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Counter-Terrorism Act 2008

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Counter-Terrorism Act 2008. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Overview

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1 – Powers to Gather and Share Information

      1. Power to remove documents for examination

        1. Section 1 – Power to remove documents for examination

        2. Section 2 – Offence of obstruction

        3. Section 3 – Items subject to legal privilege

        4. Section 4 – Record of removal

        5. Section 5 – Retention of documents

        6. Section 6 – Access to documents

        7. Section 7 – Photographing and copying of documents

        8. Section 8 – Return of documents

        9. Section 9 – Power to remove documents: supplementary provisions

      2. Power to take fingerprints and samples from person subject to control order

        1. Section 10 – Power to take fingerprints and samples: England and Wales

        2. Section 11 – Power to take fingerprints and samples: Scotland

        3. Section 12 – Power to take fingerprints and samples: Northern Ireland

        4. Section 13 – Power to take fingerprints and non-intimate samples: transitional provision

      3. Retention and use of fingerprints and samples

        1. Sections 14 to 18 – Retention and use of fingerprints and samples

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

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

        4. Section 16 – Material subject to the Terrorism Act 2000: England, Wales and Northern Ireland

        5. Section 17 – Material subject to the Terrorism Act 2000: Scotland

        6. Section 18 – Material not subject to existing statutory restrictions

      4. Disclosure of information and the intelligence services

        1. Sections 19 to 21 – Disclosure of information and the intelligence services

        2. Schedule 1 – Disclosure and the Intelligence Services: Consequential Amendments

    2. Part 2 –Post-Charge Questioning of Terrorist Suspects

      1. Section 22 – Post-charge questioning: England and Wales

      2. Section 23 – Post-charge questioning: Scotland

      3. Section 24 – Post-charge questioning: Northern Ireland

      4. Section 25 – Recording of interviews

      5. Section 26 – Issue and revision of code of practice

      6. Section 27 – Post-charge questioning: meaning of “terrorism offence”

    3. Part 3 – Prosecution and Punishment of Terrorist Offences

      1. Jurisdiction

        1. Section 28 – Jurisdiction to try offences committed in the UK

      2. Consent to prosecution

        1. Section 29 – Consent to prosecution of offence committed outside UK

      3. Sentencing

        1. Section 30 – Sentences for offences with a terrorist connection: England and Wales

        2. Section 31 – Sentences for offences with a terrorist connection: Scotland

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

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

        5. Schedule 2 – Offences where terrorist connection to be considered

      4. Forfeiture

        1. Section 34 – Forfeiture: terrorist property offences

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

        3. Section 36– Forfeiture: supplementary provisions

        4. Section 37 – Forfeiture: application of proceeds to compensate victims

        5. Section 38 – Forfeiture: other amendments

        6. Section 39 – Forfeiture: consequential amendments

        7. Schedule 3 – Forfeiture: consequential amendments

    4. Part 4 – Notification Requirements

      1. Section 40 – Scheme of this Part

      2. Offences to which this Part applies: terrorism offences

        1. Section 41 – Offences to which this Part applies: terrorism offences

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

        3. Section 43 – Offences dealt with before commencement

      3. Persons to whom the notification requirements apply

        1. Section 44– Persons to whom the notification requirement s apply

        2. Section 45 – Sentences or orders triggering notification requirements

        3. Section 46 – Power to amend specified terms or periods of imprisonment or detention

      4. Notification requirements

        1. Section 47– Initial notification

        2. Section 48 – Notification of changes

        3. Section 49 – Periodic re-notification

        4. Section 50 – Method of notification and related matters

        5. Section 51 – Meaning of “local police area”

        6. Section 52 – Travel outside the United Kingdom

      5. Period for which notification requirements apply

        1. Section 53 – Period for which notification requirements apply

      6. Offences in relation to notification

        1. Section 54 – Offences relating to notification

        2. Section 55 – Effect of absence abroad

        3. Section 56 –Notification on return after absence from UK

      7. Supplementary provisions

        1. Section 57 –Notification orders

        2. Schedule 4 – Notification Orders

        3. Section 58 – Foreign travel restriction orders

        4. Schedule 5 – Foreign Travel Restriction Orders

        5. Section 59– Application of Part to service offences and related matters

        6. Schedule 6 – Notification Requirements: Application to Service Offences

        7. Section 60 – Minor definitions for Part 4

        8. Section 61 – References to a person being “dealt with” for an offence

    5. Part 5 – Terrorist Financing and Money Laundering

      1. Terrorist financing and money laundering

        1. Section 62 – Terrorist financing and money laundering

        2. Schedule 7 – Terrorist financing and money laundering

    6. Part 6 – Financial Restrictions Proceedings

      1. CHAPTER 1 – Application to set aside financial restrictions decision

        1. Section 63 – Application to set aside financial restrictions decision

        2. Section 64 – UN terrorism orders

      2. CHAPTER 2 – Financial restrictions proceedings

        1. Introductory

          1. Section 65 – Financial restrictions proceedings

        2. Rules of court, disclosure and related matters

          1. Section 66 – General provision about rules of court

          2. Section 67 – Rules of court about disclosure

          3. Section 68 – Appointment of special advocate

          4. Section 69 – Intercept evidence

          5. Section 70 – Qualification of duty to give reasons

        3. Supplementary

          1. Section 71 – Allocation of Proceedings to Queen’s Bench Division

          2. Section 72 – Initial exercise of powers by Lord Chancellor

    7. Part 7 – Miscellaneous

      1. Inquiries

        1. Section 74 – Inquiries: intercept evidence

      2. Amendment of definition of “terrorism”

        1. Section 75 – Amendment of definition of “terrorism”

      3. Terrorist offences

        1. Section 76 – Offences relating to information about members of armed forces

        2. Schedule 8 – Offences relating to information about members of armed forces : supplementary provisions

        3. Section 77 – Terrorist property: disclosure of information about possible offences

      4. Control orders

        1. Section 78 – Control orders: powers of entry and search

        2. Section 79 – Control orders: meaning of involvement in terrorism-related activity

        3. Section 80 –Time allowed for representations by controlled persons

        4. Section 81 – Applications for anonymity for controlled persons

      5. Pre-charge detention of terrorist suspects

        1. Section 82 – Pre-charge detention: minor amendments

      6. Forfeiture of terrorist cash

        1. Section 83 – Forfeiture of terrorist cash: determination of period for which cash may be detained

        2. Section 84 – Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

      7. Costs of policing at gas facilities

        1. Section 85 – Policing at gas facilities: England and Wales

        2. Section 86 – Policing at gas facilities: Scotland

        3. Section 87 – Designated gas transporters

        4. Section 88 – Costs of policing at gas facilities: recovery of costs

        5. Section 89 – Costs of policing at gas facilities: supplementary provisions

        6. Section 90 – Application of provisions to costs incurred before commencement

      8. Appointment of special advocates in Northern Ireland

        1. Section 91 – Appointment of Special Advocates in Northern Ireland

    8. Part 8 – Supplementary Provisions

      1. General definitions

        1. Section 92 –Meaning of “terrorism”

        2. Section 93 – Meaning of offence having a “terrorist connection”

        3. Section 94 – Meaning of “ancillary offence”

        4. Section 95 – Meaning of “service court” and “service offence”

      2. Orders and regulations

        1. Section 96 – Orders and regulations

        2. Section 97 – Orders and regulations: affirmative and negative resolution procedure

      3. Financial provisions

        1. Section 98 - Financial provisions

      4. Final provisions

        1. Section 100 – Commencement

        2. Section 101 – Extent

  6. Hansard References

  • Explanatory Notes Table of contents

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