1B

An order that a preparatory hearing shall be held must be made by a judge of the Crown Court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which at least one of the offences charged by the indictment against at least one of the persons charged is a terrorism offence.

1C

An order that a preparatory hearing shall be held must also be made by a judge of the Crown court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which—

a

at least one of the offences charged by the indictment against at least one of the persons charged is an offence carrying a maximum of at least 10 years' imprisonment; and

b

it appears to the judge that evidence on the indictment reveals that conduct in respect of which that offence is charged had a terrorist connection.

3

In a case in which it appears to a judge of the Crown Court that evidence on an indictment reveals a case of fraud of such seriousness or complexity as is mentioned in section 7 of the Criminal Justice Act 1987 (preparatory hearings in cases of serious or complex fraud)—

a

the judge may make an order for a preparatory hearing under this section only if he is required to do so by subsection (1B) or (1C);

b

before making an order in pursuance of either of those subsections, he must determine whether to make an order for a preparatory hearing under that section; and

c

he is not required by either of those subsections to make an order for a preparatory hearing under this section if he determines that an order should be made for a preparatory hearing under that section;

and, in a case in which an order is made for a preparatory hearing under that section, requirements imposed by those subsections apply only if that order ceases to have effect.

4

An order that a preparatory hearing shall be held may be made—

6

In this section ‘terrorism offence’ means—

a

an offence under section 11 or 12 of the Terrorism Act 2000 (c. 11) (offences relating to proscribed organisations);

b

an offence under any of sections 15 to 18 of that Act (offences relating to terrorist property);

c

an offence under section 38B of that Act (failure to disclose information about acts of terrorism);

d

an offence under section 54 of that Act (weapons training);

e

an offence under any of sections 56 to 59 of that Act (directing terrorism, possessing things and collecting information for the purposes of terrorism and inciting terrorism outside the United Kingdom);

f

an offence in respect of which there is jurisdiction by virtue of section 62 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc.);

g

an offence under Part 1 of the Terrorism Act 2006 (miscellaneous terrorist related offences);

h

conspiring or attempting to commit a terrorism offence;

i

incitement to commit a terrorism offence.

7

For the purposes of this section an offence carries a maximum of at least 10 years' imprisonment if—

a

it is punishable, on conviction on indictment, with imprisonment; and

b

the maximum term of imprisonment that may be imposed on conviction on indictment of that offence is 10 years or more or is imprisonment for life.

8

For the purposes of this section conduct has a terrorist connection if it is or takes place in the course of an act of terrorism or is for the purposes of terrorism.

9

In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).