Terrorist Offenders (Restriction of Early Release) Act 2020

Section 3

SCHEDULE 2 Terrorist offences carrying restricted eligibility for release on licence: Scotland

This is the Schedule to be inserted as Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993—

Section 1AB

“SCHEDULE 1A Terrorist offences carrying restricted eligibility for release on licence

PART 1 Offences under counter-terrorism legislation

1 An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of proscribed organisations);

(b) section 12 (inviting or expressing support for terrorist organisations);

(c) section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 54 (weapons training);

(m) section 56 (directing terrorist organisations);

(n) section 57 (possession of articles for terrorist purposes);

(o) section 58 (collection, possession or viewing of information useful for terrorism);

(p) section 58A (eliciting, publishing or communicating information about members of armed forces or police etc);

(q) section 58B (presence in designated overseas areas);

(r) section 59 (inciting terrorism overseas: England and Wales);

(s) section 60 (inciting terrorism overseas: Northern Ireland);

(t) section 61 (inciting terrorism overseas: Scotland).

2 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 50 (assisting or inducing weapons-related acts overseas);

(b) section 67 (offences under Part 7 of that Act: security of pathogens and toxins);

(c) section 79 (disclosure of information etc relating to nuclear security);

(d) section 113 (use of noxious substances to harm or intimidate).

3 An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouraging acts of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at places used for terrorist training);

(f) section 9 (making or possessing radioactive devices or materials);

(g) section 10 (misuse of radioactive devices or materials or nuclear facilities);

(h) section 11 (threats relating to radioactive devices or materials or nuclear facilities).

4 An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

5 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

6 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

7 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

8 An offence that—

(a) was abolished before the coming into force of this Schedule, and

(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in the preceding paragraphs of this Part of this Schedule.

PART 2 Offences which may be determined to have a terrorist connection under the Counter-Terrorism Act 2008

9 Manslaughter.

10 Culpable homicide.

11 Kidnapping.

12 Abduction.

13 Assault by explosive device under the law of Scotland.

14 Assault to severe injury under the law of Scotland.

15 Assault and poisoning under the law of Scotland.

16 Poisoning under the law of Scotland.

17 False imprisonment under the law of Northern Ireland.

18 An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent);

(c) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(d) section 28 (causing bodily injury by explosives);

(e) section 29 (using explosives etc with intent to do grievous bodily harm);

(f) section 30 (placing explosives with intent to do bodily injury).

19 An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories).

20 An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).

21 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

22 An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles);

(e) section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).

23 An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);

(c) section 2 (offences involving preparatory acts and threats), so far as relating to an offence specified in this Schedule.

24 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 14(4) (inducing or assisting commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

25 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

26 An offence under any of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment for producing chemical weapons).

27 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001 —

(a) section 47 (use etc of nuclear weapons);

(b) section 114 (hoaxes involving noxious substances or things).

28 An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports);

(e) paragraph 5 (offences in relation to certain dangerous articles).

29 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

30 (1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.”