(1)A person commits an offence if—
(a)he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, F1...
(b)he possesses a document or record containing information of that kind [F2, or
(c)the person views, or otherwise accesses, by means of the internet a document or record containing information of that kind.]
[F3(1A)The cases in which a person collects or makes a record for the purposes of subsection (1)(a) include (but are not limited to) those in which the person does so by means of the internet (whether by downloading the record or otherwise).]
(2)In this section “record” includes a photographic or electronic record.
(3)It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
[F4(3A)The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which—
(a)at the time of the person's action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b)the person's action or possession was for the purposes of—
(i)carrying out work as a journalist, or
(ii)academic research.]
(4)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F515 years], to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(5)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 58(1)(a) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 3(2)(a), 27(3) (with s. 25(1))
F2S. 58(1)(c) and preceding word inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 3(2)(b), 27(3) (with s. 25(1))
F3S. 58(1A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 3(3), 27(3) (with s. 25(1))
F4S. 58(3A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 3(4), 27(3) (with s. 25(1))
F5Words in s. 58(4)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 7(3), 27(3) (with s. 25(2))
F6S. 58(5)-(7) repealed (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 99, 100(5), Sch. 3 para. 3, Sch. 9 Pt. 3 (with s. 101(2)); S.I. 2009/1256, art. 2(c)(d)(e)