Part 2

Terrorist acts and threats: jurisdiction

Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001
53
After section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things to cause harm and intimidate) there is inserted—

Application of section 113
113A
1
Section 113 applies to conduct done—
a
in the United Kingdom; or
b
outside the United Kingdom which satisfies the following two conditions.
2
The first condition is that the conduct is done for the purpose of advancing a political, religious or ideological cause.
3
The second condition is that the conduct is—
a
by a United Kingdom national or a United Kingdom resident;
b
by any person done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person; or
c
by any person done in circumstances which fall within section 63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.
4
The following expressions have the same meaning as they have for the purposes of sections 63C and 63D of that Act—
a
“United Kingdom national”;
b
“United Kingdom resident”;
c
“protected person”.
5
For the purposes of this section it is immaterial whether a person knows that another is a United Kingdom national, a United Kingdom resident or a protected person.

Consent to prosecution for offence under section 113
113B
1
Proceedings for an offence committed under section 113 outside the United Kingdom are not to be started—
a
in England and Wales, except by or with the consent of the Attorney General;
b
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
2
Proceedings for an offence committed under section 113 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.
3
In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
S. 53 in force at 26.4.2004 by S.I. 2004/786, art. 3