49.This Part deals, among other things, with the offences which were discussed in Chapter 12 of the Government’s consultation paper under the heading “Ancillary offences”.
50.These sections correspond to the offence at section 34 of the EPA. Whereas that offence applied only in Northern Ireland, the new version applies throughout the UK. It has also been extended to cover chemical, biological and nuclear weapons and materials as well as conventional firearms and explosives; and to cover recruitment for training (subsection (3)) as well as the training itself. Subsection (5) of section 54 provides a defence for persons who are acting for non-terrorist purposes, such as the armed forces. This defence is listed in section 118(5) and therefore imposes an evidential burden only on the defendant.
51.A further modification concerns the need for a recipient of the training. Under subsection (1) of section 54, by contrast with its predecessor in the EPA, no recipient is needed for the offence to be committed. This means that the offence could cover someone who makes weapons instruction for terrorist purposes generally available, for example via the Internet.
52.The definitions of chemical, biological and nuclear weapons and materials are based on other statutes.
Under section 1 of the Chemical Weapons Act 1996 (c. 6), “chemical weapons” are toxic chemicals and their precursors; munitions and other devices designed to cause death or harm through the toxic properties of toxic chemicals released by them; and equipment designed for use in connection with such munitions and devices.
Section 1(1)(b) of the Biological Weapons Act 1974 (c. 6) applies to any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict.
The meaning of “nuclear material” set out in the Schedule to the Nuclear Material (Offences) Act 1983 (c. 18), is “plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotopes 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing”. The Schedule also further defines “uranium enriched in the isotopes 235 or 233”.
53.This offence is based on that in section 29 of the EPA. The EPA offence applies only in Northern Ireland; the equivalent offence under the Act is applicable throughout the UK. Although the offence is not expressly restricted to Irish terrorist organisations, this has been the practical effect of its being located in the EPA; section 56 will apply to all forms of terrorism. The organisation need not be proscribed for this offence to be committed.
54.These sections are based respectively on sections 16A and 16B of the PTA, which were added to the PTA by the Criminal Justice and Public Order Act 1994 (c. 33). Sections 16A and 16B were in turn based on sections 30 and 31 of the Northern Ireland (Emergency Provisions) Act 1991 (c. 24). Sections 57 and 58 are listed in section 118(5), so the defences they provide impose evidential burdens only on the defendant.
55.The Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) made it an offence to conspire in the United Kingdom to commit criminal acts abroad. These sections similarly make it an offence for a person in the United Kingdom to incite terrorist acts abroad.
56.The offence of incitement to specific acts commonly associated with terrorism (such as hostage taking or hijacking aircraft) is already available, by virtue of the extra-territorial jurisdiction established over such offences in the past – and elsewhere in this Act – in legislation implementing various international counter-terrorism Conventions. This provision will, therefore, fill in remaining gaps in the law.
57.These sections are included to enable the UK to ratify the UN Convention for the Suppression of Terrorist Bombings and the UN Convention for the Suppression of the Financing of Terrorism. They will enable the UK to meet its obligations under the “extradite or prosecute” provisions of these Conventions, which are common to earlier international counter-terrorism Conventions.