Counter-Terrorism Act 2008

General definitions E+W+S+N.I.

92 Meaning of “terrorism” E+W+S+N.I.

In this Act “terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1 of that Act).

93 Meaning of offence having a “terrorist connection” E+W+S+N.I.

For the purposes of this Act an offence has a terrorist connection if the offence—

(a) is, or takes place in the course of, an act of terrorism, or

(b) is committed for the purposes of terrorism.

94 Meaning of “ancillary offence” E+W+S+N.I.

(1) In this Act “ancillary offence”, in relation to an offence, means any of the following—

(a) aiding, abetting, counselling or procuring the commission of the offence (or, in Scotland, being art and part in the commission of the offence);

(b) an offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to the offence (or, in Scotland, inciting a person to commit the offence);

(c) attempting or conspiring to commit the offence.

(2) In subsection (1)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement under the law of England and Wales or Northern Ireland.

95 Meaning of “service court” and “service offence” E+W+S+N.I.

(1) In this Act “service court” means the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(2) Until the commencement of the relevant provisions of the Armed Forces Act 2006 (c. 52), the following is substituted for subsection (1)—

“(1) In this Act “service court” means—

(a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b) the Courts-Martial Appeal Court; or

(c) a Standing Civilian Court.”.

(3) In this Act “service offence” means an offence under—

(a) section 42 of the Armed Forces Act 2006,

(b) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(c) section 42 of the Naval Discipline Act 1957.

(4) References in this Act to the “corresponding civil offence” in relation to a service offence are—

(a) in relation to an offence under section 42 of the Armed Forces Act 2006, to the corresponding offence under the law of England and Wales within the meaning of that section;

(b) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, to the corresponding civil offence within the meaning of that Act;

(c) in relation to an offence under section 42 of the Naval Discipline Act 1957, to the civil offence within the meaning of that section.

(5) Section 48 of the Armed Forces Act 2006 (c. 52) (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4)(a) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.