Terrorism Act 2000
Section 117 Information about acts of terrorism
309.This section inserts a new section 38B in the Terrorism Act 2000 making the failure to disclosure information about acts of terrorism a criminal offence. The new offence is similar to that which was found in section 18 of the Prevention of Terrorism (Temporary Provisions) Act 1989 which was repealed by the Terrorism Act 2000. Section 18 related only to acts of terrorism in Northern Ireland. The new offence has no such geographical limitation.
310.Subsections (1) and (2) of the new section 38B make it an offence for a person, subject to the defence in subsection (4), to fail to disclose information which he either knows or believes might help prevent another person carrying out an act of terrorism or might help in bringing a terrorist to justice in the UK. The words “an act of terrorism” are to be read with the definition of terrorism in section 1 of the Terrorism Act 2000 and include acts of terrorism anywhere in the world. Subsection (3) identifies the people to whom disclosure should be made - in England and Wales to a constable, in Scotland to a constable, in Northern Ireland to a constable or a member of Her Majesty's forces. Subsection (4) makes it a defence for a person to prove a head a reasonable excuse for not making the disclosure. Subsection (5) sets out the penalties for people found guilty of offences under this legislation: on conviction on indictment a person may be imprisoned for up to five years, or receive a fine or both; or on summary conviction a person may be imprisoned for up to six months or receive a fine not exceeding the statutory minimum (level 1 up to £200 on the scale) or both. Subsection (6) allows a person to be charged with the offence even if he was outside the United Kingdom at the time he became aware of the information.
311.Subsection (3) of section 117 amends the Terrorism Act 2000 to make it an offence for someone to disclose information to another person which would be likely to prejudice an investigation resulting from a disclosure under section 38B or to interfere with material that is likely to be relevant to such an investigation. The penalties for these offences are the same as for that under section 38B.
Section 118 Port and Airport controls for domestic travel
312.The section extends the existing powers under paragraphs 2 - 8 of Schedule 7 to the Terrorism Act 2000 to stop, question, detain and search people. Subsection (2) extends them to cover any person whose presence at a port an examining officer (a constable, immigration officer or customs officer) believes to be connected with their travelling on a flight within Great Britain or Northern Ireland. Subsection (3) extends them to cover any person on a ship or aircraft that has arrived at any place in Great Britain or Northern Ireland whether from within or outside Great Britain or Northern Ireland.
313.Similarly subsection (4) extends the powers in paragraphs 9 to 11 of that Schedule to search and detain goods (including any property and containers) to cover flights within Great Britain or Northern Ireland.
Section 119 Passenger information
314.Under Paragraph 17 of Schedule 7 to the Terrorism Act 2000, if an examining officer (a constable or immigration officer or customs officer) makes a written request to the owners or agents of a ship or aircraft for information about passengers, crew or vehicles belonging to the passengers or crew the owners or agents must comply with the request as soon as is reasonably practicable. The provision only applies to the Common Travel Area (journeys between Great Britain, Northern Ireland, the Republic of Ireland and the Islands). The information to be collected must be specified by the Secretary of State.
315.The ATCS Act extends these powers to cover a ship or aircraft which arrives in any place in the United Kingdom, or which leaves or is expected to leave the United Kingdom irrespective of whether the travel is international or domestic. These extended powers apply to goods as well as passenger freight.
Section 120 Weapons training for terrorists
316.Section 54 of the Terrorism Act 2000 makes it an offence to provide, receive or invite another person to receive instruction or training in the use of firearms, explosives or chemical, biological or nuclear weapons. A person guilty of an offence under this section may be imprisoned for up to ten years or receive a fine or both. It is a defence for the person to be able to show their involvement was wholly for a purpose other than terrorism.
317.Section 55 of the Act defines a biological weapon as anything to which section 1(1) (b) of the Biological Weapons Act 1974 applies, a chemical weapon as anything to which section 1 of the Chemical Weapons Act 1996 applies; and a nuclear weapon as a weapon which contains nuclear material as set out in the schedule to the Nuclear Materials (Offences) Act 1983.
318.Subsection (1) adds a new paragraph to sections 54 (1) and (2) of the Terrorism Act 2000 to cover training relating to radioactive material and weapons designed or adapted for the discharge of radioactive material.
319.Subsection (2) amends section 55 of the Terrorism Act 2000. Paragraph (a) substitutes a new definition for a biological weapon to include any biological agent or toxin which is in a form that can be used for hostile purposes. Paragraph (b) inserts a definition of a radioactive material as one capable of endangering life or causing harm to health. Paragraph (c) deletes the definition of a nuclear weapon, which is now out of date.
Section 121 Crown Court judges Northern Ireland
320.This section amends the Terrorism Act 2000 to substitute Crown Court judges for county court judges.
Section 122 Review of Act
321.Under this section the Home Secretary is required to appoint a committee of at least seven privy counsellors, who are required to complete the review and submit a report to the Home Secretary within two years of the act receiving Royal Assent i.e. by 13th December, 2003.
322.The Home Secretary is also required to lay a copy of the report before Parliament as soon as is reasonably practical after receipt.
Section 123 Effect of report
323.Unless a motion is made in each House of Parliament to consider the report within 6 months of the report being laid before Parliament, any provisions of this Act specified for this purpose in the report will cease to have effect. This would in effect time limit any provisions specified unless Parliamentary time has been made to debate the content of the report.