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Home > Human Rights & Humanitarian Law > Armed Conflict & the Law > What is Terrorism? > Terrorism: United Kingdom Law & Practise > UK Terrorism Act 2000 - Index > Parts 1 to V : Sections 1 to 53 > Parts VI to VII: Sections 54 to 119 > Part VIII: Sections 114 to 131 > Schedules 1 to 4 > Schedules 5 to 10 > Schedules 11 to end
UK Terrorism Act 2000
Parts 1 to V : Sections 1 to 53
An Act to make provision about terrorism; and to make temporary provision for Northern Ireland about the prosecution and punishment of certain offences, the preservation of peace and the maintenance of order. [20th July 2000]
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 I | |
INTRODUCTORY | |
Terrorism: interpretation. | 1. - (1) In this Act "terrorism" means the use or threat of action where- |
(a) the action falls within subsection (2), | |
(b) the use or threat is designed to influence the government or to intimidate 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 person committing the action, | |
(d) creates a serious risk to the health or safety of the public or a section of the public, or | |
(e) is designed seriously to interfere with or seriously to disrupt an electronic system. | |
(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. | |
(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 any person, or to property, wherever situated, | |
(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and | |
(d) "the government" means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom. | |
(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation. | |
Temporary legislation. | 2. - (1) The following shall cease to have effect- |
(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, and | |
(b) the Northern Ireland (Emergency Provisions) Act 1996. | |
(2) Schedule 1 (which preserves certain provisions of the 1996 Act, in some cases with amendment, for a transitional period) shall have effect. |
PART II | |
PROSCRIBED ORGANISATIONS | |
Procedure | |
Proscription. | 3. - (1) For the purposes of this Act an organisation is proscribed if- |
(a) it is listed in Schedule 2, or | |
(b) it operates under the same name as an organisation listed in that Schedule. | |
(2) Subsection (1)(b) shall not apply in relation to an organisation listed 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 concerned in terrorism. | |
(5) For the purposes of subsection (4) an organisation is concerned in terrorism 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 terrorism. | |
Deproscription: application. | 4. - (1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2. |
(2) An application may be made by- | |
(a) the organisation, or | |
(b) any person affected by the organisation's proscription. | |
(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section. | |
(4) The regulations shall, in particular- | |
(a) require the Secretary of State to determine an application within a specified period of time, and | |
(b) require an application to state the grounds on which it is made. | |
Deproscription: appeal. | 5. - (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission. |
(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission. | |
(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review. | |
(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection. | |
(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable- | |
(a) lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or | |
(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5). | |
(6) Schedule 3 (constitution of the Commission and procedure) shall have effect. | |
Further appeal. | 6. - (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to- |
(a) the Court of Appeal, if the first appeal was heard in England and 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 was heard in Northern Ireland. | |
(2) An appeal under subsection (1) may be brought only with the permission- | |
(a) of the Commission, or | |
(b) where the Commission refuses permission, of the court to which the appeal would be brought. | |
(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords). |
Appeal: effect on conviction, &c. | 7. - (1) This section applies where- | ||||||
(a) an appeal under section 5 has been allowed in respect of an organisation, | |||||||
(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)), | |||||||
(c) a person has been convicted of an offence in respect of the organisation 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 after the date of the refusal to deproscribe against which the appeal under section 5 was brought. | |||||||
(2) If the person mentioned in subsection (1)(c) was convicted on indictment- | |||||||
(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. | |||||||
(4) An appeal by virtue of subsection (2)- | |||||||
(a) must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and | |||||||
(b) shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (but does not require leave). | |||||||
(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates' 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 the conviction under section 111 of the Magistrates' Courts Act 1980 (case stated). | |||||||
(7) An appeal by virtue of subsection (5)- | |||||||
(a) must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and | |||||||
(b) shall be treated as an appeal under section 108(1)(b) of the Magistrates' Courts Act 1980. | |||||||
(8) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted- | |||||||
| |||||||
Section 7: Scotland and Northern Ireland. | 8. - (1) In the application of section 7 to Scotland- | ||||||
(a) for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary, | |||||||
(b) in subsection (2)(b), at the end insert "and quash the conviction", | |||||||
(c) in subsection (4)- | |||||||
(i) in paragraph (a), for "28 days" substitute "two weeks", and | |||||||
(ii) in paragraph (b), for "section 1 of the Criminal Appeal Act 1968" substitute "section 106 of the Criminal Procedure (Scotland) Act 1995", | |||||||
(d) in subsection (5)- | |||||||
(i) for "by a magistrates' court" substitute "in summary proceedings", and | |||||||
(ii) in paragraph (b), at the end insert "and quash the conviction", | |||||||
(e) in subsection (6), paragraph (c) is omitted, and | |||||||
(f) in subsection (7)- | |||||||
(i) in paragraph (a) for "21 days" substitute "two weeks", and | |||||||
(ii) for paragraph (b) substitute- | |||||||
| |||||||
(2) In the application of section 7 to Northern Ireland- | |||||||
(a) the reference in subsection (4) to section 1 of the Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the Criminal Appeal (Northern Ireland) Act 1980, | |||||||
(b) references in subsection (5) to the Crown Court shall be taken as references to the county court, | |||||||
(c) the reference in subsection (6) to section 111 of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981, and | |||||||
(d) the reference in subsection (7) to section 108(1)(b) of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the Magistrates' Courts (Northern Ireland) Order 1981. | |||||||
Human Rights Act 1998. | 9. - (1) This section applies where rules (within the meaning of section 7 of the Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission. | ||||||
(2) The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act- | |||||||
(a) section 5(4) and (5), | |||||||
(b) section 6, | |||||||
(c) section 7, and | |||||||
(d) paragraphs 4 to 8 of Schedule 3. | |||||||
(3) The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review. | |||||||
(4) In the application of the provisions mentioned in subsection (2)- | |||||||
(a) a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and | |||||||
(b) a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right. | |||||||
Immunity. | 10. - (1) The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 56- | ||||||
(a) evidence of anything done in relation to an application to the Secretary of State under section 4, | |||||||
(b) evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the Human Rights Act 1998, | |||||||
(c) evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and | |||||||
(d) any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c). | |||||||
(2) But subsection (1) does not prevent evidence from being adduced on behalf of the accused. | |||||||
Offences | |||||||
Membership. | 11. - (1) A person commits an offence if he belongs or professes to belong to a proscribed organisation. | ||||||
(2) It is a defence for a person charged with an offence under subsection (1) to prove- | |||||||
(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and | |||||||
(b) that he has not taken part in the activities of the organisation at any time while it was proscribed. | |||||||
(3) 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. | |||||||
(4) In subsection (2) "proscribed" means proscribed for the purposes of any of the following- | |||||||
(a) this Act; | |||||||
(b) the Northern Ireland (Emergency Provisions) Act 1996; | |||||||
(c) the Northern Ireland (Emergency Provisions) Act 1991; | |||||||
(d) the Prevention of Terrorism (Temporary Provisions) Act 1989; | |||||||
(e) the Prevention of Terrorism (Temporary Provisions) Act 1984; | |||||||
(f) the Northern Ireland (Emergency Provisions) Act 1978; | |||||||
(g) the Prevention of Terrorism (Temporary Provisions) Act 1976; | |||||||
(h) the Prevention of Terrorism (Temporary Provisions) Act 1974; | |||||||
(i) the Northern Ireland (Emergency Provisions) Act 1973. | |||||||
Support. | 12. - (1) A person commits an offence if- | ||||||
(a) he invites support for a proscribed organisation, and | |||||||
(b) the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15). | |||||||
(2) A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is- | |||||||
(a) to support a proscribed organisation, | |||||||
(b) to further the activities of a proscribed organisation, or | |||||||
(c) to be addressed by a person who belongs or professes to belong to a proscribed organisation. | |||||||
(3) A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities. | |||||||
(4) Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities. | |||||||
(5) In subsections (2) to (4)- | |||||||
(a) "meeting" means a meeting of three or more persons, whether or not the public are admitted, and | |||||||
(b) a meeting is private if the public are not admitted. | |||||||
(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. | |||||||
Uniform. | 13. - (1) A person in a public place commits an offence if he- | ||||||
(a) wears an item of clothing, or | |||||||
(b) wears, carries or displays an article, | |||||||
in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. | |||||||
(2) A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section. | |||||||
(3) 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 | |||||||
(c) both. |
PART III | |
TERRORIST PROPERTY | |
Interpretation | |
Terrorist property. | 14. - (1) In this Act "terrorist property" means- |
(a) money or other property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organisation), | |
(b) proceeds of the commission of acts of terrorism, and | |
(c) proceeds of acts carried out for the purposes of terrorism. | |
(2) In subsection (1)- | |
(a) a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission), and | |
(b) the reference to an organisation's resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation. | |
Offences | |
Fund-raising. | 15. - (1) A person commits an offence if he- |
(a) invites another to provide money or other property, and | |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. | |
(2) A person commits an offence if he- | |
(a) receives money or other property, and | |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. | |
(3) A person commits an offence if he- | |
(a) provides money or other property, and | |
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. | |
(4) In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration. | |
Use and possession. | 16. - (1) A person commits an offence if he uses money or other property for the purposes of terrorism. |
(2) A person commits an offence if he- | |
(a) possesses money or other property, and | |
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. | |
Funding arrangements. | 17. A person commits an offence if- |
(a) he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and | |
(b) he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. | |
Money laundering. | 18. - (1) A person commits an offence if he enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property- |
(a) by concealment, | |
(b) by removal from the jurisdiction, | |
(c) by transfer to nominees, or | |
(d) in any other way. | |
(2) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property. |
PART IV | |
TERRORIST INVESTIGATIONS | |
Interpretation | |
Terrorist investigation. | 32. In this Act "terrorist investigation" means an investigation of- |
(a) the commission, preparation or instigation of acts of terrorism, | |
(b) an act which appears to have been done for the purposes of terrorism, | |
(c) the resources of a proscribed organisation, | |
(d) the possibility of making an order under section 3(3), or | |
(e) the commission, preparation or instigation of an offence under this Act. |
PART V | |
COUNTER-TERRORIST POWERS | |
Suspected terrorists | |
Terrorist: interpretation. | 40. - (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. | |
Arrest without warrant. | 41. - (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. | |
Search of premises. | 42. - (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. | |
Search of persons. | 43. - (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 | |
Authorisations. | 44. - (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; | |
(c) a passenger in 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. | |
Exercise of power. | 45. - (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. |