Criminal Justice and Public Order Act 1994

82 Offences relating to terrorism. E+W+S

(1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended by the insertion, as Part IVA of that Act, of the following provisions—

“Part IVA E+W+S Offences against Public Security

16A Possession of articles for suspected terrorist purposes.

(1) A person is guilty of an offence if he has any article in his possession in circumstances giving rise to a reasonable suspicion that the article is in his possession for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies.

(2) The acts of terrorism to which this section applies are—

(a) acts of terrorism connected with the affairs of Northern Ireland; and

(b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his possession for such a purpose as is mentioned in subsection (1) above.

(4) Where a person is charged with an offence under this section and it is proved that at the time of the alleged offence—

(a) he and that article were both present in any premises; or

(b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(6) This section applies to vessels, aircraft and vehicles as it applies to premises.

16B Unlawful collection, etc. of information.

(1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

(a) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of terrorism to which this section applies; or

(b) have in his possession any record or document containing any such information as is mentioned in paragraph (a) above.

(2) The acts of terrorism to which this section applies are—

(a) acts of terrorism connected with the affairs of Northern Ireland; and

(b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

(3) In subsection (1) above the reference to recording information includes a reference to recording it by means of photography or by any other means.

(4) Any person who contravenes this section is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(5) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.”.

(2) For the purposes of section 27 of the M1 Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the provisions constituting Part IVA of that Act inserted by this section shall be treated, as from the time when those provisions come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

(3) This section shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

Marginal Citations

M1 1989 c. 4.