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Sections 30, 31, 33, 35 and 42

SCHEDULE 2 Offences where terrorist connection to be considered

Common law offences

  • Murder.

  • Manslaughter.

  • Culpable homicide.

  • Kidnapping.

  • Abduction.

Statutory offences

An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—

(a)

section 4 (soliciting murder),

(b)

section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm),

(c)

section 28 (causing bodily injury by explosives),

(d)

section 29 (using explosives etc with intent to do grievous bodily harm),

(e)

section 30 (placing explosives with intent to do bodily injury),

(f)

section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).

An offence under any of the following sections of the Explosive Substances Act 1883 (c. 3)—

(a)

section 2 (causing explosion likely to endanger life or property),

(b)

section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property),

(c)

section 4 (making or possession of explosive under suspicious circumstances),

(d)

section 5 (punishment of accessories).

An offence under section 1 of the Biological Weapons Act 1974 (c. 6) (restriction on development etc of certain biological agents and toxins and of biological weapons).

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

An offence under any of the following sections of the Aviation Security Act 1982 (c. 36)—

(a)

section 1 (hijacking),

(b)

section 2 (destroying, damaging or endangering safety of aircraft),

(c)

section 3 (other acts endangering or likely to endanger safety of aircraft),

(d)

section 4 (offences in relation to certain dangerous articles),

(e)

section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).

An offence under any of the following sections of the Nuclear Material (Offences) Act 1983 (c. 18)—

(a)

section 1B (offences relating to damage to the environment),

(b)

section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction),

(c)

section 2 (offences involving preparatory acts and threats), so far as relating to an offence specified in this Schedule.

An offence under any of the following sections of the Aviation and Maritime Security Act 1990 (c. 31)

(a)

section 1 (endangering safety at aerodromes),

(b)

section 9 (hijacking of ships),

(c)

section 10 (seizing or exercising control of fixed platforms),

(d)

section 11 (destroying ships or fixed platforms or endangering their safety),

(e)

section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system).

An offence under any of the following sections of the Chemical Weapons Act 1996 (c. 6)

(a)

section 2 (use etc of chemical weapons),

(b)

section 11 (premises or equipment for producing chemical weapons).

An offence under any of the following sections of the Anti-Terrorism, Crime and Security Act 2001 (c. 24)

(a)

section 47 (use etc of nuclear weapons),

(b)

section 114 (hoaxes involving noxious substances or things).

Ancillary offences

Any ancillary offence in relation to an offence specified in this Schedule.

Section 39

SCHEDULE 3 Forfeiture: consequential amendments

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

1 In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after “section 23” insert “or 23A”.

Terrorism Act 2000 (c. 11)

2 In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).

3 In section 58 of that Act, omit subsections (5) to (7).

4 In section 119(1) of that Act for “sections 15 to 23” substitute “sections 15 to 23A”.

5 (1) Schedule 4 to that Act is amended as follows.

(2) In paragraph 1—

(a) in the definition of “forfeiture order” after “section 23” insert “or 23A”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means—

(a) an offence under any of sections 15 to 18,

(b) an offence to which section 23A applies, or

(c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered)..

(3) In paragraph 2(1)(d) for “section 23(7)” substitute “section 23B(1)”.

(4) In paragraph 4(2)(c) for “section 23(7)” substitute “section 23B(1)”.

(5) In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(6) In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “relevant offences”.

(7) Omit the heading before paragraph 9.

(8) In paragraph 9(2)—

(a) in the opening words, for “an offence under any of sections 15 to 18” substitute “a relevant offence”;

(b) in paragraphs (a), (b) and (c), for “an offence under any of those sections” substitute “a relevant offence”.

(9) In paragraph 10(1)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(10) In paragraph 12 after “section 23”, in each place where it occurs, insert “or 23A”.

(11) In paragraph 15—

(a) in the definition of “forfeiture order” after “section 23” insert “or 23A”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means—

(a) an offence under any of sections 15 to 18,

(b) an offence to which section 23A applies, or

(c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered)..

(12) In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “section 23B(1)”.

(13) In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(14) In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18” substitute “relevant offences”.

(15) Omit the heading before paragraph 23.

(16) In paragraph 23(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “a relevant offence”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “a relevant offence”.

(17) In paragraph 24(1)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(18) In paragraph 26 after “section 23”, in each place where it occurs, insert “or 23A”.

(19) In paragraph 29—

(a) in the definition of “forfeiture order” after “section 23” insert “or 23A”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means—

(a) an offence under any of sections 15 to 18, or

(b) an offence to which section 23A applies..

(20) In paragraph 30(1)(d) for “section 23(7)” substitute “section 23B(1)”.

(21) In paragraph 32(2)(c) for “section 23(7)” substitute “section 23B(1)”.

(22) In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(23) In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “relevant offences”.

(24) In paragraph 38(4), in the definition of “prosecutor” for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(25) Omit the heading before paragraph 39.

(26) In paragraph 39(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “a relevant offence”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “a relevant offence”.

(27) In paragraph 40(1)(a) for “an offence under any of sections 15 to 18” substitute “a relevant offence”.

(28) In paragraph 42 after “section 23”, in each place where it occurs, insert “or 23A”.

(29) In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after “section 23” insert “or 23A”.

6 In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after “section 23” insert “or 23A”.

Proceeds of Crime Act 2002 (c. 29)

7 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 13(3)(d) after “section 23” insert “or 23A”.

(3) In section 82(e) after “section 23” insert “, 23A”.

(4) In section 97(3)(d) after “section 23” insert “or 23A”.

(5) In section 148(e) after “section 23” insert “, 23A”.

(6) In section 163(3)(d) after “section 23” insert “or 23A”.

(7) In section 230(e) after “section 23” insert “, 23A”.