Criminal Procedure (Scotland) Act 1995

Section 210A

[F1 SCHEDULE 5ZC S Terrorism offences

Textual Amendments

F1 Sch. 5ZC inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(k), Sch. 5

PART 1 S Terrorism offences

Terrorism Act 2000 S

1 S An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(c) section 54 (weapons training);

(d) section 56 (directing a terrorist organisation);

(e) section 57 (possession of article for terrorist purposes);

(f) section 58 (collection of information likely to be of use to a terrorist);

(g) section 58A (publishing information about members of the armed forces etc);

(h) section 58B (entering or remaining in a designated area);

(i) section 61 (inciting terrorism overseas).

Anti-Terrorism, Crime and Security Act 2001 S

2 S An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate).

Terrorism Act 2006 S

3 S An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Ancillary offences S

4 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”). S

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

PART 2 S Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)

Common law offences S

5 S Culpable homicide.

6 S Abduction.

7 S Assault by explosive device.

8 S Assault to severe injury.

9 S Assault and poisoning.

10 S Poisoning.

11 S Robbery.

12 S Assault with intent to rob.

13 S Wilful fire-raising.

14 S Malicious mischief.

Explosive Substances Act 1883 S

15 S An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Firearms Act 1968 S

16 S An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Biological Weapons Act 1974 S

17 S An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982 S

18 S An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982 S

19 S An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983 S

20 S An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

Criminal Justice Act 1988 S

21 S An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990 S

22 S An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994 S

23 S An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996 S

24 S An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

Anti-terrorism, Crime and Security Act 2001 S

25 S An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

International Criminal Court (Scotland) Act 2001 (asp 13) S

26 S An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) S

27 S An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

Space Industry Act 2018 S

28 S An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

Ancillary offences S

29 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”). S

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

30 (1) An attempt to commit murder. S

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.]