Part 2

Post-charge questioning of terrorist suspects

Meaning of “terrorism offence”
27
1
For the purposes of sections 22 to 24 (post-charge questioning) the following are terrorism offences—
a
an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—
- sections 11 to 13 (offences relating to proscribed organisations),
- sections 15 to 19, 21A and 21D (offences relating to terrorist property),
- sections 38B and 39 (disclosure of and failure to disclose information about terrorism),
- section 54 (weapons training),
- sections 56 to 58A (directing terrorism, possessing things and collecting information for the purposes of terrorism),
- section 58B (entering or remaining in a designated area),
- sections 59 to 61 (inciting terrorism outside the United Kingdom),
- paragraph 14 of Schedule 5 (order for explanation of material: false or misleading statements),
- paragraph 1 of Schedule 6 (failure to provide customer information in connection with a terrorist investigation),
- paragraph 18 of Schedule 7 (offences in connection with port and border controls);
b
an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);
c
an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);
d
an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—
- sections 1 and 2 (encouragement of terrorism),
- sections 5, 6 and 8 (preparation and training for terrorism),
- sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);
e
an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);
f
an offence under paragraph 8 or 9 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (c. 6) (offences in connection with searches for munitions and transmitters in Northern Ireland).
2
Any ancillary offence in relation to an offence listed in subsection (1) is a terrorism offence for the purposes of sections 22 to 24.
3
The Secretary of State may by order amend subsection (1).
4
Any such order is subject to affirmative resolution procedure.
S. 27 in force at 26.7.2012 for E.W.S. by S.I. 2012/1966, art. 2
Words in s. 27(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 42