Terrorism Act 2000 (c. 11)

Part III U.K. Terrorist Property

[F1 Forfeiture] U.K.

Textual Amendments

F1 S. 23 and preceding cross-heading substituted (18.6.2009) for s. 23 by Counter-Terrorism Act 2008 (c. 28), ss. 34, 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

[F2 23A Forfeiture: other terrorism offences and offences with a terrorist connection U.K.

(1) The court by or before which a person is convicted of an offence to which this section applies may order the forfeiture of any money or other property in relation to which the following conditions are met—

(a) that it was, at the time of the offence, in the possession or control of the person convicted; and

(b) that—

(i) it had been used for the purposes of terrorism,

(ii) it was intended by that person that it should be used for the purposes of terrorism, or

(iii) the court believes that it will be used for the purposes of terrorism unless forfeited.

(2) This section applies to an offence under—

(a) any of the following provisions of this Act—

• section 54 (weapons training);

• section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);

• [F3 section 58B (entering or remaining in a designated area);]

• section 59, 60 or 61 (inciting terrorism outside the United Kingdom);

(b) any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

• section 2 (dissemination of terrorist publications);

• section 5 (preparation of terrorist acts);

• section 6 (training for terrorism);

• sections 9 to 11 (offences involving radioactive devices or materials).

(3) This section applies to any ancillary offence (as defined in section 94 of the Counter-Terrorism Act 2008) in relation to an offence listed in subsection (2).

(4) This section also applies to an offence F4 ... as to which—

(a) in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of [F5 the Counter-Terrorism Act 2008] [F6 or section 69 of the Sentencing Code], that the offence has a terrorist connection;

(b) in Scotland, it has been proved, in accordance with section 31 of that Act, that the offence has a terrorist connection.

(5) The Secretary of State may by order amend subsection (2).

(6) An order adding an offence to subsection (2) applies only in relation to offences committed after the order comes into force.]

Textual Amendments

F2 S. 23A inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(1), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F3 Words in s. 23A(2)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 37

F4 Words in s. 23A(4) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 1(2)(a)

F5 Words in s. 23A(4)(a) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 1(2)(b)

F6 Words in s. 23A(4)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 171(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2