Suppression of Terrorism Act 1978

1978 CHAPTER 26

An Act to give effect to the European Convention on the Suppression of Terrorism; to amend the law relating to the extradition of criminals and the obtaining of evidence for criminal proceedings outside the United Kingdom; to confer jurisdiction in respect of certain offences committed outside the United Kingdom; and for connected purposes.

[30th June 1978]

Modifications etc. (not altering text)

C1Act applied (15.11.1993) by S.I. 1993/2533, art.2; London Gazette No. 53484, Friday 12th November 1993.

Commencement Information

I1Act not in force at Royal Assent. Act wholly in force at 21.8.1978 see s. 9(3)

1 Cases in which certain offences are not to be regarded as of a political character.U.K.

(1)This section applies to any offence of which a person is accused or has been convicted outside the United Kingdom if the act constituting the offence, or the equivalent act, would, if it took place in any part of the United Kingdom or, in the case of an extra-territorial offence, in corresponding circumstances outside the United Kingdom, constitute one of the offences listed in Schedule 1 to this Act.

(2)For the purposes mentioned in subsection (3) below—

(a)no offence to which this section applies shall be regarded as an offence of a political character; and

(b)no proceedings in respect of an offence to which this section applies shall be regarded as a criminal matter of a political character or as criminal proceedings of a political character.

(3)Those purposes are—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c)the purposes of the M1Backing of Warrants (Republic of Ireland) Act 1965 in relation to any warrant issued in the Republic of Ireland to which this paragraph applies by virtue of an order under subsection (4) below; [F2and

(d)the purposes of section 5 of the M2Extradition Act 1873 (evidence for foreign criminal matters) and section 5 of the M3Evidence (Proceedings in Other Jurisdictions) Act 1975 (evidence for criminal proceedings outside the United Kingdom) in relation to—

(i)any criminal proceedings instituted in a convention country (not being the Republic of Ireland) after the coming into force of this sub-paragraph; and

(ii)any criminal proceedings in the Republic of Ireland to which this sub-paragraph applies by virtue of an order under subsection (4) below.]

(4)The Secretary of State may by order direct that subsection (3)(c) above shall apply to warrants of the kind mentioned in section 1(1)(a) of the said Act of 1965 issued while the order is in force, [F3and that subsection (3)(d)(ii) above shall apply to criminal proceedings instituted in the Republic of Ireland while the order is in force.]

(5)On the revocation of an order made under subsection (4) above—

(a)subsection (3)(c) above shall cease to apply to any warrant issued while the order was in force; [F3and

(b)subsection (3)(d)(ii) above shall cease to apply to any criminal proceedings instituted while the order was in force,]

but without prejudice to the validity of anything done while the order was in force.

Textual Amendments

F2S. 1(3)(d), together with the word “and” immediately preceding it repealed (prosp.) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), ss. 31(3), 32(2), Sch. 5

Modifications etc. (not altering text)

C3S. 1(3)(c) applied by S.I. 1989/2313, art. 2

C5S. 1(3)(d)(ii) applied by S.I. 1989/2313, art. 2

Marginal Citations

2 Restriction on return of criminal under Extradition Act 1870, or to Republic of Ireland, in certain cases.U.K.

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(2)In relation to any warrant issued in the Republic of Ireland which specifies an offence to which section 1 above applies, being a warrant to which paragraph (c) of subsection (3) of that section applies as mentioned in that paragraph, the M4Backing of Warrants (Republic of Ireland) Act 1965 shall have effect as if at the end of section 2(2), as amended by the M5Criminal Jurisdiction Act 1975, (cases where warrant from Republic of Ireland is not to be executed) there were added the following words— or

(e)that there are substantial grounds for believing—

(i)that the warrant was in fact issued in order to secure the return of the person named or described in it to the Republic for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(ii)that he would, if returned there, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions..

Editorial Information

X1The text of ss. 2(2), 6, 9(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Marginal Citations

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

4 Jurisdiction in respect of offences committed outside United Kingdom.U.K.

(1)If a person, whether a citizen of the United Kingdom and Colonies or not, does in a convention country any act which, if he had done it in a part of the United Kingdom, would have made him guilty in that part of the United Kingdom of—

(a)an offence mentioned in paragraph 1, 2, 4, 5, 10, 11, [F611B,]12, 13, 14 or 15 of Schedule 1 to this Act; or

(b)an offence of attempting to commit any offence so mentioned,

he shall, in that part of the United Kingdom, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had done it there.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3)If a person who is a national of a convention country but not a citizen of the United Kingdom and Colonies does outside the United Kingdom and that convention country any act which makes him in that convention country guilty of an offence and which, if he had been a citizen of the United Kingdom and Colonies, would have made him in any part of the United Kingdom guilty of an offence mentioned in paragraph 1, 2 or 13 of Schedule 1 to this Act, he shall, in any part of the United Kingdom, be guilty of the offence or offences aforesaid of which the act would have made him guilty if he had been such a citizen.

(4)Proceedings for an offence which [F8(disregarding the provisons of the M6Internationally Protected Persons Act 1978) [F9and the Nuclear Material (Offences) Act 1983]] would not be an offence apart from this section shall not be instituted—

(a)in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland; or

(b)in England and Wales, except by or with the consent of the Attorney General;

and references to a consent provision in Article 7(3) to (5) of the M7Prosecution of Offences (Northern Ireland) Order 1972 (which relates to consents to prosecutions) shall include so much of this subsection as precedes paragraph (b).

(5)Without prejudice to any jurisdiction exercisable apart from this subsection, every sheriff court in Scotland shall have jurisdiction to entertain proceedings for an offence which [F8(disregarding the provisions of the M8Internationally Protected Persons Act 1978 [F9and the Nuclear Material (Offences) Act 1983])]would not be an offence in Scotland apart from this section.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(7)For the purposes of this section any act done—

(a)on board a ship registered in a convention country, being an act which, if the ship had been registered in the United Kingdom, would have constituted an offence within the jurisdiction of the Admiralty; or

(b)on board an aircraft registered in a convention country while the aircraft is in flight elsewhere than in or over that country; or

(c)on board a hovercraft registered in a convention country while the hovercraft is in journey elsewhere than in or over that country,

shall be treated as done in that convention country; [F10and subsection (4) of section 92 of the Civil Aviation Act 1982 (definition of ’in flight’ or, as applied to hovercraft, ’in journey’) shall apply for the purposes of this subsection as it applies for the purposes of that section.]

5 Power to apply provisions of Act to non-convention countries.U.K.

(1)In the case of any country which, not being a convention country, is either—

(a)a designated Commonwealth country within the meaning of the [F11Extradition Act 1989]or

(b)a foreign state with which there is in force an arrangement of the kind described in section 2 of the Extradition Act 1870 [F12or in the Extradition Act 1989] with respect to the surrender to that state of fugitive criminals; or

[F13(c)a colony]

the Secretary of State may by order direct—

(i)in the case of a country within paragraph (a) or (b) above, that all or any of the provisions [F14to which this paragraph applies] shall apply in relation to that country (subject to such exceptions, if any, as may be specified in the order) as they apply in relation to a convention country; or

(ii)in the case of a country within paragraph (c) above, that the provisions of section 4 above shall so apply in relation to that country;

and while such an order is in force in the case of any country, the provisions in question shall apply in relation to it accordingly.

[F15(1A)Subsection (1)(i) above applies—

(a)to the provisions of this Act which would, apart from this section, apply only in relation to convention countries; and

(b)to section 24(1) and (2) of the Extradition Act 1989.]

(2)The Secretary of State may, at any time when the Republic of Ireland is not a convention country, by order direct that section 4 above shall apply in relation to the Republic as if it were a convention country; and while such an order is in force, that section shall apply in relation to the Republic accordingly.

(3)An order under subsection (2) above shall, unless previously revoked, cease to have effect if the Republic of Ireland subsequently becomes a convention country.

X26 Amendment of Criminal Jurisdiction Act 1975, Sch. 3.N.I.

(1)For paragraph 2(2) of Schedule 3 to the M9Criminal Jurisdiction Act 1975 (postponement of operation of order for return to Republic of Ireland of person accused of extraterritorial offence where he is serving a sentence imposed for any offence) there shall be substituted—

(2)If at the time when the order under this paragraph is made the accused stands charged with or convicted of an offence other than the extra-territorial offence, so much of the order as directs him to be delivered as aforesaid shall not take effect until the conclusion of the proceedings (including any appeal or retrial) in respect of that other offence and of any sentence of imprisonment or detention imposed in those proceedings..

(2)This section shall extend to Northern Ireland only.

Editorial Information

X2The text of ss. 2(2), 6, 9(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

7 Extension to Channel Islands, Isle of Man and other countries.U.K.

(1)Subject to subsection (2) below, this Act shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.

(2)Her Majesty may by Order in Council direct that this Act shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.

(3)Her Majesty may by Order in Council make provision for extending any provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any colony, other than a colony for whose external relations a country other than the United Kingdom is responsible, or any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

(4)An Order in Council under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)An Order in Council under subsection (2) or (3) above may be varied or revoked by a subsequent Order in Council under that subsection.

8 Provisions as to interpretation and orders. U.K.

(1)In this Act—

(2)Except so far as the context otherwise requires, any reference in this Act to an enactment is a reference to it as amended by or under any other enactment, including this Act.

(3)For the purpose of construing references in this Act to other Acts, section 38(1) of the M12Interpretation Act 1889 shall apply in cases of repeal and re-enactment by a Measure of the Northern Ireland Assembly or by an Order in Council under the M13Northern Ireland Act 1974 as it applies in cases of repeal and re-enactment by an Act.

(4)Any power to make an order conferred on the Secretary of State by any provision of this Act—

(a)shall be exercisable by statutory instrument; and

(b)shall include power to revoke or vary a previous order made under that provision.

(5)No order shall be made—

(a)under section 1(4) above at a time when the Republic of Ireland is not a convention country; or

(b)under section 5 above at any time,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(6)Any statutory instrument containing an order made under section 1(4) above at a time when the Republic of Ireland was a convention country or an order made under subsection (1) above shall be laid before Parliament after being made.

Modifications etc. (not altering text)

Marginal Citations

9 Short title, repeals and commencement.U.K.

(1)This Act may be cited as the Suppression of Terrorism Act 1978.

X3(2)The enactments specified in Schedule 2 to this Act (which contains provisions superseded by section 3 above) are hereby repealed to the extent specified in the third column of that Schedule.

(3)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes.

Editorial Information

X3The text of ss. 2(2), 6, 9(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Subordinate Legislation Made

P121.8.1978 appointed under s. 9(3) by S.I. 1978/1063

SCHEDULES

Sections 1 and 4.

SCHEDULE 1U.K. List of Offences

Common law offencesU.K.

1U.K.Murder.

2U.K.Manslaughter or culpable homicide.

Modifications etc. (not altering text)

3Rape.

4U.K.Kidnapping, abduction or plagium.

Modifications etc. (not altering text)

5U.K.False imprisonment.

Modifications etc. (not altering text)

6U.K.Assault occasioning actual bodily harm or causing injury.

7U.K.Wilful fire-raising.

Modifications etc. (not altering text)

Offences against the personU.K.

8U.K.An offence under any of the following provisions of the Offences against the M14Person Act 1861—

[F16(za)section 4 (soliciting etc. to commit murder);]

(a)section 18 (wounding with intent to cause grievous bodily harm);

(b)section 20 (causing grievous bodily harm);

(c)section 21 (attempting to choke etc. in order to commit or assist in the committing of any indictable offence);

(d)section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence);

(e)section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm);

(f)section 24 (maliciously administering poison etc. with intent to injure etc.);

(g)section 48 (rape).

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

9An offence under section 1 of the M15Sexual Offences Act 1956 (rape).

Marginal Citations

[F179AU.K.The offence of torture under section 134 of the Criminal Justice Act 1988.]

AbductionU.K.

10U.K.An offence under any of the following provisions of the Offences against the M16Person Act 1861—

(a)section 55 (abduction of unmarried girl under 16);

(b)section 56 (child-stealing or receiving stolen child).

Modifications etc. (not altering text)

Marginal Citations

11An offence under section 20 of the M17Sexual Offences Act 1956 (abduction of unmarried girl under 16).

Modifications etc. (not altering text)

Marginal Citations

[F18 Taking of hostagesU.K.

11AU.K.An offence under the Taking of Hostages Act 1982.]

Modifications etc. (not altering text)

[F1911BU.K.An offence under section 2 of the Child Abduction Act 1984 (abduction of child by person other than parent etc.) or any corresponding provision in force in Northern Ireland.]

ExplosivesU.K.

12U.K.An offence under any of the following provisions of the Offences against the M18Person Act 1861—

(a)section 28 (causing bodily injury by gunpowder);

(b)section 29 (causing gunpowder to explode etc. with intent to do grievous bodily harm);

(c)section 30 (placing gunpowder near a building etc. with intent to cause bodily injury).

Modifications etc. (not altering text)

Marginal Citations

13U.K.An offence under any of the following provisions of the M19Explosive Substances Act 1883—

Modifications etc. (not altering text)

Marginal Citations

[F20 Nuclear materialU.K.

13AU.K.An offence under any provision of the Nuclear Material (Offences) Act 1983.]

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

(b)section 3 (doing any act with intent to cause such an explosion, conspiring to cause such an explosion, or making or possessing explosive with intent to endanger life or property).

FirearmsU.K.

14U.K.The following offences under the M20Firearms Act 1968—

(a)an offence under section 16 (possession of firearm with intent to injure);

(b)an offence under subsection (1) of section 17 (use of firearm or imitation firearm to resist arrest) involving the use or attempted use of a firearm within the meaning of that section.

Modifications etc. (not altering text)

Marginal Citations

15The following offences under the [F21Firearms (Northern Ireland) Order 1981]

(a)an offence under [F22Article 17]consisting of a person’s having in his possession any firearm or ammunition (within the meaning of [F23that Article]) with intent by means thereof to endanger life, or to enable another person by means thereof to endanger life;

(b)an offence under [F24paragraph (1) of Article 18] (use of firearm or imitation firearm to resist arrest) involving the use or attempted use of a firearm within the meaning of [F25that Article].

Textual Amendments

Modifications etc. (not altering text)

Offences against propertyU.K.

16U.K.An offence under section 1(2) of the M21Criminal Damage Act 1971 (destroying or damaging property intending to endanger life or being reckless as to danger to life).

Modifications etc. (not altering text)

Marginal Citations

17U.K.An offence under Article 3(2) of the M22Criminal Damage (Northern Ireland) Order 1977 (destroying or damaging property intending to endanger life or being reckless as to danger to life).

Modifications etc. (not altering text)

Marginal Citations

Offences in relation to aircraftU.K.

[F2618U.K.An offence under Part I of the Aviation Security Act 1982 (other than an offence under section 4 or 7 of that Act)]

Textual Amendments

Modifications etc. (not altering text)

[F2718AU.K.An offence under section 1 of the Aviation and Maritime Security Act 1990.]

Offences relating to ships and fixed platformsU.K.

18BU.K.An offence under Part II of the Aviation and Maritime Security Act 1990 (other than an offence under section 15 of that Act).

Valid from 05/03/1994

[F28Offences relating to Channel Tunnel trains and the tunnel system]U.K.

Extent Information

E1Sch. 1 para. 18C and crossheading apply outside the United Kingdom only where jurisdiction is conferred by art. 30 or 38 of the international articles as defined in S.I. 1994/570, art. 3(1)(3).

Textual Amendments

F28Sch. 1 para. 18C and crossheading inserted (5.3.1994) by S.I. 1994/570, art. 38, Sch. 3 para.2.

[F2918CU.K.An offence under Part II of the Channel Tunnel (Security) Order 1994 No. 570.]

Extent Information

E2Sch. 1 para. 18C and crossheading apply outside the United Kingdom only where jurisdiction is conferred by art. 30 or 38 of the international articles as defined in S.I. 1994/570, art. 3(1)(3).

Textual Amendments

F29Sch. 1 para. 18C and crossheading inserted (5.3.1994) by S.I. 1994/570, art. 38, Sch. 3 para.2.

[F30 Financing terrorism]U.K.

19AAn offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989

AttemptsU.K.

20U.K.An offence of attempting to commit any offence mentioned in a preceding paragraph of this Schedule.

Modifications etc. (not altering text)

[F31 ConspiracyU.K.

21U.K.An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.]

Section 9.

X4SCHEDULE 2U.K. Repeals

Editorial Information

X4The text of ss. 2(2), 6, 9(2), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.