Counter-Terrorism Act 2008

27 Meaning of “terrorism offence”

(1) For the purposes of sections 22 to 24 (post-charge questioning) the following are terrorism offences—

(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

• sections 11 to 13 (offences relating to proscribed organisations),

• sections 15 to 19, 21A and 21D (offences relating to terrorist property),

• sections 38B and 39 (disclosure of and failure to disclose information about terrorism),

• section 54 (weapons training),

• sections 56 to 58A (directing terrorism, possessing things and collecting information for the purposes of terrorism),

• sections 59 to 61 (inciting terrorism outside the United Kingdom),

• paragraph 14 of Schedule 5 (order for explanation of material: false or misleading statements),

• paragraph 1 of Schedule 6 (failure to provide customer information in connection with a terrorist investigation),

• paragraph 18 of Schedule 7 (offences in connection with port and border controls);

(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

(c) an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);

(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

• sections 1 and 2 (encouragement of terrorism),

• sections 5, 6 and 8 (preparation and training for terrorism),

• sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);

(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

(f) an offence under paragraph 8 or 9 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (c. 6) (offences in connection with searches for munitions and transmitters in Northern Ireland).

(2) Any ancillary offence in relation to an offence listed in subsection (1) is a terrorism offence for the purposes of sections 22 to 24.

(3) The Secretary of State may by order amend subsection (1).

(4) Any such order is subject to affirmative resolution procedure.