Part 3

Prosecution and punishment of terrorist offences

Forfeiture

Forfeiture: other terrorism offences and offences with a terrorist connection
35
1
After section 23 of the Terrorism Act 2000 (c. 11) (forfeiture: terrorist property offences) insert—

Forfeiture: other terrorism offences and offences with a terrorist connection
23A
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);
- 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 specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered) as to which—
a
in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of that Act, 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.
.
2
In section 123 of that Act (orders and regulations)—
a
in subsection (4) (instruments subject to affirmative resolution procedure), after paragraph (a) insert—
aa
section 23A(5);
;
b
in subsection (5), for “paragraph (b)” substitute “ paragraph (aa) or (b) ”.
S. 35 in force at 18.6.2009 by S.I. 2009/1256, art. 2(c)