- Latest available (Revised)
- Point in Time (04/09/1998)
- Original (As enacted)
Point in time view as at 04/09/1998. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Criminal Justice (Terrorism and Conspiracy) Act 1998, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies if—
(a)a person is convicted of an offence under section 2 of the M1Prevention of Terrorism (Temporary Provisions) Act 1989 (membership etc of proscribed organisations), and
(b)at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 2A of that Act.
(2)This section also applies if—
(a)a person is convicted of an offence under section 30 of the M2Northern Ireland (Emergency Provisions) Act 1996 (membership etc of proscribed organisations), and
(b)at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 30A of that Act.
(3)The court by or before which the person is convicted may order the forfeiture of any money or other property if—
(a)he had it in his possession or under his control at the time of the offence, and
(b)it has been used in furtherance of or in connection with the activities of the specified organisation, or the court believes it may be so used unless forfeited.
(4)If a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this section, before making such an order in respect of it the court must give him an opportunity to be heard.
(5)The standard of proof required to determine any question arising as to whether subsection (1)(b), (2)(b) or (3)(a) or (b) is satisfied shall be that applicable in civil proceedings.
(6)For the purposes of this section property includes property wherever situated and whether real or personal, heritable or moveable, a thing in action or other intangible or incorporeal property.
(7)Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply in relation to orders under subsection (3) above, and in its application by virtue of this subsection—
(a)the references in paragraphs 1(1), 11(1) and 21(1) to section 13(2), (3) or (4) of that Act shall be treated as references to subsection (3) above;
(b)the references in paragraphs 1(1)(d), 11(1)(d) and 21(1)(d) to section 13(6) of that Act shall be treated as references to subsection (4) above.
(8)This section applies where the offence is committed on or after the day on which this Act is passed, and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day must be taken to be committed on the last of the days in the period.
(9)The following paragraphs apply so far as this section extends to England and Wales and Scotland—
(a)section 27(5) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (duration) shall apply to this section;
(b)for the purposes of section 27 this section shall be treated as having been continued in force by the order under subsection (6) of section 27 which has effect when this Act is passed.
(10)So far as this section extends to Northern Ireland, for the purposes of section 62 of the M3Northern Ireland (Emergency Provisions) Act 1996 (duration etc) it shall be treated as a temporary provision of that Act.
Modifications etc. (not altering text)
C1S. 4 continued in force for a period of 12 months (E.W.S.) (22.3.1999) by S.I. 1999/906, art. 2(b)
S. 4 continued in force for a period of 12 months (N.I.) (16.6.1999) by S.I. 1999/1709, art. 2(a)
S. 4 continued in force for a period of 12 months (E.W.S) (22.3.2000) by S.I. 2000/835, art. 2(b)
S. 4 continued in force (N.I.) (16.6.2000 and ending with 24.8.2000) by S.I. 2000/1608, art. 2(a)
S. 4 continued in force for a period of 12 months (20.7.2000) by 2000 c. 11, s. 2, Sch. 1 paras. 1(1), 2(1) (which continuation ceased to have effect (19.2.2001) by S.I. 2001/421, art. 3)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: