Counter-Terrorism Act 2008
2008 c. 28
An Act to confer further powers to gather and share information for counter-terrorism and other purposes; to make further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; to impose notification requirements on persons convicted of such offences; to confer further powers to act against terrorist financing, money laundering and certain other activities; to provide for review of certain Treasury decisions and about evidence in, and other matters connected with, review proceedings; to amend the law relating to inquiries; to amend the definition of “terrorism”; to amend the enactments relating to terrorist offences, control orders and the forfeiture of terrorist cash; to provide for recovering the costs of policing at certain gas facilities; to amend provisions about the appointment of special advocates in Northern Ireland; and for connected purposes. 9
[26th November 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
18 Destruction of national security material not subject to existing statutory restrictions
(1) This section applies to fingerprints, DNA samples and DNA profiles that—
(a) are held for the purposes of national security by a law enforcement authority under the law of England and Wales or Northern Ireland, and
(b) are not held subject to existing statutory restrictions.
(2) Material to which this section applies (“section 18 material”) must be destroyed if it appears to the responsible officer that the condition in subsection (3) is not met.
(3) The condition is that the material has been—
(a) obtained by the law enforcement authority pursuant to an authorisation under Part 3 of the Police Act 1997 (authorisation of action in respect of property),
(b) obtained by the law enforcement authority in the course of surveillance, or use of a covert human intelligence source, authorised under Part 2 of the Regulation of Investigatory Powers Act 2000,
(c) supplied to the law enforcement authority by another law enforcement authority, or
(d) otherwise lawfully obtained or acquired by the law enforcement authority for any of the purposes mentioned in section 18D(1).
(4) In any other case, section 18 material must be destroyed unless it is retained by the law enforcement authority under any power conferred by section 18A , 18AA or 18B, but this is subject to subsection (5).
(5) A DNA sample to which this section applies must be destroyed—
(a) as soon as a DNA profile has been derived from the sample, or
(b) if sooner, before the end of the period of 6 months beginning with the date on which it was taken.
(6) Section 18 material which ceases to be retained under a power mentioned in subsection (4) may continue to be retained under any other such power which applies to it.
(7) Nothing in this section prevents section 18 material from being checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority within such time as may reasonably be required for the check, if the responsible officer considers the check to be desirable.
(8) For the purposes of subsection (1), the following are “existing statutory restrictions”—
(a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971;
(b) sections 22, 63A and 63D to 63U of the Police and Criminal Evidence Act 1984 and any corresponding provision in an order under section 113 of that Act;
(c) Articles 24, 63A and 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
(d) section 2(2) of the Security Service Act 1989;
(e) section 2(2) of the Intelligence Services Act 1994;
(f) paragraphs 20(3) and 20A to 20J of Schedule 8 to the Terrorism Act 2000;
(g) section 56 of the Criminal Justice and Police Act 2001;
(h) paragraph 8 of Schedule 4 to the International Criminal Court Act 2001;
(i) sections 73, 83, 87, 88 and 89 of the Armed Forces Act 2006 and any provision relating to the retention of material in an order made under section 74, 93 or 323 of that Act;
(j) paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011;
(k) paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
(l) Part 4 of Schedule 6 to the National Security Act 2023;
(m) paragraphs 5 to 15 of Schedule 12 to that Act.
(1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsections (4) to (9).
(2) The retention period is—
(a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and
(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
(3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence or recordable-equivalent offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely.
(4) Section 18 material which is not a DNA sample may be retained indefinitely if—
(a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates (a “pseudonymised form”), and
(b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates.
(5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if—
(a) the law enforcement authority comes to know the identity of the person to whom the material relates, and
(b) the material relates to a person who has no previous convictions or only one exempt conviction,
the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6).
(6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority.
(7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if—
(a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority,
(b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates,
(c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and
(d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.
(8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if—
(a) the law enforcement authority ceases to hold the material in a pseudonymised form, and
(b) the material relates to a person who has no previous convictions or only one exempt conviction,
the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9).
(9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.
(1) This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.
(2) The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn.
(3) If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn.
(4) In this section—
“INTERPOL” means the organisation called the International Criminal Police Organization - INTERPOL;
“the National Central Bureau” means the body appointed for the time being in accordance with INTERPOL’s constitution to serve as the United Kingdom’s National Central Bureau.
(5) The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.
18AB Retention of material from INTERPOL: supplementary
(1) The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of—
(a) changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”),
(b) changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or
(c) changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.
(2) Regulations under this section are subject to affirmative resolution procedure.
(1) Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer , or by a chief officer of police, has effect in relation to it.
(2) A national security determination is made if the responsible officer , or a chief officer of police, determines that it is necessary for any such section 18 material to be retained for the purposes of national security.
(3) A national security determination—
(a) must be made in writing,
(b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and
(c) may be renewed.
(4) In this section “chief officer of police” means a person other than the responsible officer who is—
(a) the chief officer of police of a police force in England and Wales, or
(b) the Chief Constable of the Police Service of Northern Ireland.
(1) This section applies where section 18 material is or includes a person's fingerprints (“the original fingerprints”).
(2) An appropriate officer may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if conditions 1 and 2 are met.
(3) Condition 1 is met if the further fingerprints—
(a) are section 18 material, or
(b) are taken under—
(i) Part 5 of the Police and Criminal Evidence Act 1984,
(ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
(iii) paragraph 10 of Schedule 8 to the Terrorism Act 2000,
(iv) paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or
(v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
(4) Condition 2 is met if both the original fingerprints and the further fingerprints—
(a) are held by a law enforcement authority under the law of England and Wales, or
(b) are held by a law enforcement authority under the law of Northern Ireland.
(5) Where a determination under this section is made in respect of the further fingerprints—
(a) the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by section 18A , 18AA or 18B, and
(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).
(6) Subsection (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.
(7) A written record must be made of a determination under this section.
(8) In this section—
“appropriate officer” means—
a constable, or
an officer of Revenue and Customs who is not below such grade as is designated for the purposes of this section by the Commissioners for Her Majesty's Revenue and Customers;
“enactment” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.
(1) If fingerprints are required by section 18 to be destroyed, any copies of the fingerprints held by the law enforcement authority concerned must also be destroyed.
(2) If a DNA profile is required by that section to be destroyed, no copy may be retained by the law enforcement authority concerned except in a form which does not include information which identifies the person to whom the DNA profile relates.
(1) Section 18 material must not be used other than—
(a) in the interests of national security,
(b) for the purposes of a terrorist investigation,
(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
(d) for purposes related to the identification of a deceased person or of the person to whom the material relates.
(2) Subject to subsection (1), section 18 material may be checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority or the Scottish Police Authority if the responsible officer considers the check to be desirable.
(3) Material which is required by section 18 to be destroyed must not at any time after it is required to be destroyed be used—
(a) in evidence against the person to whom the material relates, or
(b) for the purposes of the investigation of any offence.
(4) In this section—
(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
(b) the reference to crime includes a reference to any conduct which—
(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or
(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and
(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.
(1) A person may disclose information to any of the intelligence services for the purposes of the exercise by that service of any of its functions.
(2) Information obtained by any of the intelligence services in connection with the exercise of any of its functions may be used by that service in connection with the exercise of any of its other functions.
(3) Information obtained by the Security Service for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions,
(b) for the purpose of the prevention or detection of serious crime, or
(c) for the purpose of any criminal proceedings.
(4) Information obtained by the Secret Intelligence Service for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions,
(b) in the interests of national security,
(c) for the purpose of the prevention or detection of serious crime, or
(d) for the purpose of any criminal proceedings.
(5) Information obtained by GCHQ for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions, or
(b) for the purpose of any criminal proceedings.
(6) A disclosure under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(7) The provisions of this section are subject to section 20 (savings and other supplementary provisions).
20 Disclosure and the intelligence services: supplementary provisions
(1) The provisions of section 19 (disclosure and use of information) do not affect the duties with respect to the obtaining or disclosure of information imposed—
(a) on the Director-General of the Security Service, by section 2(2) of the Security Service Act 1989;
(b) on the Chief of the Intelligence Service, by section 2(2) of the Intelligence Services Act 1994;
(c) on the Director of GCHQ, by section 4(2) of that Act.
(2) Nothing in that section authorises a disclosure that—
(a) contravenes the data protection legislation, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3) The provisions of that section are without prejudice to any rule of law authorising the obtaining, use or disclosure of information by any of the intelligence services.
(4) Schedule 1 contains amendments consequential on that section.
(5) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
21 Disclosure and the intelligence services: interpretation
(1) In sections 19 and 20 “the intelligence services” means the Security Service, the Secret Intelligence Service and GCHQ.
(2) References in section 19 to the functions of those services are—
(a) in the case of the Security Service, to the functions specified in section 1(2) to (4) of the Security Service Act 1989 (c. 5);
(b) in the case of the Secret Intelligence Service, to the functions specified in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13), exercised in accordance with section 1(2) of that Act;
(c) in the case of GCHQ—
(i) to the functions specified in section 3(1)(a) of that Act, exercised in accordance with section 3(2) of that Act, and
(ii) to the functions specified in section 3(1)(b) of that Act.
(3) In sections 19, 20 and this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994 (see section 3(3) of that Act).
(4) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, applies for the purposes of section 19 as it applies for the purposes of the provisions of that Act not contained in Chapter 1 of Part 1.
(1) The following provisions apply in England and Wales.
(2) A judge of the Crown Court may authorise the questioning of a person about an offence—
(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or
(b) after the person has been sent for trial for the offence,
if the offence is a terrorism offence or it appears to the judge that the offence has a terrorist connection.
(3) The judge—
(a) must specify the period during which questioning is authorised, and
(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.
(4) The period during which questioning is authorised—
(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and
(b) must not exceed 48 hours.
This is without prejudice to any application for a further authorisation under this section.
(5) Where the person is in prison or otherwise lawfully detained, the judge may authorise the person's removal to another place and detention there for the purpose of being questioned.
(6) A judge must not authorise the questioning of a person under this section unless satisfied—
(a) that further questioning of the person is necessary in the interests of justice,
(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and
(c) that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.
(7) Codes of practice under section 66 of the Police and Criminal Evidence Act 1984 (c. 60) must make provision about the questioning of a person by a constable in accordance with this section.
(8) Nothing in this section prevents codes of practice under that section making other provision for the questioning of a person by a constable about an offence—
(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or
(b) after the person has been sent for trial for the offence.
(9) In section 34(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (effect of accused's failure to mention facts when questioned or charged: circumstances in which the section applies) after paragraph (b) insert—
; or
(c) at any time after being charged with the offence, on being questioned under section 22 of the Counter-Terrorism Act 2008 (post-charge questioning), failed to mention any such fact,
.
(10) Nothing in section 36 or 37 of that Act (effect of accused's failure or refusal to account for certain matters) is to be read as excluding the operation of those sections in relation to a request made in the course of questioning under this section.
(1) The following provisions apply in Scotland.
(2) On the application of the prosecutor, a sheriff may authorise the questioning of a person about an offence—
(a) after the person has been charged with the offence, or
(b) after the person has appeared on petition in respect of the offence,
if the offence is a terrorism offence or it appears to the sheriff that the offence has a terrorist connection.
(3) The sheriff—
(a) must specify the period during which questioning is authorised, and
(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.
(4) The period during which questioning is authorised—
(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and
(b) must not exceed 48 hours.
This is without prejudice to any application for a further authorisation under this section.
(5) Where the person is in prison or otherwise lawfully detained, the sheriff may authorise the person's removal to another place and detention there for the purpose of being questioned.
(6) A sheriff must not authorise the questioning of a person under this section unless satisfied—
(a) that further questioning of the person is necessary in the interests of justice,
(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and
(c) that what is authorised will not interfere unduly with the preparation of the person's defence to the charge in question or any other criminal charge.
(7) Evidence of any statement obtained from a person as a result of questioning under this section is not inadmissible solely because the questioning occurred after the person had been charged (or had appeared on petition).
(8) In this section “charged” means charged by the police.
(1) This section applies to any interview of a person by a constable under section 22, 23 or 24 (post-charge questioning).
(2) Any such interview must be video recorded, and the video recording must be with sound.
(3) The Secretary of State must issue a code of practice about the video recording of interviews to which this section applies.
(4) The interview and video recording must be conducted in accordance with that code of practice.
(5) A code of practice under this section—
(a) may make provision in relation to a particular part of the United Kingdom, and
(b) may make different provision for different parts of the United Kingdom.
(1) This section applies to the code of practice under section 25 (recording of interviews).
(2) The Secretary of State must—
(a) publish a draft of the proposed code, and
(b) consider any representations made about the draft,
and may modify the draft in the light of the representations made.
(3) The Secretary of State must lay a draft of the code before Parliament.
(4) After laying the draft code before Parliament the Secretary of State may bring it into operation by order.
(5) The order is subject to affirmative resolution procedure.
(6) The Secretary of State may revise a code and issue the revised code, and subsections (2) to (5) apply to a revised code as they apply to an original code.
(7) Failure to observe a provision of a code does not of itself render a constable liable to criminal or civil proceedings.
(8) A code—
(a) is admissible in evidence in criminal and civil proceedings, and
(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(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),
section 58B (entering or remaining in a designated area),
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.
28 Jurisdiction to try offences committed in the UK
(1) Where an offence to which this section applies is committed in the United Kingdom—
(a) proceedings for the offence may be taken at any place in the United Kingdom, and
(b) the offence may for all incidental purposes be treated as having been committed at any such place.
(2) The section applies to—
(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 47 (offences relating to stop and search powers),
section 51 (parking a vehicle in contravention of an authorisation or restriction),
section 54 (weapons training),
sections 56 to 58A (directing terrorism and possessing things or collecting information for the purposes of terrorism),
section 116 (failure to stop a vehicle when required to do so),
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 under section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things to cause harm and intimidate);
(c) an offence under any of the following provisions 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 etc).
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may by order amend subsection (2).
(4) Any such order is subject to affirmative resolution procedure.
(5) The power conferred by subsection (3) may be exercised so as to add offences to subsection (2) only if it appears to the Secretary of State necessary to do so for the purpose of dealing with terrorism.
(6) In section 1 of the Justice and Security (Northern Ireland) Act 2007 (c. 6) (issue of certificate for trial without a jury), after subsection (6) insert—
(6A) The Director of Public Prosecutions for Northern Ireland may not issue a certificate under subsection (2) if—
(a) the proceedings are taken in Northern Ireland only by virtue of section 28 of the Counter-Terrorism Act 2008, and
(b) it appears to the Director that the only condition that is met is condition 4.
.
29 Consent to prosecution of offence committed outside UK
In section 117(2A) of the Terrorism Act 2000 (c. 11) and in section 19(2) of the Terrorism Act 2006 (cases in which permission of Attorney General or Advocate General for Northern Ireland required before DPP gives consent to prosecution), after “committed” insert “ outside the United Kingdom or ”.
30 Sentences for offences with a terrorist connection: ... ... Northern Ireland
(1) This section applies where a court in Northern Ireland is considering for the purposes of sentence the seriousness of an offence specified in Schedule 2 (offences where terrorist connection to be considered) within subsection (5A) or (5B).
(2) If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.
(3) For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.
(4) If the court determines that the offence has a terrorist connection, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence was so aggravated.
(5) In this section “sentence”, in relation to an offence, includes any order made by a court when dealing with a person in respect of the offence.
(5A) An offence is within this subsection if it—
(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and
(c) is not specified in Schedule 1A.
(5B) An offence is within this subsection if it—
(a) was committed—
(i) on or after 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which extended this section to Northern Ireland, came into force), but
(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
(b) is specified in Schedule 2.
(5C) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (5A) and (5B) to have been committed on the last of those days.
(6) This section has effect in relation only to offences committed on or after the day it comes into force.
31 Sentences for offences with a terrorist connection: Scotland
(1) This section applies where in Scotland, in relation to an offence specified in Schedule 2 (offences where terrorist connection to be considered) within subsection (4A) or (4B)—
(a) it is libelled in an indictment, and
(b) proved,
that the offence has been aggravated by reason of having a terrorist connection.
(2) Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
(3) Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of having a terrorist connection, the court must state the extent of, and the reasons for, the difference.
(4) For the purposes of this section, evidence from a single source is sufficient to prove that an offence has been aggravated by reason of having a terrorist connection.
(4A) An offence is within this subsection if it—
(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and
(c) is not specified in Schedule 1A.
(4B) An offence is within this subsection if it—
(a) was committed—
(i) on or after the relevant date, but
(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
(b) is specified in Schedule 2.
(4C) The relevant date for the purposes of subsection (4B)(a)(i) is—
(a) 18 June 2009 (being the date on which this section came into force), in relation to any offence that is not mentioned in paragraph (b);
(b) 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which amended Schedule 2, came into force) in relation to any of the following offences under the law of Scotland—
(i) assault by explosive device;
(ii) assault to severe injury;
(iii) assault and poisoning;
(iv) poisoning.
(4D) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4A) to (4C) to have been committed on the last of those days.
(5) This section has effect in relation only to offences committed on or after the day it comes into force.
For section 23 of the Terrorism Act 2000 (c. 11) (forfeiture) substitute—
Forfeiture
Forfeiture: terrorist property offences
23 (1) The court by or before which a person is convicted of an offence under any of sections 15 to 18 may make a forfeiture order in accordance with the provisions of this section.
(2) Where a person is convicted of an offence under section 15(1) or (2) or 16, the court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which—
(a) had been used for the purposes of terrorism, or
(b) they intended should be used, or had reasonable cause to suspect might be used, for those purposes.
(3) Where a person is convicted of an offence under section 15(3) the court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which—
(a) had been used for the purposes of terrorism, or
(b) which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.
(4) Where a person is convicted of an offence under section 17 or 18 the court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which—
(a) had been used for the purposes of terrorism, or
(b) was, at that time, intended by them to be used for those purposes.
(5) Where a person is convicted of an offence under section 17 the court may order the forfeiture of the money or other property to which the arrangement in question related, and which—
(a) had been used for the purposes of terrorism, or
(b) at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.
(6) Where a person is convicted of an offence under section 18 the court may order the forfeiture of the money or other property to which the arrangement in question related.
(7) Where a person is convicted of an offence under any of sections 15 to 18, the court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.
.
35 Forfeiture: other terrorism offences and offences with a terrorist connection
(1) After section 23 of the Terrorism Act 2000 (c. 11) (forfeiture: terrorist property offences) insert—
Forfeiture: other terrorism offences and offences with a terrorist connection
23A (1) The court by or before which a person is convicted of an offence to which this section applies may order the forfeiture of any money or other property in relation to which the following conditions are met—
(a) that it was, at the time of the offence, in the possession or control of the person convicted; and
(b) that—
(i) it had been used for the purposes of terrorism,
(ii) it was intended by that person that it should be used for the purposes of terrorism, or
(iii) the court believes that it will be used for the purposes of terrorism unless forfeited.
(2) This section applies to an offence under—
(a) any of the following provisions of this Act—
section 54 (weapons training);
section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);
section 59, 60 or 61 (inciting terrorism outside the United Kingdom);
(b) any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—
section 2 (dissemination of terrorist publications);
section 5 (preparation of terrorist acts);
section 6 (training for terrorism);
sections 9 to 11 (offences involving radioactive devices or materials).
(3) This section applies to any ancillary offence (as defined in section 94 of the Counter-Terrorism Act 2008) in relation to an offence listed in subsection (2).
(4) This section also applies to an offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered) as to which—
(a) in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of that Act, that the offence has a terrorist connection;
(b) in Scotland, it has been proved, in accordance with section 31 of that Act, that the offence has a terrorist connection.
(5) The Secretary of State may by order amend subsection (2).
(6) An order adding an offence to subsection (2) applies only in relation to offences committed after the order comes into force.
.
(2) In section 123 of that Act (orders and regulations)—
(a) in subsection (4) (instruments subject to affirmative resolution procedure), after paragraph (a) insert—
(aa) section 23A(5);
;
(b) in subsection (5), for “paragraph (b)” substitute “ paragraph (aa) or (b) ”.
After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 35 above), insert—
Forfeiture: supplementary provisions
23B (1) Before making an order under section 23 or 23A, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under that section.
(2) In considering whether to make an order under section 23 or 23A in respect of any property, a court shall have regard to—
(a) the value of the property, and
(b) the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).
(3) A court in Scotland must not make an order under section 23 or 23A except on the application of the prosecutor—
(a) in proceedings on indictment, when the prosecutor moves for sentence, and
(b) in summary proceedings, before the court sentences the accused;
and for the purposes of any appeal or review, an order under either of those sections made by a court in Scotland is a sentence.
(4) Schedule 4 makes further provision in relation to forfeiture orders under section 23 or 23A.
.
37 Forfeiture: application of proceeds to compensate victims
(1) In Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders: England and Wales), after paragraph 4 insert—
Application of proceeds to compensate victims
4A (1) Where a court makes a forfeiture order in a case where—
(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence,
the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.
(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—
(a) any forfeited money, and
(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,
reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).
(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 under which the offender would have been required to pay compensation of an amount not less than the specified amount.
.
(2) In Part 2 of that Schedule (forfeiture orders: Scotland), after paragraph 17 insert—
Application of proceeds to compensate victims
17A (1) Where a court makes a forfeiture order in a case where—
(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence,
the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.
(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—
(a) any forfeited money, and
(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,
reduced by the amount of any payment under paragraph 16(1)(c) or 17(2).
(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 249 of the Criminal Procedure (Scotland) Act 1995 under which the offender would have been required to pay compensation of an amount not less than the specified amount.
.
(3) In Part 3 of that Schedule (forfeiture orders: Northern Ireland), after paragraph 32 insert—
Application of proceeds to compensate victims
32A (1) Where a court makes a forfeiture order in a case where—
(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence,
the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.
(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—
(a) any forfeited money, and
(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,
reduced by the amount of any payment under paragraph 30(1)(d) or 31(1).
(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 under which the offender would have been required to pay compensation of an amount not less than the specified amount.
.
(1) For section 120A of the Terrorism Act 2000 (c. 11) (supplemental powers of the court in respect of forfeiture orders) substitute—
Supplementary powers of forfeiture
120A (1) A court by or before which a person is convicted of an offence under a provision mentioned in column 1 of the following table may order the forfeiture of any item mentioned in column 2 in relation to that offence.
Offence | Items liable to forfeiture
Section 54 (weapons training) | Anything that the court considers to have been in the possession of the person for purposes connected with the offence.
Section 57 (possession for terrorist purposes) | Any article that is the subject matter of the offence.
Section 58 (collection of information) | Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.
Section 58A (eliciting, publishing or communicating information about members of armed forces etc) | Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.
(2) Before making an order under this section, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under this section.
(3) An order under this section does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
(4) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.
(5) Provision made by virtue of subsection (4) may be varied at any time by the court that made it.
(6) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A.
.
(2) In section 7 of the Terrorism Act 2006 (c. 11), after subsection (6) insert—
(7) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A of the Terrorism Act 2000.
.
(3) After section 11 of the Terrorism Act 2006 (terrorist threats relating to devices, materials or facilities) insert—
Forfeiture of devices, materials or facilities
11A (1) A court by or before which a person is convicted of an offence under section 9 or 10 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, made or used in committing the offence.
(2) A court by or before which a person is convicted of an offence under section 11 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, which is the subject of—
(a) a demand under subsection (1) of that section, or
(b) a threat falling within subsection (3) of that section.
(3) Before making an order under this section, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under this section.
(4) An order under this section does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
(5) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.
(6) Provision made by virtue of subsection (5) may be varied at any time by the court that made it.
(7) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A of the Terrorism Act 2000.
.
(1) This Part imposes notification requirements on persons dealt with in respect of certain offences—
(a) sections 41 to 43 specify the offences to which this Part applies;
(b) sections 44 to 46 make provision as to the sentences or orders triggering the notification requirements;
(c) sections 47 to 52 contain the notification requirements; and
(d) section 53 makes provision as to the period for which the requirements apply.
(2) This Part also provides for—
(a) orders applying the notification requirements to persons dealt with outside the United Kingdom for corresponding foreign offences (see section 57 and Schedule 4), ...
(b) orders imposing restrictions on travel outside the United Kingdom on persons subject to the notification requirements (see section 58 and Schedule 5) , and
(c) warrants authorising entry and search of premises notified under this Part or where a person to whom the notification requirements apply resides or may be found.
(3) Schedule 6 provides for the application of this Part to service offences and related matters.
41 Offences to which this Part applies: terrorism offences
(1) This Part applies to—
(a) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—
section 11 or 12 (offences relating to proscribed organisations),
sections 15 to 18 (offences relating to terrorist property),
section 38B (failure to disclose information about acts of terrorism),
section 54 (weapons training),
sections 56 to 61 (directing terrorism, possessing things and collecting information for the purposes of terrorism , eliciting information about members of armed forces etc, entering or remaining in a designated area and inciting terrorism outside the United Kingdom);
(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 section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notice imposing terrorism prevention and investigation measures) dealt with on or after the day on which section 42 of the Counter-Terrorism and Sentencing Act 2021 comes into force;
(g) an offence under section 10(1) or (3) of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or related obligation) dealt with on or after that day.
(2) This Part also applies to any ancillary offence in relation to an offence listed in subsection (1).
(3) The Secretary of State may by order amend subsection (1).
(4) Any such order is subject to affirmative resolution procedure.
(5) An order adding an offence applies only in relation to offences dealt with after the order comes into force.
(6) An order removing an offence has effect in relation to offences whenever dealt with, whether before or after the order comes into force.
(7) Where an offence is removed from the list, a person subject to the notification requirements by reason of that offence being listed (and who is not otherwise subject to those requirements) ceases to be subject to them when the order comes into force.
42 Offences to which this Part applies: offences having a terrorist connection
(1) This Part applies to—
(za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,
(a) an offence as to which a court has determined under section 30 (sentences for offences with a terrorist connection: ... ... Northern Ireland) that the offence has a terrorist connection, and
(b) an offence in relation to which section 31 applies (sentences for offences with terrorist connection: Scotland).
(2) A person to whom the notification requirements apply by virtue of such a determination as is mentioned in subsection (1)(za) or (a) may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.
(3) If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This Part applies to a person dealt with for an offence before the commencement of this Part only if—
(a) the offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and
(b) immediately before the commencement of this Part the person—
(i) is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,
(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
(iii) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.
(2) In relation to a person dealt with for an offence before the commencement of this Part—
(a) any reference in this Part to a sentence or order under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision;
(b) any reference in this Part to a person being or having been found to be under a disability and to have done the act charged against them in respect of an offence includes a reference to their being or having been found—
(i) unfit to be tried for the offence,
(ii) insane so that their trial for the offence cannot or could not proceed, or
(iii) unfit to be tried and to have done the act charged against them in respect of the offence.
44 Persons to whom the notification requirements apply
The notification requirements apply to a person who—
(a) is aged 16 or over at the time of being dealt with for an offence to which this Part applies, and
(b) is made subject in respect of the offence to a sentence or order within section 45 (sentences or orders triggering notification requirements).
45 Sentences or orders triggering notification requirements
(1) The notification requirements apply to a person who in England and Wales—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment or custody for life,
(ii) imprisonment or detention in a young offender institution for a term of 12 months or more,
(iii) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),
(iv) detention for life or for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 250 of the Sentencing Code (offenders under 18 convicted of certain serious offences),
(v) a detention and training order for a term of 12 months or more under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code (offenders under age of 18),
(vi) detention for public protection under section 226 of the Criminal Justice Act 2003 (serious offences committed by persons under 18),
(via) detention under section 226B of that Act or under section 254 of the Sentencing Code (extended sentence of detention for certain dangerous offenders aged under 18),
(vib) detention under section 252A of the Sentencing Code (special sentence for terrorist offenders of particular concern aged under 18), or
(vii) detention during Her Majesty's pleasure; or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) found not guilty by reason of insanity of such an offence, or
(iii) found to be under a disability and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(2) The notification requirements apply to a person who in Scotland—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment or detention in a young offenders institution for life,
(ii) imprisonment or detention in a young offenders institution for a term of 12 months or more,
(iii) an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46),
(iv) detention without limit of time under section 205(2) of that Act (punishment for murder for offenders under 18),
(iva) detention under section 205ZC(5) of that Act, or
(v) detention for a period of 12 months or more under section 208 of that Act (detention of children convicted on indictment); or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) acquitted of such an offence by reason of the special defence set out in section 51A of that Act (criminal responsibility of persons with mental disorder), or
(iii) found, following an examination of facts under section 55 of that Act (examination of facts where person unfit for trial) in relation to such an offence, to have done the act or omission constituting the offence,
and made subject in respect of the offence to a hospital order.
(3) The notification requirements apply to a person who in Northern Ireland—
(a) has been convicted of an offence to which this Part applies and sentenced in respect of the offence to—
(i) imprisonment for life,
(ii) imprisonment or detention in a young offenders centre for a term of 12 months or more,
(iii) an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),
(iiia) a serious terrorism sentence under Article 13A(6) of that Order (offenders under 21 convicted of certain serious terrorist or terrorism-related offences),
(iv) an extended custodial sentence under Article 14(5) of that Order (offenders under 21 convicted of certain offences),
(iva) a sentence under Article 15A(5) of that Order (offenders under 21 convicted of certain terrorist or terrorism-related offences),
(v) a juvenile justice centre order under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) for a period of 12 months or more,
(vi) detention during the pleasure of the Minister in charge of the Department of Justice under Article 45(1) of that Order (punishment of certain grave crimes committed by a child), or
(vii) detention under Article 45(2) of that Order for a period of 12 months or more (other serious offences committed by a child); or
(b) has been—
(i) convicted of an offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,
(ii) found not guilty by reason of insanity of such an offence, or
(iii) found to be unfit to be tried and to have done the act charged against them in respect of such an offence,
and made subject in respect of the offence to a hospital order.
(4) The references in this section to an offence carrying a maximum term of imprisonment of 12 months or more—
(a) are to an offence carrying such a maximum term in the case of a person who has attained the age of 21 (18 in relation to England and Wales), and
(b) include an offence carrying in the case of such a person a maximum term of life imprisonment and an offence for which in the case of such a person the sentence is fixed by law as life imprisonment.
(5) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) subsection (4)(a) above has effect with the omission of the words “(18 in relation to England and Wales)”.
46 Power to amend specified terms or periods of imprisonment or detention
(1) The Secretary of State may by order amend the provisions of section 45 referring to a specified term or period of imprisonment or detention.
(2) An order reducing a specified term or period has effect only in relation to persons dealt with after the order comes into force.
(3) Where an order increases a specified term or period—
(a) it has effect in relation to persons dealt with at any time, whether before or after the order comes into force, and
(b) a person who would not have been subject to the notification requirements if the order had been in force when the offence was dealt with (and who is not otherwise subject to those requirements) ceases to be subject to the requirements when the order comes into force.
(4) An order under this section is subject to affirmative resolution procedure.
(1) A person to whom the notification requirements apply must notify the following information to the police within the period of three days beginning with the day on which the person is dealt with in respect of the offence in question.
(2) The information required is—
(a) date of birth;
(b) national insurance number;
(c) name on the date on which the person was dealt with in respect of the offence (where the person used one or more other names on that date, each of those names);
(d) home address on that date;
(da) all contact details on that date;
(e) name on the date on which notification is made (where the person uses one or more other names on that date, each of those names);
(f) home address on the date on which notification is made;
(fa) all contact details on the date on which notification is made;
(g) address of any other premises in the United Kingdom at which, at the time the notification is made, the person regularly resides or stays;
(ga) identifying information of any motor vehicle of which the person is the registered keeper, or which the person has a right to use (whether routinely or on specific occasions or for specific purposes), on the date on which notification is made;
(gb) the financial information specified in paragraph 1 of Schedule 3A;
(gc) the information about identification documents specified in paragraph 2 of Schedule 3A;
(h) any prescribed information.
(3) In subsection (2) “prescribed” means prescribed by regulations made by the Secretary of State.
Such regulations are subject to affirmative resolution procedure.
(4) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(5) This section does not apply to a person who—
(a) is subject to the notification requirements in respect of another offence (and does not cease to be so subject before the end of the period within which notification is to be made), and
(b) has complied with this section in respect of that offence.
(6) In the application of this section to a person dealt with for an offence before the commencement of this Part who, immediately before commencement—
(a) would be imprisoned or detained in respect of the offence but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
(b) is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence,
the reference in subsection (1) to the day on which the person is dealt with in respect of the offence shall be read as a reference to the commencement of this Part.
(1) A person to whom the notification requirements apply who uses a name that has not previously been notified to the police must notify the police of that name.
(2) If there is a change of the home address of a person to whom the notification requirements apply, the person must notify the police of the new home address.
(3) A person to whom the notification requirements apply who resides or stays at premises in the United Kingdom the address of which has previously not been notified to the police—
(a) for a period of 7 days, or
(b) for two or more periods, in any period of 12 months, that taken together amount to 7 days,
must notify the police of the address of those premises.
(4) A person to whom the notification requirements apply who is released—
(a) from custody pursuant to an order of a court,
(b) from imprisonment or detention pursuant to a sentence of a court,
(c) from detention in a hospital, or
(d) from detention under the Immigration Acts,
must notify the police of that fact.
This does not apply if the person is at the same time required to notify the police under section 47 (initial notification).
(4A) If there is a change in the contact details of a person to whom the notification requirements apply, the person must notify the police of the new contact details.
(4B) If a person to whom the notification requirements apply ceases to use contact details which the person has previously notified under this Part, the person must notify the police of that fact.
(4C) If a person to whom the notification requirements apply becomes the registered keeper of, or acquires a right to use, a motor vehicle the identifying information of which has not previously been notified to the police, the person must notify the police of the identifying information of that motor vehicle.
(4D) If there is a change in the identifying information of a motor vehicle previously notified under this Part, the person must notify the police—
(a) that there has been a change, and
(b) of the new identifying information of the motor vehicle.
(4E) If a person to whom the notification requirements apply ceases to be the registered keeper of a motor vehicle the identifying information of which the person has notified, or ceases to have the right to use such a motor vehicle, the person must notify the police that the person is no longer the registered keeper of the motor vehicle or no longer has the right to use it.
(5) A person who is required to notify information within section 47(2)(h) (prescribed information) must notify the police of the prescribed details of any prescribed changes in that information.
(6) In subsection (5) “prescribed” means prescribed by regulations made by the Secretary of State.
Such regulations are subject to affirmative resolution procedure.
(7) Notification under this section must be made—
(a) in a case to which subsection (4C) applies, before the earlier of the following—
(i) the end of the period of three days beginning with the day on which the person becomes the registered keeper of the motor vehicle or acquires a right to use it, or
(ii) the first occasion on which the person uses the motor vehicle by virtue of being its registered keeper or having a right to use it,
(b) in a case to which subsection (4D) applies, before the earlier of the following—
(i) the end of the period of three days beginning with the day on which the identifying information changes, or
(ii) the first occasion on which the person uses the motor vehicle after the identifying information has changed,
(c) in any other case, before the end of the period of three days beginning with the day on which the event in question occurs (and, where subsection (3) applies, that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) of subsection (3) ends).
Where subsection (3) applies that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) ends.
(8) In determining the period within which notification is to be made under this section, there shall be disregarded any time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(9) References in this section to previous notification are to previous notification by the person under section 47 (initial notification), this section, section 48A (notification of changes: financial information and information about identification documents), section 49 (periodic re-notification) or section 56 (notification on return after absence from UK).
(10) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).
48A Notification of changes: financial information and information about identification documents
(1) If there is a change in any of the financial information (see paragraph 1 of Schedule 3A), or information about identification documents (see paragraph 2 of that Schedule), in relation to a person to whom the notification requirements apply, the person must notify the police of the change.
(2) For the purposes of subsection (1) there is a change in the financial information if—
(a) an account previously notified in accordance with this Part is closed;
(b) a payment card previously notified in accordance with this Part is no longer held by the person notified as holding it;
(c) an account is opened, or a payment card is obtained, which would have been required to be notified in accordance with section 47(2)(gb) if the account or card had been held at the time when notification was made under section 47(1);
(d) any other financial information previously notified in accordance with this Part is altered or becomes inaccurate.
(3) For the purposes of subsection (1) there is a change in the information about identification documents if—
(a) the person ceases to hold a passport or other document previously notified in accordance with this Part;
(b) the person obtains a passport or other document which would have been required to be notified in accordance with section 47(2)(gc) if it had been held at the time when notification was made under section 47(1).
(4) Where a change required to be notified under subsection (1) relates to opening a new account or obtaining a new payment card as mentioned in subsection (2)(c), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 1(2) of Schedule 3A in respect of the new account or card.
(5) Where a change required to be notified under subsection (1) relates to the holding of a new passport or other document as mentioned in subsection (3)(b), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 2 of Schedule 3A in relation to the new passport or other document.
(6) Notification under this section must be made before the end of the period of three days beginning with the day on which the event in question occurs.
(7) In determining the period within which notification is to be made under this section, any time when the person is—
(a) remanded in or committed to custody by any order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts,
is to be ignored.
(8) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).
(1) A person to whom the notification requirements apply must, within the applicable period after last notifying the police in accordance with—
(a) section 47 (initial notification),
(b) section 48 (notification of change : general),
(ba) section 48A (notification of changes: financial information and information about identification documents),
(c) this section, or
(d) section 56 (notification on return after absence from UK),
re-notify to the police the information mentioned in section 47(2).
(1A) In this section the “applicable period” means—
(a) in the case of a person who has no sole or main residence in the United Kingdom, the period of one week, and
(b) in any other case, the period of one year.
(2) Subsection (1) does not apply if the applicable period ends at a time when the person is—
(a) remanded in or committed to custody by an order of a court,
(b) serving a sentence of imprisonment or detention,
(c) detained in a hospital, or
(d) detained under the Immigration Acts.
(3) In that case section 48(4) and (10) (duty to notify of release and to re-notify other information) apply when the person is released.