Taking of Hostages Act 1982

1982 CHAPTER 28

An Act to implement the International Convention against the Taking of Hostages; and for connected purposes.

[13th July 1982]

Commencement Information

I1 Act not in force at Royal Assent; Act wholly in force at 26.11.1982, see s. 6

1 Hostage-taking. U.K.

(1) A person, whatever his nationality, who, in the United Kingdom or elsewhere,—

(a) detains any other person (“the hostage”), and

(b) in order to compel a State, international governmental organisation or person to do or abstain from doing any act, threatens to kill, injure or continue to detain the hostage,

commits an offence.

(2) A person guilty of an offence under this Act shall be liable, on conviction on indictment, to imprisonment for life.

2 Prosecution of offences. U.K.

(1) Proceedings for an offence under this Act shall not be instituted—

(a) in England and Wales, except by or with the consent of the Attorney General; and

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

(2) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under this Act, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be.

F1 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 2(3) repealed (17.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Sch. 8 PartI

3 Extradition. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) In Schedule 1 to the M1 Suppression of Terrorism Act 1978 (offences not to be regarded as of a political character) after paragraph 11 there shall be inserted the following paragraph—

“ Taking of hostages

11A An offence under the Taking of Hostages Act 1982.”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F2 Ss. 3(1)(4), 4, and 5(1) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

F3 Ss. 3(3)(5) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 16

Modifications etc. (not altering text)

C1 The text of ss. 2(3) and 3(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1978 c. 26.

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 3(1)(4), 4, and 5(1) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

5 Application to Channel Islands, Isle of Man, etc. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) Her Majesty may by Order in Council make provision for extending the other provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.

Textual Amendments

F5 Ss. 3(1)(4), 4, and 5(1) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

6 Short title and commencement. U.K.

(1) This Act may be cited as the Taking of Hostages Act 1982.

(2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint.

Modifications etc. (not altering text)

C2 Power of appointment conferred by section 6(2) fully exercised: 26.11.1982 appointed by S.I. 1982/1532, art. 1