Terrorism Prevention and Investigation Measures Act 2011

Enforcement

23 Offence

(1) An individual is guilty of an offence if—

(a) a TPIM notice is in force in relation to the individual, and

(b) the individual contravenes, without reasonable excuse, any measure specified in the TPIM notice.

(2) If the individual has the permission of the Secretary of State by virtue of Schedule 1 for an act which would, without that permission, contravene such a measure, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.

(3) An individual guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

(4) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

(5) Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—

(a) an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge);

(b) an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders); or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).

24 Powers of entry etc

Schedule 5 (powers of entry, search, seizure and retention) has effect.

25 Fingerprints and samples

Schedule 6 (fingerprints and samples) has effect.