Criminal Procedure (Scotland) Act 1995

SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period)

Section 205ZC Part 1 Terrorism Offences Terrorism Act 2000 1 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12 (inviting or expressing support for a proscribed organisation); (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 a terrorist organisation); (n) section 57 (possession of article for terrorist purposes); (o) section 58 (collection of information likely to be of use to a terrorist); (p) section 58A (publishing information about members of the armed forces etc); (q) section 58B (entering or remaining in a designated area); (r) section 61 (inciting terrorism overseas). Anti-terrorism, Crime and Security Act 2001 2 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate). Terrorism Act 2006 3 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement 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 a place used for terrorist training); (f) section 9 (making or possession of radioactive device or material); (g) section 10 (misuse of radioactive device or material for terrorist purposes etc); (h) section 11 (terrorist threats relating to radioactive devices etc). Counter-Terrorism Act 2008 4 An offence under any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). Terrorism Prevention and Investigation Measures Act 2011 5 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures). Counter-Terrorism and Security Act 2015 6 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order). Ancillary offences 7 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“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. Abolished offences 8 An offence that— (a) was abolished before the coming into force of this Part of this Schedule, and (b) if committed on the day on which this Part of this Schedule came into force, would have constituted an offence specified in the preceding paragraphs of this Part of this Schedule. Part 2 Offences involving or connected with a threat to national security Official Secrets Act 1911 9 An offence under section 1 of the Official Secrets Act 1911 (spying). Official Secrets Act 1920 10 An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911. National Security Act 2023 11 An offence under any of the following provisions of the National Security Act 2023— (a) section 1 (obtaining or disclosing protected information); (b) section 2 (obtaining or disclosing trade secrets); (c) section 3 (assisting a foreign intelligence service); (d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK); (e) section 12 (sabotage); (f) section 13 (foreign interference); (g) section 17 (obtaining etc material benefits from a foreign intelligence service); (ga) section 17A (supporting a designated body); (gb) section 17B (assisting a designated body); (gc) section 17C (obtaining etc material benefits from a designated body); (h) section 18 (preparatory conduct); (i) section 56 (offences relating to Part 2 notices); (j) section 65 (requirement to register foreign activity arrangements); (k) section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement); (l) section 68 (failure to register relevant activities of specified persons); (m) section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements); (n) section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice); (o) section 77(1) or (2) (provision of false information); (p) section 78(1) (carrying out activities under foreign activity arrangement tainted by false information). Certain electoral offences where foreign power or designated body condition met 12 An offence— (a) to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and (b) in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition or the designated body condition is met, other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000. Ancillary offences 13 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“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. Certain other offences where foreign power or designated body condition met 14 An offence, other than one for which the sentence is fixed by law as life imprisonment— (a) which is punishable on indictment with imprisonment for more than 2 years, and (b) in relation to which section 21 of the National Security Act 2023 applies (aggravating factor where foreign power or designated body condition met: Scotland).