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- Point in Time (01/03/2007)
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There are currently no known outstanding effects for the Anti-terrorism, Crime and Security Act 2001, Cross Heading: Terrorism Act 2000.
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(1)The Terrorism Act 2000 (c. 11) is amended as follows.
(2)After section 38 insert—
(1)This section applies where a person has information which he knows or believes might be of material assistance—
(a)in preventing the commission by another person of an act of terrorism, or
(b)in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.
(2)The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).
(3)Disclosure is in accordance with this subsection if it is made—
(a)in England and Wales, to a constable,
(b)in Scotland, to a constable, or
(c)in Northern Ireland, to a constable or a member of Her Majesty’s forces.
(4)It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.
(5)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both.
(6)Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1).”
(3)In section 39(3) (disclosure of information etc.), after “21” insert “ or 38B ”.
(1)Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.
(2)In paragraph 2(2)(b), at the end insert “or his travelling by air within Great Britain or within Northern Ireland.”
(3)In paragraph 2(3), for “in Great Britain or Northern Ireland.” substitute “ at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). ”
(4)For paragraph 9(2) substitute—
“(2)This paragraph applies to—
(a)goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and
(b)goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).”
(1)Paragraph 17 of Schedule 7 to the Terrorism Act 2000 (c. 11) (port and border controls: passenger information) is amended as follows.
(2)For sub-paragraph (1) substitute—
“(1)This paragraph applies to a ship or aircraft which—
(a)arrives or is expected to arrive in any place in the United Kingdom (whether from another place in the United Kingdom or from outside the United Kingdom), or
(b)leaves or is expected to leave the United Kingdom.”
(3)In sub-paragraph (4)—
(a)omit the “or” at the end of paragraph (b), and
(b)after paragraph (c) add— “, or
(d)to goods.”
(1)In section 54(1) and (2) of the Terrorism Act 2000 (weapons training for terrorists), after paragraph (a) insert—
“(aa)radioactive material or weapons designed or adapted for the discharge of any radioactive material,”.
(2)In section 55 of that Act (definitions)—
(a)for the definition of “biological weapon” substitute—
““biological weapon” means a biological agent or toxin (within the meaning of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies,”;
(b)after the definition of “chemical weapon” insert—
““radioactive material” means radioactive material capable of endangering life or causing harm to human health,”;
and
(c)the definition of “nuclear weapon” shall cease to have effect.
(1)The Terrorism Act 2000 (c. 11) is amended as follows.
(2)In paragraph 18 of Schedule 5 (terrorist investigations: application to Northern Ireland)—
(a)omit paragraph (e);
(b)in paragraph (g) for “county court judge” substitute “ Crown Court judge ”.
(3)In paragraph 20 of that Schedule (powers of Secretary of State), in sub-paragraphs (2) and (3)(a) for “county court judge” substitute “ Crown Court judge ”.
(4)In paragraph 3(c) of Schedule 6 (persons by whom financial information orders may be made) for “county court judge” substitute “ Crown Court judge ”.
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