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Session 2005 - 06
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Other Bills before Parliament

Terrorism Bill


Terrorism Bill
Part 1 — Offences

1

 

A

Bill

[AS AMENDED ON REPORT]

To

make provision for and about offences relating to conduct carried out, or

capable of being carried out, for purposes connected with terrorism; to amend

enactments relating to terrorism; to amend the Intelligence Services Act 1994

and the Regulation of Investigatory Powers Act 2000; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Offences

Encouragement etc. of terrorism

1       

Encouragement of terrorism

(1)   

This section applies to a statement that is likely to be understood by some or all

5

of the members of the public to whom it is published as a direct or indirect

encouragement or other inducement to them to the commission, preparation or

instigation of acts of terrorism or Convention offences.

(2)   

A person commits an offence if—

(a)   

he publishes a statement to which this section applies or causes another

10

to publish such a statement; and

(b)   

at the time he publishes it or causes it to be published, he—

(i)   

intends members of the public to be directly or indirectly

encouraged or otherwise induced by the statement to commit,

prepare or instigate acts of terrorism or Convention offences; or

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HL Bill 6954/1
 
 

Terrorism Bill
Part 1 — Offences

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(ii)   

is reckless as to whether members of the public will be directly

or indirectly encouraged or otherwise induced by the statement

to commit, prepare or instigate such acts or offences.

(3)   

For the purposes of this section, “indirect encouragement” comprises the

making of a statement describing terrorism in such a way that the listener

5

would infer that he should emulate it.

(4)   

For the purposes of this section the questions how a statement is likely to be

understood and what members of the public could reasonably be expected to

infer from it must be determined having regard both—

(a)   

to the contents of the statement as a whole; and

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(b)   

to the circumstances and manner of its publication.

(5)   

It is irrelevant for the purposes of subsections (1) to (3)—

(a)   

whether anything mentioned in those subsections relates to the

commission, preparation or instigation of one or more particular acts of

terrorism or Convention offences, of acts of terrorism or Convention

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offences of a particular description or of acts of terrorism or Convention

offences generally; and,

(b)   

whether any person is in fact encouraged or induced by the statement

to commit, prepare or instigate any such act or offence.

(6)   

In proceedings for an offence under this section against a person in whose case

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it is not proved that he intended the statement directly or indirectly to

encourage or otherwise induce the commission, preparation or instigation of

acts of terrorism or Convention offences, it is a defence for him to show—

(a)   

that the statement neither expressed his views nor had his endorsement

(whether by virtue of section 3 or otherwise); and

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(b)   

that it was clear, in all the circumstances of the statement’s publication,

that it did not express his views and (apart from the possibility of his

having been given and failed to comply with a notice under subsection

(3) of that section) did not have his endorsement.

(7)   

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

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(a)   

on conviction on indictment, to imprisonment for a term not exceeding

7 years or to a fine, or to both;

(b)   

on summary conviction in England and Wales, to imprisonment for a

term not exceeding 12 months or to a fine not exceeding the statutory

maximum, or to both;

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(c)   

on summary conviction in Scotland or Northern Ireland, to

imprisonment for a term not exceeding 6 months or to a fine not

exceeding the statutory maximum, or to both.

(8)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (7)(b) to 12

40

months is to be read as a reference to 6 months.

2       

Dissemination of terrorist publications

(1)   

A person commits an offence under this section if he disseminates a terrorist

publication and either—

(a)   

he does so with the intention of directly or indirectly encouraging or

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inducing the commission, preparation or instigation of acts of

 
 

Terrorism Bill
Part 1 — Offences

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terrorism, or of providing information with a view to its use in the

commission or preparation of such acts; or

(b)   

he is reckless as to whether the dissemination of that publication will

have such an effect.

(2)   

A person disseminates a terrorist publication if he—

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(a)   

distributes or circulates a terrorist publication;

(b)   

gives, sells or lends such a publication;

(c)   

offers such a publication for sale or loan;

(d)   

provides a service to others that enables them to obtain, read, listen to

or look at such a publication, or to acquire it by means of a gift, sale or

10

loan;

(e)   

transmits the contents of such a publication electronically; or

(f)   

has such a publication in his possession with a view to its becoming the

subject of conduct falling within any of paragraphs (a) to (e).

(3)   

For the purposes of this section a publication is a terrorist publication, in

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relation to conduct falling within subsection (2), if matter contained in it is

likely—

(a)   

to be understood, by some or all of the persons to whom it is or may

become available as a consequence of that conduct, as a direct or

indirect encouragement or other inducement to them to the

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commission, preparation or instigation of acts of terrorism; or

(b)   

to be useful in the commission or preparation of such acts and to be

understood, by some or all of those persons, as contained in the

publication, or made available to them, wholly or mainly for the

purpose of being so useful to them.

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(4)   

For the purposes of this section the question whether a publication is a terrorist

publication in relation to particular conduct must be determined—

(a)   

as at the time of that conduct; and

(b)   

having regard both to the contents of the publication as a whole and to

the circumstances in which that conduct occurs.

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(5)   

It is irrelevant for the purposes of this section whether anything mentioned in

subsections (1) to (3) is in relation to the commission, preparation or instigation

of one or more particular acts of terrorism, of acts of terrorism of a particular

description or of acts of terrorism generally.

(6)   

For the purposes of this section it is also irrelevant, in relation to matter

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contained in any article whether any person—

(a)   

is in fact encouraged or induced by that matter to commit, prepare or

instigate acts of terrorism; or

(b)   

in fact makes use of it in the commission or preparation of such acts.

(7)   

In proceedings for an offence under this section against a person in respect of

40

conduct to which subsection (8) applies, it is a defence for him to show—

(a)   

that the matter by reference to which the publication in question was a

terrorist publication neither expressed his views nor had his

endorsement (whether by virtue of section 3 or otherwise); and

(b)   

that it was clear, in all the circumstances of the conduct, that that matter

45

did not express his views and (apart from the possibility of his having

been given and failed to comply with a notice under subsection (3) of

that section) did not have his endorsement.

 
 

Terrorism Bill
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(8)   

This subsection applies to the conduct of a person to the extent that—

(a)   

the publication to which his conduct related contained matter by

reference to which it was a terrorist publication by virtue of subsection

(3)(a); and

(b)   

that person is not proved to have engaged in that conduct with the

5

intention of making that matter available as mentioned in subsection

(1B)(a).

(9)   

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

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

7 years or to a fine, or to both;

10

(b)   

on summary conviction in England and Wales, to imprisonment for a

term not exceeding 12 months or to a fine not exceeding the statutory

maximum, or to both;

(c)   

on summary conviction in Scotland or Northern Ireland, to

imprisonment for a term not exceeding 6 months or to a fine not

15

exceeding the statutory maximum, or to both.

(10)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(b) to 12

months is to be read as a reference to 6 months.

(11)   

In this section—

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“lend” includes let on hire, and “loan” is to be construed accordingly;

“publication” means an article or record of any description that contains

any of the following, or any combination of them—

(a)   

matter to be read;

(b)   

matter to be listened to;

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(c)   

matter to be looked at or watched.

3       

Application of ss. 1 and 2 to internet activity etc.

(1)   

This section applies for the purposes of sections 1 and 2 in relation to cases

where—

(a)   

a statement is published or caused to be published in the course of, or

30

in connection with, the provision or use of a service provided

electronically; or

(b)   

conduct falling within section 2(2) was in the course of, or in connection

with, the provision or use of such a service.

(2)   

The cases in which the statement, or the article or record to which the conduct

35

relates, is to be regarded as having the endorsement of a person (“the relevant

person”) at any time include a case in which—

(a)   

a constable has given him a notice under subsection (3);

(b)   

that time falls more than 2 working days after the day on which the

notice was given; and

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(c)   

the relevant person has failed, without reasonable excuse, to comply

with the notice.

(3)   

A notice under this subsection is a notice which—

(a)   

declares that, in the opinion of the constable giving it, the statement or

the article or record is unlawfully terrorism-related;

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Terrorism Bill
Part 1 — Offences

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(b)   

requires the relevant person to secure that the statement or the article

or record, so far as it is so related, is not available to the public or is

modified so as no longer to be so related;

(c)   

warns the relevant person that a failure to comply with the notice

within 2 working days will result in the statement, or the article or

5

record, being regarded as having his endorsement; and

(d)   

explains how, under subsection (4), he may become liable by virtue of

the notice if the statement, or the article or record, becomes available to

the public after he has complied with the notice.

(4)   

Where—

10

(a)   

a notice under subsection (3) has been given to the relevant person in

respect of a statement, or an article or record, and he has complied with

it, but

(b)   

he subsequently publishes or causes to be published a statement which

is, or is for all practical purposes, the same or to the same effect as the

15

statement to which the notice related, or to matter contained in the

article or record to which it related, (a “repeat statement”);

   

the requirements of subsection (2)(a) to (c) shall be regarded as satisfied in the

case of the repeat statement in relation to the times of its subsequent

publication by the relevant person.

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(5)   

In proceedings against a person for an offence under section 1 or 2 the

requirements of subsection (2)(a) to (c) are not, in his case, to be regarded as

satisfied in relation to any time by virtue of subsection (4) if he shows that he—

(a)   

has, before that time, taken every step he reasonably could to prevent a

repeat statement from becoming available to the public and to ascertain

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whether it does; and

(b)   

was, at that time, a person to whom subsection (6) applied.

(6)   

This subsection applies to a person at any time when he—

(a)   

is not aware of the publication of the repeat statement; or

(b)   

having become aware of its publication, has taken every step that he

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reasonably could to secure that it either ceased to be available to the

public or was modified as mentioned in subsection (3)(b).

(7)   

For the purposes of this section a statement or an article or record is unlawfully

terrorism-related if it constitutes, or if matter contained in the article or record

constitutes—

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(a)   

something that is capable of being understood as a direct or indirect

encouragement or other inducement to the commission, preparation or

instigation of acts of terrorism or Convention offences; or

(b)   

information which—

(i)   

is capable of being useful in the commission or preparation of

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such acts; and

(ii)   

is in a form or context in which it is capable of being understood

as being wholly or mainly for the purpose of being so useful.

(8)   

In this section “working day” means any day other than—

(a)   

a Saturday or a Sunday;

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(b)   

Christmas Day or Good Friday; or

(c)   

a day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in any part of the United Kingdom.

 
 

 
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