(1)A person commits an offence if he belongs or professes to belong to a proscribed organisation.
(2)It is a defence for a person charged with an offence under subsection (1) to prove—
(a)that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
(b)that he has not taken part in the activities of the organisation at any time while it was proscribed.
(3)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F114] years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(4)In subsection (2) “proscribed” means proscribed for the purposes of any of the following—
(a)this Act;
(b)the M1Northern Ireland (Emergency Provisions) Act 1996;
(c)the M2Northern Ireland (Emergency Provisions) Act 1991;
(d)the M3Prevention of Terrorism (Temporary Provisions) Act 1989;
(e)the M4Prevention of Terrorism (Temporary Provisions) Act 1984;
(f)the M5Northern Ireland (Emergency Provisions) Act 1978;
(g)the M6Prevention of Terrorism (Temporary Provisions) Act 1976;
(h)the M7Prevention of Terrorism (Temporary Provisions) Act 1974;
(i)the M8Northern Ireland (Emergency Provisions) Act 1973.
Textual Amendments
F1Word in s. 11(3)(a) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 26(1)(a), 50(2)(m) (with s. 26(3))
Marginal Citations
(1)A person commits an offence if—
(a)he invites support for a proscribed organisation, and
(b)the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).
[F2(1A)A person commits an offence if the person—
(a)expresses an opinion or belief that is supportive of a proscribed organisation, and
(b)in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.]
(2)A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is—
(a)to support a proscribed organisation,
(b)to further the activities of a proscribed organisation, or
(c)to be addressed by a person who belongs or professes to belong to a proscribed organisation.
(3)A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.
(4)Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.
(5)In subsections (2) to (4)—
(a)“meeting” means a meeting of three or more persons, whether or not the public are admitted, and
(b)a meeting is private if the public are not admitted.
(6)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F314] years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Textual Amendments
F2S. 12(1A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 1, 27(3) (with s. 25(1))
F3Word in s. 12(6)(a) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 26(1)(b), 50(2)(m) (with s. 26(3))
(1)A person in a public place commits an offence if he—
(a)wears an item of clothing, or
(b)wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
[F5(1A)A person commits an offence if the person publishes an image of—
(a)an item of clothing, or
(b)any other article,
in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
(1B)In subsection (1A) the reference to an image is a reference to a still or moving image (produced by any means).]
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person guilty of an offence under this section shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding six months,
(b)a fine not exceeding level 5 on the standard scale, or
(c)both.
[F7(4)A constable may seize an item of clothing or any other article if the constable—
(a)reasonably suspects that it is evidence in relation to an offence under subsection (1), and
(b)is satisfied that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
(5)In connection with exercising the power in subsection (4), a constable may require a person to remove the item of clothing or other article if the person is wearing it.
(6)But the powers conferred by subsections (4) and (5) may not be exercised so as to seize, or require a person to remove, an item of clothing being worn next to the skin or immediately over a garment being worn as underwear.]
Textual Amendments
F4Words in s. 13 heading inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 2(2), 27(3) (with s. 25(1))
F5S. 13(1A)(1B) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 2(3), 27(3) (with s. 25(1))
F6S. 13(2) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 36
F7S. 13(4)-(6) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 2(4), 27(3) (with s. 25(1))