Counter-Terrorism Act 2008

• Citation: 2008 c. 28
• Sections: 231

Section 1 Power to remove documents for examination

(1) This section applies to a search under any of the following provisions—

(a) section 43(1) of the Terrorism Act 2000 (c. 11) (search of suspected terrorist);

(b) section 43(2) of that Act (search of person arrested under section 41 on suspicion of being a terrorist);

(ba) section 43(4B) of that Act (search of vehicle in relation to suspected terrorist);

(bb) section 43A of that Act (search of vehicle suspected of being used for the purposes of terrorism);

(bc) section 43C(1) of that Act (search of terrorist offender released on licence);

(bd) section 43C(5) of that Act (search of vehicle in connection with search of terrorist offender released on licence);

(be) section 43D of that Act (search of premises of offender released on licence for purposes connected with protection from risk of terrorism);

(c) paragraph 1, 3, 11, 15, 28 or 31 of Schedule 5 to that Act (terrorist investigations);

(d) section 52(1) or (3)(b) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (search for evidence of commission of weapons-related offences);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) section 28 of the Terrorism Act 2006 (c. 11) (search for terrorist publications).

(g) paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011.

(2) A constable who carries out a search to which this section applies may, for the purpose of ascertaining whether a document is one that may be seized, remove the document to another place for examination and retain it there until the examination is completed.

(3) Where a constable carrying out a search to which this section applies has power to remove a document by virtue of this section, and the document—

(a) consists of information that is stored in electronic form, and

(b) is accessible from the premises being searched,

the constable may require the document to be produced in a form in which it can be taken away, and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(4) A constable has the same powers of seizure in relation to a document removed under this section as the constable would have if it had not been removed (and if anything discovered on examination after removal had been discovered without it having been removed).

Section 2 Offence of obstruction

(1) A person who wilfully obstructs a constable in the exercise of the power conferred by section 1 commits an offence.

(2) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale, or both;

(b) in Scotland, to imprisonment for a term not exceeding twelve months or a fine not exceeding level 5 on the standard scale, or both;

(c) in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

(3) In subsection (2)(a) as it applies in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, for “51 weeks” substitute “ six months ” .

Section 3 Items subject to legal privilege

(1) Section 1 does not authorise a constable to remove a document if the constable has reasonable cause to believe—

(a) it is an item subject to legal privilege, or

(b) it has an item subject to legal privilege comprised in it.

(2) Subsection (1)(b) does not prevent the removal of a document if it is not reasonably practicable for the item subject to legal privilege to be separated from the rest of the document without prejudicing any use of the rest of the document that would be lawful if it were subsequently seized.

(3) If, after a document has been removed under section 1, it is discovered that—

(a) it is an item subject to legal privilege, or

(b) it has an item subject to legal privilege comprised in it,

the document must be returned forthwith.

(4) Subsection (3)(b) does not require the return of a document if it is not reasonably practicable for the item subject to legal privilege to be separated from the rest of the document without prejudicing any use of the rest of the document that would be lawful if it were subsequently seized.

(5) Where an item subject to legal privilege is removed under subsection (2) or retained under subsection (4), it must not be examined or put to any other use except to the extent necessary for facilitating the examination of the rest of the document.

(6) For the purposes of this section “item subject to legal privilege”—

(a) in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60);

(b) in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29);

(c) in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)).

Section 4 Record of removal

(1) A constable who removes a document under section 1 must make a written record of the removal.

(2) The record must be made as soon as is reasonably practicable and in any event within the period of 24 hours beginning with the time when the document was removed.

(3) The record must—

(a) describe the document,

(b) specify the object of the removal,

(c) where the document was found in the course of a search of a person, state the person's name (if known),

(d) where the document was found in the course of a search of any premises, state the address of the premises where the document was found,

(e) where the document was found in the course of a search of any premises, state the name (if known) of—

(i) any person who, when the record is made, appears to the constable to have been the occupier of the premises when the document was found, and

(ii) any person who, when the record is made, appears to the constable to have had custody or control of the document when it was found, and

(f) state the date and time when the document was removed.

(4) If, in a case where the document was found in the course of a search of a person, the constable does not know the person's name, the record must include a description of the person.

(5) If, in a case where the document was found in the course of a search of any premises, the constable does not know the name of a person mentioned in subsection (3)(e) but is able to provide a description of that person, the record must include such a description.

(6) The record must identify the constable by reference to the constable's police number.

(7) The following are entitled, on a request made to the constable, to a copy of the record made under this section—

(a) where the document was found in the course of a search of a person, that person; and

(b) where the document was found in the course of a search of any premises—

(i) the occupier of the premises when it was found, and

(ii) any person who had custody or control of the document when it was found.

(8) The constable must provide the copy within a reasonable time from the making of the request.

(9) If, in England and Wales or Northern Ireland, the document is found in the course of a search under a warrant, the constable must make an endorsement on the warrant stating that the document has been removed under section 1.

(10) In the application of this section in relation to the search of a vehicle, the reference to the address of the premises is to the location of the vehicle together with its registration number (if any).

Section 5 Retention of documents

(1) A document may not be retained by virtue of section 1 for more than 48 hours without further authorisation.

(2) A constable of at least the rank of chief inspector may authorise the retention of the document for a further period or periods if satisfied that—

(a) the examination of the document is being carried out expeditiously, and

(b) it is necessary to continue the examination for the purpose of ascertaining whether the document is one that may be seized.

(3) This does not permit the retention of a document after the end of the period of 96 hours beginning with the time when it was removed for examination.

Section 6 Access to documents

(1) Where—

(a) a document is retained by virtue of section 5, and

(b) a request for access to the document is made to the officer in charge of the investigation by a person within subsection (3),

the officer must grant that person access to the document, under the supervision of a constable, subject to subsection (4).

(2) Where—

(a) a document is retained by virtue of section 5, and

(b) a request for a copy of the document is made to the officer in charge of the investigation by a person within subsection (3),

that person must be provided with a copy of the document within a reasonable time from the making of the request, subject to subsection (4).

(3) The persons entitled to make a request under subsection (1) or (2) are—

(a) where the document was found in the course of a search of a person, that person,

(b) where the document was found in the course of a search of any premises—

(i) the occupier of the premises when it was found, and

(ii) any person who had custody or control of the document when it was found, and

(c) a person acting on behalf of a person within paragraph (a) or (b).

(4) The officer in charge of the investigation may refuse access to the document, or (as the case may be) refuse to provide a copy of it, if the officer has reasonable grounds for believing that to do so—

(a) would prejudice any investigation for the purposes of which—

(i) the original search was carried out, or

(ii) the document was removed or is being retained,

(b) would prejudice the investigation of any offence,

(c) would prejudice any criminal proceedings that may be brought as the result of an investigation within paragraph (a) or (b), or

(d) would facilitate the commission of an offence.

(5) In this section—

“ the officer in charge of the investigation ” means the officer in charge of the investigation for the purposes of which the document is being retained; and

“ the original search ” means the search in the course of which the document was removed.

Section 7 Photographing and copying of documents

(1) Where a document is removed under section 1 it must not be photographed or copied, except that—

(a) a document may be copied for the purpose of providing a copy in response to a request under section 6(2), and

(b) a document consisting of information stored in electronic form may be copied for the purpose of producing it in a visible and legible form.

(2) Where the original document is returned, any copy under subsection (1)(b) must—

(a) in the case of a copy in electronic form, be destroyed or made inaccessible as soon as is reasonably practicable, and

(b) in any other case, be returned at the same time as the original document is returned.

(3) The following are entitled, on a request made to the relevant chief officer of police, to a certificate that subsection (2) has been complied with—

(a) where the document was found in the course of a search of a person, that person;

(b) where the document was found in the course of a search of any premises—

(i) the occupier of the premises when it was found, and

(ii) any person who had custody or control of the document when it was found.

(4) The certificate must be issued by the relevant chief officer of police, or a person authorised by or on behalf of that chief officer, not later than the end of the period of three months beginning with the day on which the request is made.

(5) For this purpose the relevant chief officer of police is—

(a) where the search was carried out in England or Wales, the chief officer of police in whose area the search was carried out;

(b) where the search was carried out in Scotland, the chief constable of the Police Service of Scotland ;

(c) where the search was carried out in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

Section 8 Return of documents

(1) Where a document removed under section 1 is required to be returned, it must be returned—

(a) where the document was found in the course of a search of a person, to that person;

(b) where the document was found in the course of a search of any premises, to the occupier of the premises when it was found.

(2) Subsection (1) does not apply where a person who is required to return the document is satisfied that another person has a better right to it; and in such a case it must be returned—

(a) to that other person, or

(b) to whoever appears to the person required to return the document to have the best right to it.

(3) Where different persons claim to be entitled to the return of the document, it may be retained for as long as is reasonably necessary for the determination of the person to whom it must be returned.

(4) This section also applies in relation to a copy of a document that is required to be returned at the same time as the original; and in such a case references to the document in paragraphs (a) and (b) of subsection (1) are to the original.

Section 9 Power to remove documents: supplementary provisions

(1) In sections 1 to 8 “ document ” includes any record and, in particular, includes information stored in electronic form.

(2) In the application of those sections to a search under 52(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for references to a constable substitute references to an authorised officer within the meaning of that section.

(3) In the application of those sections in relation to the search of a vehicle references to the occupier of the premises are to the person in charge of the vehicle.

Section 10 Power to take fingerprints and samples: England and Wales

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Section 11 Power to take fingerprints and samples: Scotland

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Section 12 Power to take fingerprints and samples: Northern Ireland

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Section 13 Power to take fingerprints and samples: transitional provision

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Section 14 Material subject to the Police and Criminal Evidence Act 1984

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) In section 63A(1) (fingerprints, impressions of footwear and samples: what they may be checked against), for paragraphs (a) and (b) substitute—

(a) other fingerprints, impressions of footwear or samples—

(i) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or are held in connection with or as a result of an investigation of an offence, or

(ii) which are held by or on behalf of the Security Service or the Secret Intelligence Service;

(b) information derived from other samples—

(i) which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or

(ii) which is held by or on behalf of the Security Service or the Secret Intelligence Service.

(3) In section 63A(1ZA) (fingerprints from a person whose identity is unclear: what they may be checked against), for the words from “other fingerprints” to the end, substitute

other fingerprints—

(a) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence, or

(b) which are held by or on behalf of the Security Service or the Secret Intelligence Service.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 15 Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.

(2) In Article 63A(1) (fingerprints and samples: what they may be checked against), for paragraphs (a) and (b), substitute—

(a) other fingerprints, impressions of footwear or samples—

(i) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or are held in connection with or as a result of an investigation of an offence, or

(ii) which are held by or on behalf of the Security Service or the Secret Intelligence Service;

(b) information derived from other samples—

(i) which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or

(ii) which is held by or on behalf of the Security Service or the Secret Intelligence Service.

(3) In Article 63A(1ZA) (fingerprints from a person whose identity is unclear: what they may be checked against), for “other fingerprints” to the end, substitute

other fingerprints—

(a) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence, or

(b) which are held by or on behalf of the Security Service or the Secret Intelligence Service.

(4) In Article 64(1A) (purposes for which fingerprints or samples may be retained and used), for the words from “except for purposes” to the end substitute “ except as described in paragraph (1AB) ” .

(5) After paragraph (1AA) of that Article (inserted by section 12) insert—

(1AB) The fingerprints, impressions of footwear or samples may be used—

(a) in the interests of national security,

(b) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(c) for purposes related to the identification of a deceased person or of the person from whom the material came.

(6) In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert “ or (1AB) ” .

Section 16 Material subject to the Terrorism Act 2000: England and Wales and Northern Ireland

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Section 17 Material subject to the Terrorism Act 2000: Scotland

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Section 18 Destruction of national security material not subject to existing statutory restrictions

(1) This section applies to fingerprints, DNA samples and DNA profiles that—

(a) are held for the purposes of national security by a law enforcement authority under the law of England and Wales or Northern Ireland, and

(b) are not held subject to existing statutory restrictions.

(2) Material to which this section applies (“section 18 material”) must be destroyed if it appears to the responsible officer that the condition in subsection (3) is not met.

(3) The condition is that the material has been—

(a) obtained by the law enforcement authority pursuant to an authorisation under Part 3 of the Police Act 1997 (authorisation of action in respect of property),

(b) obtained by the law enforcement authority in the course of surveillance, or use of a covert human intelligence source, authorised under Part 2 of the Regulation of Investigatory Powers Act 2000,

(c) supplied to the law enforcement authority by another law enforcement authority, or

(d) otherwise lawfully obtained or acquired by the law enforcement authority for any of the purposes mentioned in section 18D(1).

(4) In any other case, section 18 material must be destroyed unless it is retained by the law enforcement authority under any power conferred by section 18A , 18AA or 18B, but this is subject to subsection (5).

(5) A DNA sample to which this section applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the date on which it was taken.

(6) Section 18 material which ceases to be retained under a power mentioned in subsection (4) may continue to be retained under any other such power which applies to it.

(7) Nothing in this section prevents section 18 material from being checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority within such time as may reasonably be required for the check, if the responsible officer considers the check to be desirable.

(8) For the purposes of subsection (1), the following are “existing statutory restrictions”—

(a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971;

(b) sections 22, 63A and 63D to 63U of the Police and Criminal Evidence Act 1984 and any corresponding provision in an order under section 113 of that Act;

(c) Articles 24, 63A and 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12));

(d) section 2(2) of the Security Service Act 1989;

(e) section 2(2) of the Intelligence Services Act 1994;

(f) paragraphs 20(3) and 20A to 20J of Schedule 8 to the Terrorism Act 2000;

(g) section 56 of the Criminal Justice and Police Act 2001;

(h) paragraph 8 of Schedule 4 to the International Criminal Court Act 2001;

(i) sections 73, 83, 87, 88 and 89 of the Armed Forces Act 2006 and any provision relating to the retention of material in an order made under section 74, 93 or 323 of that Act;

(j) paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011;

(k) paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(l) Part 4 of Schedule 6 to the National Security Act 2023;

(m) paragraphs 5 to 15 of Schedule 12 to that Act.

Section 18A Retention of material: general

(1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsections (4) to (9) .

(2) The retention period is—

(a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and

(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence or recordable-equivalent offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely.

(4) Section 18 material which is not a DNA sample may be retained indefinitely if—

(a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates (a “pseudonymised form”) , and

(b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates.

(5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if—

(a) the law enforcement authority comes to know the identity of the person to whom the material relates, and

(b) the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6).

(6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority.

(7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if—

(a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority,

(b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates,

(c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and

(d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.

(8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7) , if—

(a) the law enforcement authority ceases to hold the material in a pseudonymised form, and

(b) the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9) .

(9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.

Section 18B Retention for purposes of national security

(1) Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer , or by a chief officer of police, has effect in relation to it.

(2) A national security determination is made if the responsible officer , or a chief officer of police, determines that it is necessary for any such section 18 material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and

(c) may be renewed.

(4) In this section “ chief officer of police ” means a person other than the responsible officer who is—

(a) the chief officer of police of a police force in England and Wales, or

(b) the Chief Constable of the Police Service of Northern Ireland.

Section 18C Destruction of copies

(1) If fingerprints are required by section 18 to be destroyed, any copies of the fingerprints held by the law enforcement authority concerned must also be destroyed.

(2) If a DNA profile is required by that section to be destroyed, no copy may be retained by the law enforcement authority concerned except in a form which does not include information which identifies the person to whom the DNA profile relates.

Section 18D Use of retained material

(1) Section 18 material must not be used other than—

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation,

(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2) Subject to subsection (1), section 18 material may be checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority or the Scottish Police Authority if the responsible officer considers the check to be desirable.

(3) Material which is required by section 18 to be destroyed must not at any time after it is required to be destroyed be used—

(a) in evidence against the person to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(4) In this section—

(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Section 18E Sections 18 to 18E: supplementary provisions

(1) In sections 18 to 18D and this section—

“ DNA profile ” means any information derived from a DNA sample;

“ DNA sample ” means any material that has come from a human body and consists of or includes human cells;

“ fingerprints ” means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of a person's fingers or either of a person's palms;

“ law enforcement authority ” means—

a police force,

the tri-service serious crime unit,

the National Crime Agency ,

the Commissioners for Her Majesty's Revenue and Customs, or

an overseas law enforcement authority;

“ overseas law enforcement authority ” means a person formed or existing under the law of a country or territory outside the United Kingdom so far as exercising functions which—

correspond to those of a police force, or

otherwise involve the investigation or prosecution of offences;

“ police force ” means any of the following—

the metropolitan police force;

a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

the City of London police force;

the Police Service of Scotland;

the Police Service of Northern Ireland;

the Police Service of Northern Ireland Reserve;

the Ministry of Defence Police;

the Royal Navy Police;

the Royal Military Police;

the Royal Air Force Police;

the British Transport Police;

“recordable offence” has—

in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12));

“ recordable-equivalent offence ” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a recordable offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted);

“ the responsible officer ” means—

in relation to material obtained or acquired by a police force in England and Wales, the chief officer of the police force;

in relation to material obtained or acquired by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland;

in relation to material obtained or acquired by the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;

in relation to material obtained or acquired by the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, the Provost Marshal for the police force which obtained or acquired the material;

in relation to material obtained or acquired by the tri-service serious crime unit, the Provost Marshal for serious crime;

in relation to material obtained or acquired by the British Transport Police, the Chief Constable of the British Transport Police;

in relation to material obtained or acquired by the National Crime Agency , the Director General of the National Crime Agency ;

in relation to material obtained or acquired by the Commissioners for Her Majesty's Revenue and Customs, any of those Commissioners;

in relation to any other material, such person as the Secretary of State may by order specify;

“ section 18 material ” has the meaning given by section 18(2);

“ terrorist investigation ” has the meaning given by section 32 of the Terrorism Act 2000.

“ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006.

(2) An order under subsection (1) is subject to negative resolution procedure.

(3) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in England and Wales or Northern Ireland if the person—

(a) has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

(b) has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

(c) has been found not guilty of the offence by reason of insanity, or

(d) has been found to be under a disability and to have done the act charged in respect of the offence.

(4) Sections 18A and this section, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

(5) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

(5A) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in a country or territory outside England and Wales and Northern Ireland if, in respect of such an offence, a court exercising jurisdiction under the law of that country or territory has made a finding equivalent to—

(a) a finding that the person is not guilty by reason of insanity, or

(b) a finding that the person is under a disability and did the act charged against the person in respect of the offence.

(6) For the purposes of section 18A—

(a) a person has no previous convictions if the person has not previously been convicted —

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in a country or territory outside England and Wales and Northern Ireland, of a recordable-equivalent offence, and

(b) if the person has been previously so convicted ... , the conviction is exempt if it is in respect of an offence, other than a qualifying offence or qualifying-equivalent offence , committed when the person was aged under 18.

(7) In this section , “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)).

(7A) In subsection (6), “ qualifying-equivalent offence ” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a qualifying offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted).

(8) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under section 18A whether the person has been convicted of only one offence.

Section 18AA Retention of material from INTERPOL

(1) This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.

(2) The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn.

(3) If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn.

(4) In this section—

“ INTERPOL ” means the organisation called the International Criminal Police Organization - INTERPOL;

“ the National Central Bureau ” means the body appointed for the time being in accordance with INTERPOL’s constitution to serve as the United Kingdom’s National Central Bureau.

(5) The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.

Section 18AB Retention of material from INTERPOL: supplementary

(1) The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of—

(a) changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”),

(b) changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or

(c) changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.

(2) Regulations under this section are subject to affirmative resolution procedure.

Section 18BA Retention of further fingerprints

(1) This section applies where section 18 material is or includes a person's fingerprints (“the original fingerprints”).

(2) An appropriate officer may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are section 18 material, or

(b) are taken under—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(iv) paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(4) Condition 2 is met if both the original fingerprints and the further fingerprints—

(a) are held by a law enforcement authority under the law of England and Wales, or

(b) are held by a law enforcement authority under the law of Northern Ireland.

(5) Where a determination under this section is made in respect of the further fingerprints—

(a) the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by section 18A , 18AA or 18B, and

(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6) Subsection (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7) A written record must be made of a determination under this section.

(8) In this section—

“ appropriate officer ” means—

a constable, or

an officer of Revenue and Customs who is not below such grade as is designated for the purposes of this section by the Commissioners for Her Majesty's Revenue and Customers;

“ enactment ” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

Section 19 Disclosure and the intelligence services

(1) A person may disclose information to any of the intelligence services for the purposes of the exercise by that service of any of its functions.

(2) Information obtained by any of the intelligence services in connection with the exercise of any of its functions may be used by that service in connection with the exercise of any of its other functions.

(3) Information obtained by the Security Service for the purposes of any of its functions may be disclosed by it—

(a) for the purpose of the proper discharge of its functions,

(b) for the purpose of the prevention or detection of serious crime, or

(c) for the purpose of any criminal proceedings.

(4) Information obtained by the Secret Intelligence Service for the purposes of any of its functions may be disclosed by it—

(a) for the purpose of the proper discharge of its functions,

(b) in the interests of national security,

(c) for the purpose of the prevention or detection of serious crime, or

(d) for the purpose of any criminal proceedings.

(5) Information obtained by GCHQ for the purposes of any of its functions may be disclosed by it—

(a) for the purpose of the proper discharge of its functions, or

(b) for the purpose of any criminal proceedings.

(6) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(7) The provisions of this section are subject to section 20 (savings and other supplementary provisions).

Section 20 Disclosure and the intelligence services: supplementary provisions

(1) The provisions of section 19 (disclosure and use of information) do not affect the duties with respect to the obtaining or disclosure of information imposed—

(a) on the Director-General of the Security Service, by section 2(2) of the Security Service Act 1989;

(b) on the Chief of the Intelligence Service, by section 2(2) of the Intelligence Services Act 1994;

(c) on the Director of GCHQ, by section 4(2) of that Act.

(2) Nothing in that section authorises a disclosure that—

(a) contravenes the data protection legislation , or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .

(3) The provisions of that section are without prejudice to any rule of law authorising the obtaining, use or disclosure of information by any of the intelligence services.

(4) Schedule 1 contains amendments consequential on that section.

(5) In this section, “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Section 21 Disclosure and the intelligence services: interpretation

(1) In sections 19 and 20 “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ.

(2) References in section 19 to the functions of those services are—

(a) in the case of the Security Service, to the functions specified in section 1(2) to (4) of the Security Service Act 1989 (c. 5);

(b) in the case of the Secret Intelligence Service, to the functions specified in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13), exercised in accordance with section 1(2) of that Act;

(c) in the case of GCHQ—

(i) to the functions specified in section 3(1)(a) of that Act, exercised in accordance with section 3(2) of that Act, and

(ii) to the functions specified in section 3(1)(b) of that Act.

(3) In sections 19, 20 and this section “ GCHQ ” has the same meaning as in the Intelligence Services Act 1994 (see section 3(3) of that Act).

(4) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “ prevention ” and “ detection ”), so far as it relates to serious crime, applies for the purposes of section 19 as it applies for the purposes of the provisions of that Act not contained in Chapter 1 of Part 1.

Section 22 Post-charge questioning: England and Wales

(1) The following provisions apply in England and Wales.

(2) A judge of the Crown Court may authorise the questioning of a person about an offence—

(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or

(b) after the person has been sent for trial for the offence,

if the offence is a terrorism offence or it appears to the judge that the offence has a terrorist connection.

(3) The judge—

(a) must specify the period during which questioning is authorised, and

(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.

(4) The period during which questioning is authorised—

(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and

(b) must not exceed 48 hours.

This is without prejudice to any application for a further authorisation under this section.

(5) Where the person is in prison or otherwise lawfully detained, the judge may authorise the person's removal to another place and detention there for the purpose of being questioned.

(6) A judge must not authorise the questioning of a person under this section unless satisfied—

(a) that further questioning of the person is necessary in the interests of justice,

(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and

(c) that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.

(7) Codes of practice under section 66 of the Police and Criminal Evidence Act 1984 (c. 60) must make provision about the questioning of a person by a constable in accordance with this section.

(8) Nothing in this section prevents codes of practice under that section making other provision for the questioning of a person by a constable about an offence—

(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or

(b) after the person has been sent for trial for the offence.

(9) In section 34(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (effect of accused's failure to mention facts when questioned or charged: circumstances in which the section applies) after paragraph (b) insert—

; or

(c) at any time after being charged with the offence, on being questioned under section 22 of the Counter-Terrorism Act 2008 (post-charge questioning), failed to mention any such fact,

(10) Nothing in section 36 or 37 of that Act (effect of accused's failure or refusal to account for certain matters) is to be read as excluding the operation of those sections in relation to a request made in the course of questioning under this section.

Section 23 Post-charge questioning: Scotland

(1) The following provisions apply in Scotland.

(2) On the application of the prosecutor, a sheriff may authorise the questioning of a person about an offence—

(a) after the person has been charged with the offence, or

(b) after the person has appeared on petition in respect of the offence,

if the offence is a terrorism offence or it appears to the sheriff that the offence has a terrorist connection.

(3) The sheriff—

(a) must specify the period during which questioning is authorised, and

(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.

(4) The period during which questioning is authorised—

(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and

(b) must not exceed 48 hours.

This is without prejudice to any application for a further authorisation under this section.

(5) Where the person is in prison or otherwise lawfully detained, the sheriff may authorise the person's removal to another place and detention there for the purpose of being questioned.

(6) A sheriff must not authorise the questioning of a person under this section unless satisfied—

(a) that further questioning of the person is necessary in the interests of justice,

(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and

(c) that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.

(7) Evidence of any statement obtained from a person as a result of questioning under this section is not inadmissible solely because the questioning occurred after the person had been charged (or had appeared on petition).

(8) In this section “ charged ” means charged by the police.

Section 24 Post-charge questioning: Northern Ireland

(1) The following provisions apply in Northern Ireland.

(2) A district judge (magistrates' courts) may authorise the questioning of a person about an offence—

(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or

(b) after the person has been committed for trial for the offence,

if the offence is a terrorism offence.

(3) The judge—

(a) must specify the period during which questioning is authorised, and

(b) may impose such conditions as appear to the judge to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.

(4) The period during which questioning is authorised—

(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and

(b) must not exceed 48 hours.

This is without prejudice to any application for a further authorisation under this section.

(5) Where the person is in prison or otherwise lawfully detained, the judge may authorise the person's removal to another place and detention there for the purpose of being questioned.

(6) A district judge (magistrates' courts) must not authorise the questioning of a person under this section unless satisfied—

(a) that further questioning of the person is necessary in the interests of justice,

(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and

(c) that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.

(7) Codes of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) must make provision about the questioning of a person by a constable in accordance with this section.

(8) Nothing in this section prevents codes of practice under that Article making other provision for the questioning of a person by a constable about an offence—

(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or

(b) after the person has been committed for trial for the offence.

(9) In Article 3(1) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) (effect of accused's failure to mention facts when questioned or charged: circumstances in which the article applies) after sub-paragraph (b) insert—

; or

(c) at any time after being charged with the offence, on being questioned under section 24 of the Counter-Terrorism Act 2008 (post-charge questioning), failed to mention any such fact,

(10) Nothing in Article 5 or 6 of that Order (effect of accused's failure or refusal to account for certain matters) is to be read as excluding the operation of those Articles in relation to a request made in the course of questioning under this section.

Section 25 Recording of interviews

(1) This section applies to any interview of a person by a constable under section 22, 23 or 24 (post-charge questioning).

(2) Any such interview must be video recorded, and the video recording must be with sound.

(3) The Secretary of State must issue a code of practice about the video recording of interviews to which this section applies.

(4) The interview and video recording must be conducted in accordance with that code of practice.

(5) A code of practice under this section—

(a) may make provision in relation to a particular part of the United Kingdom, and

(b) may make different provision for different parts of the United Kingdom.

Section 26 Issue and revision of code of practice

(1) This section applies to the code of practice under section 25 (recording of interviews).

(2) The Secretary of State must—

(a) publish a draft of the proposed code, and

(b) consider any representations made about the draft,

and may modify the draft in the light of the representations made.

(3) The Secretary of State must lay a draft of the code before Parliament.

(4) After laying the draft code before Parliament the Secretary of State may bring it into operation by order.

(5) The order is subject to affirmative resolution procedure.

(6) The Secretary of State may revise a code and issue the revised code, and subsections (2) to (5) apply to a revised code as they apply to an original code.

(7) Failure to observe a provision of a code does not of itself render a constable liable to criminal or civil proceedings.

(8) A code—

(a) is admissible in evidence in criminal and 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.

Section 27 Meaning of “terrorism offence”

(1) For the purposes of sections 22 to 24 (post-charge questioning) the following are terrorism offences—

(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

sections 11 to 13 (offences relating to proscribed organisations),

sections 15 to 19, 21A and 21D (offences relating to terrorist property),

sections 38B and 39 (disclosure of and failure to disclose information about terrorism),

section 54 (weapons training),

sections 56 to 58A (directing terrorism, possessing things and collecting information for the purposes of terrorism),

section 58B (entering or remaining in a designated area),

sections 59 to 61 (inciting terrorism outside the United Kingdom),

paragraph 14 of Schedule 5 (order for explanation of material: false or misleading statements),

paragraph 1 of Schedule 6 (failure to provide customer information in connection with a terrorist investigation),

paragraph 18 of Schedule 7 (offences in connection with port and border controls);

(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc );

(c) an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);

(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

sections 1 and 2 (encouragement of terrorism),

sections 5, 6 and 8 (preparation and training for terrorism),

sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);

(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

(f) an offence under paragraph 8 or 9 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (c. 6) (offences in connection with searches for munitions and transmitters in Northern Ireland).

(2) Any ancillary offence in relation to an offence listed in subsection (1) is a terrorism offence for the purposes of sections 22 to 24.

(3) The Secretary of State may by order amend subsection (1).

(4) Any such order is subject to affirmative resolution procedure.

Section 28 Jurisdiction to try offences committed in the UK

(1) Where an offence to which this section applies is committed in the United Kingdom—

(a) proceedings for the offence may be taken at any place in the United Kingdom, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(2) The section applies to—

(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

sections 11 to 13 (offences relating to proscribed organisations),

sections 15 to 19, 21A and 21D (offences relating to terrorist property),

sections 38B and 39 (disclosure of and failure to disclose information about terrorism),

section 47 (offences relating to stop and search powers),

section 51 (parking a vehicle in contravention of an authorisation or restriction),

section 54 (weapons training),

sections 56 to 58A (directing terrorism and possessing things or collecting information for the purposes of terrorism),

section 116 (failure to stop a vehicle when required to do so),

paragraph 1 of Schedule 6 (failure to provide customer information in connection with a terrorist investigation),

paragraph 18 of Schedule 7 (offences in connection with port and border controls);

(b) an offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things to cause harm and intimidate);

(c) an offence under any of the following provisions of the Terrorism Act 2006 (c. 11)—

sections 1 and 2 (encouragement of terrorism),

sections 5, 6 and 8 (preparation and training for terrorism),

sections 9, 10 and 11 (offences relating to radioactive devices etc).

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by order amend subsection (2).

(4) Any such order is subject to affirmative resolution procedure.

(5) The power conferred by subsection (3) may be exercised so as to add offences to subsection (2) only if it appears to the Secretary of State necessary to do so for the purpose of dealing with terrorism.

(6) In section 1 of the Justice and Security (Northern Ireland) Act 2007 (c. 6) (issue of certificate for trial without a jury), after subsection (6) insert—

(6A) The Director of Public Prosecutions for Northern Ireland may not issue a certificate under subsection (2) if—

(a) the proceedings are taken in Northern Ireland only by virtue of section 28 of the Counter-Terrorism Act 2008, and

(b) it appears to the Director that the only condition that is met is condition 4.

Section 29 Consent to prosecution of offence committed outside UK

In section 117(2A) of the Terrorism Act 2000 (c. 11) and in section 19(2) of the Terrorism Act 2006 (cases in which permission of Attorney General or Advocate General for Northern Ireland required before DPP gives consent to prosecution), after “committed” insert “ outside the United Kingdom or ” .

Section 30 Sentences for offences with a terrorist connection: ... ... Northern Ireland

(1) This section applies where a court in Northern Ireland is considering for the purposes of sentence the seriousness of an offence specified in Schedule 2 (offences where terrorist connection to be considered) within subsection (5A) or (5B) .

(2) If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.

(3) For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.

(4) If the court determines that the offence has a terrorist connection, the court—

(a) must treat that fact as an aggravating factor, and

(b) must state in open court that the offence was so aggravated.

(5) In this section “ sentence ”, in relation to an offence, includes any order made by a court when dealing with a person in respect of the offence.

(5A) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(5B) An offence is within this subsection if it—

(a) was committed—

(i) on or after 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which extended this section to Northern Ireland, came into force), but

(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 2.

(5C) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (5A) and (5B) to have been committed on the last of those days.

(6) This section has effect in relation only to offences committed on or after the day it comes into force.

Section 31 Sentences for offences with a terrorist connection: Scotland

(1) This section applies where in Scotland, in relation to an offence specified in Schedule 2 (offences where terrorist connection to be considered) within subsection (4A) or (4B) —

(a) it is libelled in an indictment, and

(b) proved,

that the offence has been aggravated by reason of having a terrorist connection.

(2) Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.

(3) Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of having a terrorist connection, the court must state the extent of, and the reasons for, the difference.

(4) For the purposes of this section, evidence from a single source is sufficient to prove that an offence has been aggravated by reason of having a terrorist connection.

(4A) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(4B) An offence is within this subsection if it—

(a) was committed—

(i) on or after the relevant date, but

(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 2.

(4C) The relevant date for the purposes of subsection (4B)(a)(i) is—

(a) 18 June 2009 (being the date on which this section came into force), in relation to any offence that is not mentioned in paragraph (b);

(b) 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which amended Schedule 2, came into force) in relation to any of the following offences under the law of Scotland—

(i) assault by explosive device;

(ii) assault to severe injury;

(iii) assault and poisoning;

(iv) poisoning.

(4D) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4A) to (4C) to have been committed on the last of those days.

(5) This section has effect in relation only to offences committed on or after the day it comes into force.

Section 32 Sentences for offences with a terrorist connection: armed forces

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33 Power to amend list of offences where terrorist connection to be considered

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34 Forfeiture: terrorist property offences

For section 23 of the Terrorism Act 2000 (c. 11) (forfeiture) substitute—

Forfeiture

Forfeiture: terrorist property offences

(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 which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) they intended should be used, or had reasonable cause to suspect might be used, for those purposes.

(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 which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.

(4) Where a person is convicted of an offence under section 17 or 18 the court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which—

(a) had been used for the purposes of terrorism, or

(b) was, at that time, intended by them to be used for those purposes.

(5) Where a person is convicted of an offence under section 17 the court may order the forfeiture of the money or other property to which the arrangement in question related, and which—

(a) had been used for the purposes of terrorism, or

(b) at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.

(6) 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.

(7) 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.

Section 35 Forfeiture: other terrorism offences and offences with a terrorist connection

(1) After section 23 of the Terrorism Act 2000 (c. 11) (forfeiture: terrorist property offences) insert—

Forfeiture: other terrorism offences and offences with a terrorist connection

(23A)

(1) The court by or before which a person is convicted of an offence to which this section applies may order the forfeiture of any money or other property in relation to which the following conditions are met—

(a) that it was, at the time of the offence, in the possession or control of the person convicted; and

(b) that—

(i) it had been used for the purposes of terrorism,

(ii) it was intended by that person that it should be used for the purposes of terrorism, or

(iii) the court believes that it will be used for the purposes of terrorism unless forfeited.

(2) This section applies to an offence under—

(a) any of the following provisions of this Act—

section 54 (weapons training);

section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);

section 59, 60 or 61 (inciting terrorism outside the United Kingdom);

(b) any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

section 2 (dissemination of terrorist publications);

section 5 (preparation of terrorist acts);

section 6 (training for terrorism);

sections 9 to 11 (offences involving radioactive devices or materials).

(3) This section applies to any ancillary offence (as defined in section 94 of the Counter-Terrorism Act 2008) in relation to an offence listed in subsection (2).

(4) This section also applies to an offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered) as to which—

(a) in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of that Act, that the offence has a terrorist connection;

(b) in Scotland, it has been proved, in accordance with section 31 of that Act, that the offence has a terrorist connection.

(5) The Secretary of State may by order amend subsection (2).

(6) An order adding an offence to subsection (2) applies only in relation to offences committed after the order comes into force.

(2) In section 123 of that Act (orders and regulations)—

(a) in subsection (4) (instruments subject to affirmative resolution procedure), after paragraph (a) insert—

(aa) section 23A(5);

(b) in subsection (5), for “paragraph (b)” substitute “ paragraph (aa) or (b) ” .

Section 36 Forfeiture: supplementary provisions

After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 35 above), insert—

Forfeiture: supplementary provisions

(23B)

(1) Before making an order under section 23 or 23A, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under that section.

(2) In considering whether to make an order under section 23 or 23A in respect of any property, a court shall have regard to—

(a) the value of the property, and

(b) the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

(3) A court in Scotland must not make an order under section 23 or 23A except on the application of the prosecutor—

(a) in proceedings on indictment, when the prosecutor moves for sentence, and

(b) in summary proceedings, before the court sentences the accused;

and for the purposes of any appeal or review, an order under either of those sections made by a court in Scotland is a sentence.

(4) Schedule 4 makes further provision in relation to forfeiture orders under section 23 or 23A.

Section 37 Forfeiture: application of proceeds to compensate victims

(1) In Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders: England and Wales), after paragraph 4 insert—

Application of proceeds to compensate victims

(4A)

(1) Where a court makes a forfeiture order in a case where—

(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a) any forfeited money, and

(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).

(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(2) In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 17 insert—

Application of proceeds to compensate victims

(17A)

(1) Where a court makes a forfeiture order in a case where—

(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a) any forfeited money, and

(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 16(1)(c) or 17(2).

(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995 under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(3) In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 32 insert—

Application of proceeds to compensate victims

(32A)

(1) Where a court makes a forfeiture order in a case where—

(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a) any forfeited money, and

(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 30(1)(d) or 31(1).

(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 under which the offender would have been required to pay compensation of an amount not less than the specified amount.

Section 38 Forfeiture: other amendments

(1) For section 120A of the Terrorism Act 2000 (c. 11) (supplemental powers of the court in respect of forfeiture orders) substitute—

Supplementary powers of forfeiture

(120A)

(1) A court by or before which a person is convicted of an offence under a provision mentioned in column 1 of the following table may order the forfeiture of any item mentioned in column 2 in relation to that offence.

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

(3) An order under this section does 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).

(4) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.

(5) Provision made by virtue of subsection (4) may be varied at any time by the court that made it.

(6) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A.

(2) In section 7 of the Terrorism Act 2006 (c. 11), after subsection (6) insert—

(7) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A of the Terrorism Act 2000.

(3) After section 11 of the Terrorism Act 2006 (terrorist threats relating to devices, materials or facilities) insert—

Forfeiture of devices, materials or facilities

(11A)

(1) A court by or before which a person is convicted of an offence under section 9 or 10 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, made or used in committing the offence.

(2) A court by or before which a person is convicted of an offence under section 11 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, which is the subject of—

(a) a demand under subsection (1) of that section, or

(b) a threat falling within subsection (3) of that section.

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

(4) An order under this section does 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).

(5) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.

(6) Provision made by virtue of subsection (5) may be varied at any time by the court that made it.

(7) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A of the Terrorism Act 2000.

Section 39 Forfeiture: consequential amendments

Schedule 3 contains amendments consequential on those made by sections 34 to 38.

Section 40 Scheme of this Part

(1) This Part imposes notification requirements on persons dealt with in respect of certain offences—

(a) sections 41 to 43 specify the offences to which this Part applies;

(b) sections 44 to 46 make provision as to the sentences or orders triggering the notification requirements;

(c) sections 47 to 52 contain the notification requirements; and

(d) section 53 makes provision as to the period for which the requirements apply.

(2) This Part also provides for—

(a) orders applying the notification requirements to persons dealt with outside the United Kingdom for corresponding foreign offences (see section 57 and Schedule 4), ...

(b) orders imposing restrictions on travel outside the United Kingdom on persons subject to the notification requirements (see section 58 and Schedule 5) , and

(c) warrants authorising entry and search of premises notified under this Part or where a person to whom the notification requirements apply resides or may be found.

(3) Schedule 6 provides for the application of this Part to service offences and related matters.

Section 41 Offences to which this Part applies: terrorism offences

(1) This Part applies to—

(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

section 11 or 12 (offences relating to proscribed organisations),

sections 15 to 18 (offences relating to terrorist property),

section 38B (failure to disclose information about acts of terrorism),

section 54 (weapons training),

sections 56 to 61 (directing terrorism, possessing things and collecting information for the purposes of terrorism , eliciting information about members of armed forces etc, entering or remaining in a designated area and inciting terrorism outside the United Kingdom);

(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

(c) an offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);

(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

sections 1 and 2 (encouragement of terrorism),

sections 5, 6 and 8 (preparation and training for terrorism),

sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);

(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).

(f) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notice imposing terrorism prevention and investigation measures) dealt with on or after the day on which section 42 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

(g) an offence under section 10(1) or (3) of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or related obligation) dealt with on or after that day.

(2) This Part also applies to any ancillary offence in relation to an offence listed in subsection (1).

(3) The Secretary of State may by order amend subsection (1).

(4) Any such order is subject to affirmative resolution procedure.

(5) An order adding an offence applies only in relation to offences dealt with after the order comes into force.

(6) An order removing an offence has effect in relation to offences whenever dealt with, whether before or after the order comes into force.

(7) Where an offence is removed from the list, a person subject to the notification requirements by reason of that offence being listed (and who is not otherwise subject to those requirements) ceases to be subject to them when the order comes into force.

Section 42 Offences to which this Part applies: offences having a terrorist connection

(1) This Part applies to—

(za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,

(a) an offence as to which a court has determined under section 30 (sentences for offences with a terrorist connection: ... ... Northern Ireland ) that the offence has a terrorist connection, and

(b) an offence in relation to which section 31 applies (sentences for offences with terrorist connection: Scotland).

(2) A person to whom the notification requirements apply by virtue of such a determination as is mentioned in subsection (1)(za) or (a) may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.

(3) If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .