Section 1(5)
Article	Section 121
Authorised officer	Section 24(1)
Cash	Section 24(2)
Cordoned area	Section 33
Customs officer	Section 121
Dwelling	Section 121
Examining officer	Schedule 7, paragraph 1
Explosive	Section 121
Firearm	Section 121
Immigration officer	Section 121
The Islands	Section 121
Organisation	Section 121
Premises	Section 121
Property	Section 121
Proscribed organisation	Section 3(1)
Public place	Section 121
Road	Section 121
Scheduled offence (in Part VII)	Section 65
Terrorism	Section 1
Terrorist (in Part V)	Section 40
Terrorist investigation	Section 32
Terrorist property	Section 14
Vehicle	Section 121
Vehicle (in sections 48 to 51)	Section 52

123 Orders and regulations

(1) An order or regulations made by the Secretary of State under this Act--

(a) shall be made by statutory instrument,

(b) may contain savings and transitional provisions, and

(2) Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament--

(a) section 4(3);

(b) section 24(2)(e);

(d) section 79(5);

(e) section 80(9);

(f) section 97(1) or (3);

(g) section 100(1)(b);

(h) section 119(1) or (2);

(i) paragraph 52(1)(a) or (b) of Schedule 4;

(j) paragraph 17(4) of Schedule 7;

(k) paragraph 3(1)(b) of Schedule 8;

(l) paragraph 19 of Schedule 8.

(3) In the cases of--

(a) the first order to be made under paragraph 17(4) of Schedule 7, and

(b) the first order to be made under paragraph 19 of Schedule 8,

the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).

(4) An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament--

(a) section 3(3);

(b) section 53(2);

(d) section 96;

(e) section 101(4);

(f) section 112(2);

(g) paragraph 2(2) of Schedule 1;

(h) paragraph 6(2) or 7(3) of Schedule 6;

(i) paragraph 16 of Schedule 7;

(j) paragraph 3(2) of Schedule 8;

(k) paragraph 4(4) of Schedule 8;

(l) paragraph 4(1)(e) of Schedule 14;

(m) paragraph 7(3) of Schedule 14.

(5) An order or regulations under a provision mentioned in subsection (4), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order--

(a) shall contain a declaration of the Secretary of State's opinion, and

(b) shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.

(6) For the purposes of subsection (5)--

(a) a code of practice or revised code to which an order relates shall cease to have effect together with the order,

(b) an order's ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and

(c) the period of 40 days shall be computed in accordance with section 7(1) of the [1946 c. 36.] Statutory Instruments Act 1946.

(7) An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.

(8) Subsection (1)(a) does not apply to an order made--

(a) under section 94,

(b) by virtue of paragraph 36 of Schedule 4, or

(9) Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.

124 Directions

A direction given under this Act may be varied or revoked by a further direction.

125 Amendments and repeals

(1) Schedule 15 (consequential amendments) shall have effect.

(2) The enactments listed in Schedule 16 are hereby repealed or revoked to the extent specified.

126 Report to Parliament

The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of this Act.

127 Money

The following shall be paid out of money provided by Parliament--

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