Anti-terrorism, Crime and Security Act 2001 (c. 24)

Part 13 U.K. Miscellaneous

Dangerous substances U.K.

113 Use of noxious substances or things to cause harm and intimidate U.K.

(1) A person who takes any action which—

(a) involves the use of a noxious substance or other noxious thing;

(b) has or is likely to have an effect falling within subsection (2); and

(c) is designed to influence the government [F1 or an international governmental organisation] or to intimidate the public or a section of the public,

is guilty of an offence.

(2) Action has an effect falling within this subsection if it—

(a) causes serious violence against a person anywhere in the world;

(b) causes serious damage to real or personal property anywhere in the world;

(c) endangers human life or creates a serious risk to the health or safety of the public or a section of the public; or

(d) induces in members of the public the fear that the action is likely to endanger their lives or create a serious risk to their health or safety;

but any effect on the person taking the action is to be disregarded.

(3) A person who—

(a) makes a threat that he or another will take any action which constitutes an offence under subsection (1); and

(b) intends thereby to induce in a person anywhere in the world the fear that the threat is likely to be carried out,

is guilty of an offence.

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

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

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine (or both).

(5) In this section—

• “the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom; and

• “the public” includes the public of a country other than the United Kingdom.

Textual Amendments

F1 Words in s. 113(1)(c) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 34(b), 39(2); S.I. 2006/1013, art. 2

[F2 113A Application of section 113 U.K.

(1) Section 113 applies to conduct done—

(a) in the United Kingdom; or

(b) outside the United Kingdom which satisfies the following two conditions.

(2) The first condition is that the conduct is done for the purpose of advancing a political, religious [F3 , racial] or ideological cause.

(3) The second condition is that the conduct is—

(a) by a United Kingdom national or a United Kingdom resident;

(b) by any person done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person; or

(c) by any person done in circumstances which fall within section 63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.

(4) The following expressions have the same meaning as they have for the purposes of sections 63C and 63D of that Act—

(a) “United Kingdom national”;

(b) “United Kingdom resident”;

(c) “protected person”.

(5) For the purposes of this section it is immaterial whether a person knows that another is a United Kingdom national, a United Kingdom resident or a protected person.

Textual Amendments

F2 Ss. 113A, 113B inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 53, 94; S.I. 2004/786, art. 3

F3 Word in s. 113A(2) inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 75(1)(2)(b), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(c)

113B Consent to prosecution for offence under section 113 U.K.

(1) Proceedings for an offence committed under section 113 outside the United Kingdom are not to be started—

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

(b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.

(2) Proceedings for an offence committed under section 113 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.

(3) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.]

Textual Amendments

F2 Ss. 113A, 113B inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 53, 94; S.I. 2004/786, art. 3

114 Hoaxes involving noxious substances or things U.K.

(1) A person is guilty of an offence if he—

(a) places any substance or other thing in any place; or

(b) sends any substance or other thing from one place to another (by post, rail or any other means whatever);

with the intention of inducing in a person anywhere in the world a belief that it is likely to be (or contain) a noxious substance or other noxious thing and thereby endanger human life or create a serious risk to human health.

(2) A person is guilty of an offence if he communicates any information which he knows or believes to be false with the intention of inducing in a person anywhere in the world a belief that a noxious substance or other noxious thing is likely to be present (whether at the time the information is communicated or later) in any place and thereby endanger human life or create a serious risk to human health.

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

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

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both).

115 Sections 113 and 114: supplementary U.K.

(1) For the purposes of sections 113 and 114 “substance” includes any biological agent and any other natural or artificial substance (whatever its form, origin or method of production).

(2) For a person to be guilty of an offence under section 113(3) or 114 it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief in question.