Part 2Post-charge questioning of terrorist suspects

27Meaning of “terrorism offence”

1

For the purposes of sections 22 to 24 (post-charge questioning) the following are terrorism offences—

a

an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

  • sections 11 to 13 (offences relating to proscribed organisations),

  • sections 15 to 19, 21A and 21D (offences relating to terrorist property),

  • sections 38B and 39 (disclosure of and failure to disclose information about terrorism),

  • section 54 (weapons training),

  • sections 56 to 58A (directing terrorism, possessing things and collecting information for the purposes of terrorism),

  • sections 59 to 61 (inciting terrorism outside the United Kingdom),

  • paragraph 14 of Schedule 5 (order for explanation of material: false or misleading statements),

  • paragraph 1 of Schedule 6 (failure to provide customer information in connection with a terrorist investigation),

  • paragraph 18 of Schedule 7 (offences in connection with port and border controls);

b

an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

c

an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things);

d

an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

  • sections 1 and 2 (encouragement of terrorism),

  • sections 5, 6 and 8 (preparation and training for terrorism),

  • sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);

e

an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc);

f

an offence under paragraph 8 or 9 of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 (c. 6) (offences in connection with searches for munitions and transmitters in Northern Ireland).

2

Any ancillary offence in relation to an offence listed in subsection (1) is a terrorism offence for the purposes of sections 22 to 24.

3

The Secretary of State may by order amend subsection (1).

4

Any such order is subject to affirmative resolution procedure.