Terrorism Bill - continued        House of Lords
PART III, TERRORIST PROPERTY - continued
Offences - continued

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Cooperation with police.     21. - (1) A person does not commit an offence under any of sections 15 to 18 if he is acting with the express consent of a constable.
 
      (2) Subject to subsections (3) and (4), a person does not commit an offence under any of sections 15 to 18 by involvement in a transaction or arrangement relating to money or other property if he discloses to a constable-
 
 
    (a) his suspicion or belief that the money or other property is terrorist property, and
 
    (b) the information on which his suspicion or belief is based.
      (3) Subsection (2) applies only where a person makes a disclosure-
 
 
    (a) after he becomes concerned in the transaction concerned,
 
    (b) on his own initiative, and
 
    (c) as soon as is reasonably practicable.
      (4) Subsection (2) does not apply to a person if-
 
 
    (a) a constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and
 
    (b) he continues his involvement.
      (5) It is a defence for a person charged with an offence under any of sections 15(2) and (3) and 16 to 18 to prove that-
 
 
    (a) he intended to make a disclosure of the kind mentioned in subsections (2) and (3), and
 
    (b) there is reasonable excuse for his failure to do so.
      (6) Where-
 
 
    (a) a person is in employment, and
 
    (b) his employer has established a procedure for the making of disclosures of the same kind as may be made to a constable under subsection (2),
       this section shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.
 
      (7) A reference in this section to a transaction or arrangement relating to money or other property includes a reference to use or possession.
 
Penalties.     22. A person guilty of an offence under any of sections 15 to 18 shall be liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding 14 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.
Forfeiture.     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-
 
 
    (a) which, at the time of the offence, he had in his possession or under his control, and
 
    (b) which, at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.
      (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-
 
 
    (a) which, at the time of the offence, he had in his possession or under his control, and
 
    (b) which, at that time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
      (4) Where a person is convicted of an offence under section 17 the court may order the forfeiture of the money or other property-
 
 
    (a) to which the arrangement in question related, and
 
    (b) which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
      (5) 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.
 
      (6) 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.
 
      (7) Where a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this section, the court shall give him an opportunity to be heard before making an order.
 
      (8) A court in Scotland shall not make an order under this section except on the application of the prosecutor-
 
 
    (a) in proceedings on indictment, when he moves for sentence, and
 
    (b) in summary proceedings, before the court convicts the accused,
       and for the purposes of any appeal or review, an order under this section made by a court in Scotland is a sentence.
 
      (9) Schedule 4 (which makes further provision in relation to forfeiture orders under this section) shall have effect.
 
 
Seizure of terrorist cash
Interpretation.     24. - (1) In sections 25 to 31 "authorised officer" means any of the following-
 
 
    (a) a constable,
 
    (b) a customs officer, and
 
    (c) an immigration officer.
      (2) In sections 25 to 31 "cash" means-
 
 
    (a) coins and notes in any currency,
 
    (b) postal orders,
 
    (c) travellers' cheques,
 
    (d) bankers' drafts, and
 
    (e) such other kinds of monetary instrument as the Secretary of State may specify by order.
Seizure and detention.     25. - (1) An authorised officer may seize and detain any cash to which this section applies if he has reasonable grounds for suspecting that-
 
 
    (a) it is intended to be used for the purposes of terrorism,
 
    (b) it forms the whole or part of the resources of a proscribed organisation, or
 
    (c) it is terrorist property within the meaning given in section 14(1)(b) or (c).
      (2) In subsection (1)(b) the reference to an organisation's resources includes a reference to any cash which is applied or made available, or is to be applied or made available, for use by the organisation.
 
      (3) This section applies to cash which-
 
 
    (a) is being imported into or exported from the United Kingdom,
 
    (b) is being brought to any place in the United Kingdom for the purpose of being exported from the United Kingdom,
 
    (c) is being brought to Northern Ireland from Great Britain, or to Great Britain from Northern Ireland,
 
    (d) is being brought to any place in Northern Ireland for the purpose of being brought to Great Britain, or
 
    (e) is being brought to any place in Great Britain for the purpose of being brought to Northern Ireland.
      (4) Subject to subsection (5), cash seized under this section shall be released not later than the end of the period of 48 hours beginning with the time when it is seized.
 
      (5) Where an order is made under section 26 in relation to cash seized, it may be detained during the period specified in the order.
 
Continued detention.     26. - (1) An authorised officer or the Commissioners of Customs and Excise may apply to a magistrates' court for an order under this section in relation to cash seized under section 25.
 
      (2) An order under this section-
 
 
    (a) shall authorise the further detention under section 25 of the cash to which it relates for a period specified in the order,
 
    (b) shall specify a period which ends not later than the end of the period of three months beginning with the date of the order, and
 
    (c) shall require notice to be given to the person from whom the cash was seized and to any other person who is affected by and specified in the order.
      (3) An application for an order under this section may be granted only if the court is satisfied-
 
 
    (a) that there are reasonable grounds to suspect that the cash is cash of a kind mentioned in section 25(1)(a), (b) or (c), and
 
    (b) that the continued detention of the cash is justified pending completion of an investigation of its origin or derivation or pending a determination whether to institute criminal proceedings (whether in the United Kingdom or elsewhere) which relate to the cash.
      (4) More than one order may be made under this section in relation to particular cash; but cash shall not be detained by virtue of an order under this section after the end of the period of two years beginning with the date when the first order under this section was made in relation to it.
 
      (5) In Scotland, any application under this section shall be made by the procurator fiscal to the sheriff; and in this section a reference to a magistrates' court shall be taken as a reference to the sheriff.
 
Detained cash.     27. - (1) Cash detained under section 25 by virtue of an order under section 26 shall, unless required as evidence of an offence, be held in an interest bearing account; and the interest accruing on the cash shall be added to it on its release or forfeiture.
 
      (2) Any person may apply to a magistrates' court, or in Scotland to the sheriff, for a direction that cash detained under section 25 be released.
 
      (3) A magistrates' court or the sheriff shall grant an application under subsection (2) if satisfied-
 
 
    (a) that section 26(3)(a) or (b) no longer applies, or
 
    (b) that the detention of the cash is for any other reason no longer justified.
      (4) An authorised officer, or in Scotland the procurator fiscal, may release cash detained under section 25 if-
 
 
    (a) he is satisfied that its detention is no longer justified, and
 
    (b) he has notified the magistrates' court or sheriff who made the order by virtue of which the cash is being detained under section 25.
      (5) Cash detained under section 25 shall not be released under this section-
 
 
    (a) while proceedings on an application for its forfeiture under section 28 have not been concluded, or
 
    (b) while proceedings, whether in the United Kingdom or elsewhere, which relate to the cash have not been concluded.
Forfeiture.     28. - (1) An authorised officer or the Commissioners of Customs and Excise may apply to a magistrates' court, or in Scotland the procurator fiscal may apply to the sheriff, for an order forfeiting cash being detained under section 25.
 
      (2) A magistrates' court or the sheriff may grant an application only if satisfied on the balance of probabilities that the cash is cash of a kind mentioned in section 25(1)(a), (b) or (c).
 
      (3) Before making an order under this section, a magistrates' court or the sheriff must give an opportunity to be heard to any person-
 
 
    (a) who is not a party to the proceedings, and
 
    (b) who claims to be the owner of or otherwise interested in any of the cash which can be forfeited under this section.
      (4) An order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash is connected.
 
      (5) Proceedings on an application under this section to the sheriff shall be civil proceedings.
 
 
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Prepared 7 June 2000