Anti-Terrorism and Crime Act 2003
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ANTI-TERRORISM AND CRIME ACT 2003
Anti-Terrorism and Crime Act 2003 Index
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ANTI-TERRORISM AND CRIME ACT 2003
Index Section Page
PART I – INTRODUCTORY 11
1 Terrorism: interpretation ............................................................................................. 11
PART II – PROSCRIBED ORGANISATIONS 12
Proscription 12
2 Proscribed organisations ............................................................................................. 12
Offences 13
3 Membership ................................................................................................................... 13
4 Support ........................................................................................................................... 14
5 Uniform .......................................................................................................................... 15
PART III – TERRORIST PROPERTY 15
Interpretation 15
6 Terrorist property ......................................................................................................... 15
Offences 16
7 Fund-raising .................................................................................................................. 16
8 Use and possession ....................................................................................................... 16
9 Facilitating funding ...................................................................................................... 17
10 Money laundering ........................................................................................................ 17
11 Disclosure of information: duty .................................................................................. 18
12 Disclosure of information: permission ...................................................................... 19
13 Co-operation with police ............................................................................................. 20
14 Failure to disclose: regulated sector ........................................................................... 21
15 Protected disclosures .................................................................................................... 22
15A Meaning of “employment”.......................................................................................... 23
Forfeiture 24
16 Forfeiture: terrorist property offences ....................................................................... 24
16A Forfeiture: other terrorism offences and offences with a terrorist
connection ...................................................................................................................... 25
16B Special forfeiture orders ............................................................................................... 25
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16C Forfeiture: supplementary provisions ....................................................................... 26
Terrorist cash and accounts 26
17 Forfeiture of terrorist cash ........................................................................................... 26
18 Account monitoring orders ......................................................................................... 26
PART IIIA - NOTIFICATION REQUIREMENTS 26
Introductory 26
18A Scheme of this Part ....................................................................................................... 26
Offences to which this Part applies 27
18B Offences to which this Part applies: terrorism offences .......................................... 27
18C Offences to which this Part applies: offences having terrorist connection .......... 27
18D Offences dealt with before commencement ............................................................. 28
Persons to whom notification requirements apply 28
18E Persons to whom notification requirements apply ................................................. 28
18F Sentences or orders triggering notification requirements ...................................... 29
18G Power to amend specified terms or periods of custody or detention ................... 29
Notification requirements 29
18H Initial notification ......................................................................................................... 29
18I Notification of changes ................................................................................................ 31
18J Periodic re-notification ................................................................................................ 32
18K Method of notification and related matters .............................................................. 32
18L Travel outside Island ................................................................................................... 33
Period for which notification requirements apply 33
18M Period for which notification requirements apply .................................................. 33
Offences in relation to notification 34
18N Offences relating to notification ................................................................................. 34
18O Effect of absence from the Island ............................................................................... 36
18P Notification on return after absence from Island ..................................................... 37
Supplementary provisions 38
18Q Application of notification requirements to persons dealt with outside
Island .............................................................................................................................. 38
18R Corresponding offences............................................................................................... 38
18S Conditions for application of notification requirements to persons dealt
with outside Island ....................................................................................................... 39
18T Adaptations of provisions of this Part in relation to proceedings outside
Island .............................................................................................................................. 40
18U Travel restriction orders .............................................................................................. 40
18V Interpretation for Part IIIA .......................................................................................... 40
18W References to person being “dealt with” for an offence ......................................... 41
PART IV – TERRORIST INVESTIGATIONS 43
Interpretation 43
19 Terrorist investigation ................................................................................................. 43
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Cordons 43
20 Cordoned areas ............................................................................................................. 43
21 Power to designate ....................................................................................................... 44
22 Duration ......................................................................................................................... 44
23 Police powers ................................................................................................................ 45
Information and evidence 45
24 Powers ............................................................................................................................ 45
25 Financial information ................................................................................................... 45
26 Information or evidence about acts of terrorism ...................................................... 45
27 Disclosure to prejudice terrorist investigations ........................................................ 46
PART V – COUNTER-TERRORIST POWERS 47
Port controls 47
28 Port controls................................................................................................................... 47
Suspected terrorists 48
29 Terrorist: interpretation — .......................................................................................... 48
30 Arrest without warrant ................................................................................................ 48
31 Search of premises ........................................................................................................ 49
31A Search, seizure and forfeiture of terrorist publications ........................................... 49
32 Search of persons .......................................................................................................... 50
32AA Search of vehicles .......................................................................................................... 51
Power to remove documents for examination 51
32A Application of power ................................................................................................... 51
32B Offence of obstruction .................................................................................................. 52
32C Items subject to legal privilege.................................................................................... 52
32D Record of removal......................................................................................................... 53
32E Retention of documents ............................................................................................... 54
32F Access to documents .................................................................................................... 54
32G Photographing and copying of documents ............................................................... 55
32H Return of documents .................................................................................................... 56
32I Power to remove documents: supplementary provisions ...................................... 57
Powers to stop and search in specified locations 57
33 Searches in specified areas or places .......................................................................... 57
Search powers code 58
34 Code of practice relating to sections 32, 32AA and 33 ............................................ 58
35 Issuing of code............................................................................................................... 58
36 Alteration or replacement of code .............................................................................. 59
36A Publication and effect of code ..................................................................................... 59
Parking 60
37 Authorisations ............................................................................................................... 60
38 Exercise of power .......................................................................................................... 60
39 Duration of authorisation ............................................................................................ 60
40 Offences .......................................................................................................................... 60
41 Interpretation ................................................................................................................. 61
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PART VI – MISCELLANEOUS TERRORIST OFFENCES 61
Terrorist offences 61
42 Weapons training ......................................................................................................... 61
43 Weapons training: interpretation ............................................................................... 62
44 Directing terrorist organisation .................................................................................. 63
45 Possession for terrorist purposes ............................................................................... 63
46 Collection of information ............................................................................................ 64
46A Eliciting, publishing or communicating information about members of
armed forces etc ............................................................................................................ 64
Preparation of terrorist acts and terrorist training 65
46B Preparation of terrorist acts ........................................................................................ 65
46C Training for terrorism .................................................................................................. 65
46D Attendance at a place used for terrorism training ................................................... 67
Inciting terrorism overseas 68
47 Incitement ...................................................................................................................... 68
Incitement etc of terrorism 68
47A Publishing statements in connection with terrorism .............................................. 68
47B Dissemination of terrorist publications ..................................................................... 69
47C Application of sections 47A and 47B to internet activity etc .................................. 71
47D Giving of notices under section 47C .......................................................................... 73
Terrorist bombing and finance offences 74
48 Terrorist bombing: jurisdiction .................................................................................. 74
49 Offences committed outside jurisdiction .................................................................. 75
49A Interpretation of Part VI .............................................................................................. 75
PART VIA - WEAPONS OF MASS DESTRUCTION 76
Nuclear weapons 76
49B Use etc of nuclear weapons ......................................................................................... 76
49C Exceptions ..................................................................................................................... 77
49D Defences ......................................................................................................................... 77
49E Assisting or inducing certain weapons-related acts outside Island ...................... 78
49F Powers of entry ............................................................................................................. 78
49G Customs and excise investigations ............................................................................ 79
49H False statements etc ...................................................................................................... 80
PART VII 80
50 to 55 [Repealed] ............................................................................................................ 80
PART VIII - DISCLOSURE OF INFORMATION 80
56 Extension of existing disclosure powers ................................................................... 80
57 Restriction on disclosure of information for overseas purposes ........................... 81
58 Disclosure of information held by Treasury............................................................. 82
58A Disclosure and the intelligence services .................................................................... 84
59 Interpretation of Part VIII ........................................................................................... 84
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PART IX – DANGEROUS SUBSTANCES AND HOAXES 85
60 Use of noxious substances to cause harm and intimidate ...................................... 85
61 Hoaxes ............................................................................................................................ 86
62 Sections 60 and 61: supplementary ............................................................................ 86
PART IXA - RADIOACTIVE DEVICES AND MATERIALS AND
NUCLEAR FACILITIES AND SITES 87
62A Making and possession of devices or materials ....................................................... 87
62B Misuse of devices or material and misuse and damage of facilities ..................... 87
62C Terrorist threats relating to devices, materials or facilities ..................................... 88
PART X – MISCELLANEOUS POWERS AND PROCEEDINGS 88
63 Police powers ................................................................................................................ 88
64 Amendment of police powers ..................................................................................... 89
65 Officers’ powers ............................................................................................................ 89
66 Powers to stop and search ........................................................................................... 89
67 Consent to prosecution ................................................................................................ 89
68 Defences ......................................................................................................................... 90
69 Convictions: effect of deproscription ......................................................................... 90
70 Crown servants, regulators etc ................................................................................... 91
71 Warrants ......................................................................................................................... 92
72 Evidence ......................................................................................................................... 92
72A Supplemental powers of forfeiture ............................................................................ 92
Sentencing 93
72B Sentences for offences with a terrorist connection ................................................... 93
72C Power to amend list of offences where terrorist connection to be
considered ...................................................................................................................... 94
PART XI 94
73 [Repealed] ...................................................................................................................... 94
PART XII – TOXINS 94
74 Security of pathogens and toxins ............................................................................... 94
PART XIII – GENERAL 94
75 Interpretation ................................................................................................................. 94
76 Index of defined expressions....................................................................................... 97
76A Liability of officers of bodies corporate etc ............................................................... 99
76B Compliance with international standards ............................................................... 100
77 Orders etc. .................................................................................................................... 101
78 Directions ..................................................................................................................... 101
79 Amendments and repeals .......................................................................................... 101
80 Money ........................................................................................................................... 102
81 Transitional provisions .............................................................................................. 102
82 Short title ...................................................................................................................... 102
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SCHEDULE 1 103
SCHEDULE 2 103
FORFEITURE ORDERS 103
Protection of creditors against forfeiture 112
SCHEDULE 2A 116
OFFENCES WHERE TERRORIST CONNECTION TO BE CONSIDERED 116
SCHEDULE 3 118
FORFEITURE OF TERRORIST CASH 118
SCHEDULE 4 129
ACCOUNT MONITORING ORDERS 129
SCHEDULE 4A 132
TRAVEL RESTRICTION ORDERS 132
SCHEDULE 5 135
TERRORIST INVESTIGATIONS: INFORMATION OR EVIDENCE 135
SCHEDULE 6 144
FINANCIAL INFORMATION 144
SCHEDULE 7 149
PORT CONTROLS 149
SCHEDULE 8 155
DETENTION 155
SCHEDULE 8A 171
SEIZURE AND FORFEITURE OF TERRORIST PUBLICATIONS 171
Special provisions as to certain claimants 175
SCHEDULE 8B 176
SEARCHES IN SPECIFIED AREAS OR PLACES: SUPPLEMENTARY 176
SCHEDULE 9 178
SCHEDULE 10 178
EXTENSION OF EXISTING DISCLOSURE POWERS 178
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SCHEDULE 11 179
AMENDMENT OF POLICE POWERS 179
SCHEDULE 12 179
EXERCISE OF OFFICERS’ POWERS 179
SCHEDULE 13 181
SECURITY OF PATHOGENS AND TOXINS 181
Directions requiring disposal of dangerous substances 186
Directions requiring denial of access 186
SCHEDULE 13A 192
CONVENTION OFFENCES 192
SCHEDULE 14 196
CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS 196
SCHEDULE 15 196
REPEALS 196
ENDNOTES 197
TABLE OF LEGISLATION HISTORY 197
TABLE OF RENUMBERED PROVISIONS 197
TABLE OF ENDNOTE REFERENCES 197
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c i e
ANTI-TERRORISM AND CRIME ACT 2003
Received Royal Assent: 20 May 2003
Passed: 20 May 2003
Commenced: See endnotes
AN ACT
to repeal and replace the Prevention of Terrorism Act 1990 and to make
further provision about terrorism and criminal justice.
PART I – INTRODUCTORY
1 Terrorism: interpretation
[P2000/11/1]
(1) In this Act “terrorism
” means —
(a) the use or threat of action where —
(i) the action falls within subsection (2);
(ii) the use or threat is designed to influence the government
or an international organisation or to intimidate the public
or a section of the public; and
(iii) the use or threat is made for the purpose of advancing a
political, religious, racial or ideological cause; or
(b) any activity that —
(i) constitutes a Convention offence; or
(ii) would constitute a Convention offence if done in the
Island.1
(2) Action falls within this subsection if it —
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person’s life, other than that of the person
committing the action,
(d) creates a serious risk to the health or safety of the public or a
section of the public;
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(e) is designed seriously to interfere with or seriously to disrupt an
electronic system.
(f) [Repealed]2
(g) [Repealed]3
(3) The use or threat of action falling within subsection (2) which involves
the use of firearms or explosives is terrorism whether or not
subsection (1)(a)(ii) is satisfied.4
(4) In this section —
(a) “action” includes action outside the Island;
(b) a reference to any person or to property is a reference to any
person, or to property, wherever situated;
(c) a reference to the public includes a reference to the public of a
country or territory other than the Island; and
(d) “the government” means the government of the Island, of the
United Kingdom, of a part of the United Kingdom or of any other
country or territory.
(5) In this Act a reference to action taken for the purposes of terrorism
includes a reference to action taken for the benefit of a proscribed
organisation.
(6) In this Act “act of terrorism
” includes anything constituting an action
taken for the purposes of terrorism.5
(7) For the purposes of this Act an offence has a terrorist connection if the
offence —
(a) is, or takes place in the course of, an act of terrorism; or
(b) is committed for the purposes of terrorism.6
PART II – PROSCRIBED ORGANISATIONS
Proscription
2 Proscribed organisations
[P2000/11/3]
(1) For the purposes of this Act an organisation is proscribed if —
(a) it is listed in Schedule 2 to the Terrorism Act 2000 (an Act of
Parliament) (in this Act referred to as the “UK Act”), or
(b) it operates under the same name as an organisation listed in that
Schedule.
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(2) Subsection (1)(b) shall not apply in relation to an organisation listed in
Schedule 2 to the UK Act if its entry is the subject of a note in that
Schedule.
(3) The Department shall maintain a list of the organisations that are for the
time being included in Schedule 2 to the UK Act.
(4) As soon as practicable after any amendment is made to Schedule 2 to the
UK Act the Department must —
(a) arrange for the publication of the amended list in the electronic
gazette; or
(b) take such other reasonable steps to bring it to the attention of the
public as it considers appropriate.7
(5) Where an order made by the Secretary of State under section 3(6) of the
UK Act provides for a name to be treated as another name for an
organisation, this Act has effect in relation to acts occurring while —
(a) the order is in force;
(b) the organisation continues to be listed in Schedule 2 to the UK
Act,
as if the organisation were listed in that Schedule under the other name,
as well as under the name specified in the Schedule.8
(6) Nothing in subsection (5) prevents any liability from being established in
any proceedings by proof that an organisation is the same as an
organisation listed in Schedule 2 to the UK Act, even though it is or was
operating under a name specified neither in that Schedule nor in an
order made by the Secretary of State under section 3(6) of the UK Act.9
Offences
3 Membership
[P2000/11/11]
(1) A person commits an offence if he belongs or professes to belong to a
proscribed organisation.
(2) It is a defence for a person charged with an offence under subsection (1)
to prove —
(a) that the organisation was not proscribed on the last (or only)
occasion on which he became a member or began to profess to be
a member, and
(b) that he has not taken part in the activities of the organisation at
any time while it was proscribed.
(3) A person guilty of an offence under this section shall be liable —
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(a) on conviction on information, to custody for a term not exceeding
10 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.10
(4) In subsection (2) “proscribed” means proscribed for the purposes of this
Act, the Prevention of Terrorism Act 1990 and any of the following Acts of
Parliament —
(a) the UK Act;
(b) the Northern Ireland (Emergency Provisions) Act 1996;
(c) the Northern Ireland (Emergency Provisions) Act 1991;
(d) the Prevention of Terrorism (Temporary Provisions) Act 1989;
(e) the Prevention of Terrorism (Temporary Provisions) Act 1978;
(f) the Northern Ireland (Emergency Provisions) Act 1976;
(g) the Prevention of Terrorism (Temporary Provisions) Act 1976;
(h) the Prevention of Terrorism (Temporary Provisions) Act 1974;
(i) the Northern Ireland (Emergency Provisions) Act 1973.
4 Support
[P2000/11/12]
(1) A person commits an offence if —
(a) he invites support for a proscribed organisation, and
(b) the support is not, or is not restricted to, the provision of money
or other property (within the meaning of section 6).
(2) A person commits an offence if he arranges, manages or assists in
arranging or managing a meeting which he knows is —
(a) to support a proscribed organisation,
(b) to further the activities of a proscribed organisation, or
(c) to be addressed by a person who belongs or professes to belong to
a proscribed organisation.
(3) A person commits an offence if he addresses a meeting and the purpose
of his address is to encourage support for a proscribed organisation or to
further its activities.
(4) Where a person is charged with an offence under subsection (2)(c) in
respect of a private meeting it is a defence for him to prove that he had
no reasonable cause to believe that the address mentioned in
subsection (2)(c) would support a proscribed organisation or further its
activities.
(5) In subsections (2) to (4) —
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(a) “meeting” means a meeting of 3 or more persons, whether or not
the public are admitted, and
(b) a meeting is private if the public are not admitted.
(6) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
10 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.11
5 Uniform
[P2000/11/13]
(1) A person in a public place commits an offence if he —
(a) wears an item of clothing, or
(b) wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion
that he is a member or supporter of a proscribed organisation.
(2) A person guilty of an offence under this section shall be liable on
summary conviction to custody for a term not exceeding 12 months, to a
fine not exceeding £5,000, or to both.12
PART III – TERRORIST PROPERTY
Interpretation
6 Terrorist property
[P2000/11/14]
(1) In this Act “terrorist property
” means —
(a) money or other property which is likely to be used for the
purposes of terrorism (including any resources of a proscribed
organisation),
(b) proceeds of the commission of acts of terrorism, and
(c) proceeds of acts carried out for the purposes of terrorism.
(2) In subsection (1) —
(a) a reference to proceeds of an act includes a reference to any
property which wholly or partly, and directly or indirectly,
represents the proceeds of the act (including payments or other
rewards in connection with its commission), and
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(b) the reference to an organisation’s resources includes a reference to
any money or other property which is applied or made available,
or is to be applied or made available, for use by the organisation.
Offences
7 Fund-raising
[P2000/11/15 and 22]
(1) A person commits an offence if he —
(a) invites another to provide money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect
that it may be used, for the purposes of terrorism.
(2) A person commits an offence if he —
(a) receives money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect
that it may be used, for the purposes of terrorism.
(3) A person commits an offence if he —
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be
used for the purposes of terrorism.
(4) In this section a reference to the provision of money or other property is
a reference to its being given, lent or otherwise made available, whether
or not for consideration.
(5) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
14 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.13
8 Use and possession
[P2000/11/16 and 22]
(1) A person commits an offence if he uses money or other property for the
purposes of terrorism.
(2) A person commits an offence if he —
(a) possesses money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect
that it may be used, for the purposes of terrorism.
(3) A person guilty of an offence under this section shall be liable —
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(a) on conviction on information, to custody for a term not exceeding
14 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.14
9 Facilitating funding
(1) A person commits an offence if —
(a) he or she facilitates money or other property being made available
to another person; and
(b) he or she —
(i) knows;
(ii) has reasonable cause to suspect that; or
(iii) has failed to exercise due diligence as to whether,15
it will or may be used for the purposes of terrorism.
(2) A person guilty of an offence under this section is liable —
(a) on conviction on information, to custody for a term not exceeding
14 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.
(3) In this section and in section 10, “facilitates
” includes failing to take
action that results in the activity in question being made easier.16
10 Money laundering
[P2000/11/18 and 22]
(1) A person commits an offence if he facilitates the retention or control of
terrorist property —
(a) by concealment,
(aa) by disguise,17
(ab) by conversion,18
(b) by removal from the jurisdiction,
(c) by transfer to nominees, or
(d) in any other way.19
(2) But a person does not commit such an offence if the person does not
know and has no reason to suspect that the property is terrorist
property.20
(3) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
14 years, to a fine or to both, or
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(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.21
(4) Concealing or disguising terrorist property includes concealing or
disguising its nature, source, disposition, movement or ownership or any
rights with respect to it.22
11 Disclosure of information: duty
[P2000/11/19; P2008/28/77(2)]
(1) This section applies where a person —
(a) believes or suspects that another person has committed an offence
under any of sections 7 to 10, and
(b) bases his belief or suspicion on information which comes to the
person’s attention —
(i) in the course of a trade, profession or business; or
(ii) in the course of the person’s employment (whether or not
in the course of a trade, profession or business),
but does not apply if the information came to the person in the course of
a business in the regulated sector.23
(2) The person commits an offence if he does not disclose to the FIU as soon
as is reasonably practicable —
(a) his belief or suspicion, and
(b) the information on which it is based.24
(3) 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.
(4) Where —
(a) a person is in employment,
(b) his employer has established a procedure for the making of
disclosures of the matters specified in subsection (2), and
(c) he is charged with an offence under that subsection,
it is a defence for him to prove that he disclosed the matters specified in
that subsection in accordance with the procedure.
(5) Subsection (2) does not require disclosure by a professional legal
adviser of —
(a) information which he obtains in privileged circumstances, or
(b) a belief or suspicion based on information which he obtains in
privileged circumstances.
(6) For the purpose of subsection (5) information is obtained by an adviser in
privileged circumstances if it comes to him, otherwise than with a view
to furthering a criminal purpose —
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(a) from a client or a client’s representative, in connection with the
provision of legal advice by the adviser to the client,
(b) from a person seeking legal advice from the adviser, or from the
person’s representative, or
(c) from any person, for the purpose of actual or contemplated legal
proceedings.
(7) For the purposes of subsection (1)(a) a person shall be treated as having
committed an offence under one of sections 7 to 10 if —
(a) he has taken an action or been in possession of a thing, and
(b) he would have committed an offence under one of those sections
if he had been in the Island at the time when he took the action or
was in possession of the thing.
(8) In this section —
(a) the reference to a business in the regulated sector must be
construed in accordance with Schedule 4 to the Proceeds of Crime
Act 2008.25
(b) [Repealed]26
(9) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
5 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, or to a fine not exceeding £5,000 or to both.27
12 Disclosure of information: permission
[P2000/11/20]
(1) A person may disclose to the FIU —
(a) a suspicion or belief that any money or other property is terrorist
property or is derived from terrorist property;
(b) any matter on which the suspicion or belief is based.28
(2) A person may make a disclosure to the FIU in the circumstances
mentioned in section 11(1) and (2).29
(3) Subsections (1) and (2) shall have effect notwithstanding any restriction
on the disclosure of information imposed by statute or otherwise.
(4) Where —
(a) a person is in employment, and
(b) his employer has established a procedure for the making of
disclosures of the kinds mentioned in subsection (1) and
section 11(2),
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subsections (1) and (2) shall have effect in relation to that person as if any
reference to disclosure to the FIU included a reference to disclosure in
accordance with the procedure.30
(5) [Repealed]31
13 Co-operation with police
[P2000/11/21]
(1) A person does not commit an offence under any of sections 7 to 10 if he is
acting with the express consent of the FIU.32
(2) Subject to subsections (3) and (4), a person does not commit an offence
under any of sections 7 to 10 if he discloses to the FIU —
(a) his suspicion or belief that the money or other property is terrorist
property, and
(b) the information on which his suspicion or belief is based.33
(3) Subsection (2) applies only where a person makes a disclosure —
(a) after he becomes concerned in the circumstances giving rise to the
offence,34
(b) on his own initiative, and
(c) as soon as is reasonably practicable.
(4) Subsection (2) does not apply to a person if —
(a) the FIU forbids him to continue his involvement in the matter to
which the disclosure relates, and35
(b) he continues his involvement.
(5) It is a defence for a person charged with an offence under any of
sections 7(2) and (3) and 8 to 10 to prove that —
(a) he intended to make a disclosure of the kind mentioned in
subsections (2) and (3), and
(b) there is reasonable excuse for his failure to do so.
(6) Where —
(a) a person is in employment, and
(b) his employer has established a procedure for the making of
disclosures of the same kind as may be made to the FIU under
subsection (2),36
this section shall have effect in relation to that person as if any reference
to disclosure to the FIU included a reference to disclosure in accordance
with the procedure.37
(7) [Repealed]38
Anti-Terrorism and Crime Act 2003 Section 14
c AT 6 of 2003 Page 21
14 Failure to disclose: regulated sector
[P2000/11/21A]
(1) A person commits an offence if each of the following three conditions is
satisfied.
(2) The first condition is that he —
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that another person has committed an offence under any of sections 7
to 10.
(3) The second condition is that the information or other matter —
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in the course of a business in the regulated sector.
(4) The third condition is that he does not disclose the information or other
matter to the FIU or a nominated officer as soon as is practicable after it
comes to him.39
(5) But a person does not commit an offence under this section if —
(a) he has a reasonable excuse for not disclosing the information or
other matter;
(b) he is a professional legal adviser and the information or other
matter came to him in privileged circumstances.
(6) In deciding whether a person committed an offence under this section
the court must consider whether he followed any relevant guidance
which was at the time concerned —
(a) issued by a supervisory authority or any other appropriate body,
and
(b) approved by the Treasury, and
(c) published in a manner it approved as appropriate in its opinion to
bring the guidance to the attention of persons likely to be affected
by it.
(7) A disclosure to a nominated officer is a disclosure which —
(a) is made to a person nominated by the alleged offender’s employer
to receive disclosures under this section, and
(b) is made in the course of the alleged offender’s employment and in
accordance with the procedure established by the employer for
the purpose.
(8) Information or other matter comes to a professional legal adviser in
privileged circumstances if it is communicated or given to him —
Section 15 Anti-Terrorism and Crime Act 2003
Page 22 AT 6 of 2003 c
(a) by (or by a representative of) a client of his in connection with the
giving by the adviser of legal advice to the client,
(b) by (or by a representative of) a person seeking legal advice from
the adviser, or
(c) by a person in connection with legal proceedings or contemplated
legal proceedings.
(9) But subsection (8) does not apply to information or other matter which is
communicated or given with a view to furthering a criminal purpose.
(10) Schedule 4 to the Proceeds of Crime Act 2008 has effect for the purpose of
determining what is —
(a) a business in the regulated sector;
(b) a supervisory authority.40
(11) For the purposes of subsection (2) a person is to be taken to have
committed an offence under one of sections 7 to 10 if —
(a) he has taken an action or been in possession of a thing, and
(b) he would have committed the offence if he had been in the Island
at the time when he took the action or was in possession of the
thing.
(12) A person guilty of an offence under this section is liable —
(a) on conviction on information, to custody for a term not exceeding
5 years or to a fine or to both;
(b) on summary conviction, to custody for a term not exceeding 12
months or to a fine not exceeding £5,000 or to both.41
(13) An appropriate body is any body which regulates or is representative of
any trade, profession, business or employment carried on by the alleged
offender.
(14) [Repealed]42
15 Protected disclosures
[P2000/11/21B]
(1) A disclosure which satisfies the following three conditions is not to be
taken to breach any restriction on the disclosure of information (however
imposed).
(2) The first condition is that the information or other matter disclosed came
to the person making the disclosure (the discloser) in the course of a
business in the regulated sector.
(3) The second condition is that the information or other matter —
(a) causes the discloser to know or suspect, or
(b) gives him reasonable grounds for knowing or suspecting,
Anti-Terrorism and Crime Act 2003 Section 15
c AT 6 of 2003 Page 23
that another person has committed an offence under any of sections 7
to 10.
(4) The third condition is that the disclosure is made to the FIU or a
nominated officer as soon as is practicable after the information or other
matter comes to the discloser.43
(5) A disclosure to a nominated officer is a disclosure which —
(a) is made to a person nominated by the discloser’s employer to
receive disclosures under this section, and
(b) is made in the course of the discloser’s employment and in
accordance with the procedure established by the employer for
the purpose.
(6) The reference to a business in the regulated sector must be construed in
accordance with Schedule 1.
(7) [Repealed]44
15A Meaning of “employment”
[P2008/28/77(3) & (4)]
(1) In sections 11 to 15 —
(a) “employment
” means any employment (whether paid or unpaid)
and includes —
(i) work under a contract for services or as an office-holder;
(ii) work experience provided pursuant to a training course or
programme or in the course of training for employment;
and
(iii) voluntary work;
(b) “employer
” has a corresponding meaning.
(2) So far as subsection (1) extends any provision of sections 11 to 15
involving belief or suspicion to cases to which that provision did not
previously apply, that provision applies where the belief or suspicion is
held after this section comes into operation even if based on information
that came to the person’s attention before this section was in operation.
(3) In any such case sections 11(2), 13(3) and 14(4) (duty to make disclosure
as soon as is reasonably practicable) are to be read as requiring the
person to act as soon as is reasonably practicable after this section comes
into operation.45
Section 16 Anti-Terrorism and Crime Act 2003
Page 24 AT 6 of 2003 c
Forfeiture
16 Forfeiture: terrorist property offences
[P2008/28/34]
(1) The court by or before which a person is convicted of an offence under
any of sections 7 to 10 may make a forfeiture order in accordance with
this section.
(2) Where a person is convicted of an offence under section 7(1) or (2) or 8,
the court may order the forfeiture of any money or other property which,
at the time of the offence, the person had in his or her possession or
under his or her control and which —
(a) had been used for the purposes of terrorism; or
(b) the person 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 7(3), the court
may order the forfeiture of any money or other property which, at the
time of the offence, the person had in his or her possession or under his
or her control and which —
(a) had been used for the purposes of terrorism; or
(b) which, at that time, he or she 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 9 or 10 the court
may order the forfeiture of any money or other property which, at the
time of the offence, the person had in his or her possession or under his
or her control and which —
(a) had been used for the purposes of terrorism; or
(b) was, at that time, intended by him or her to be used for those
purposes.
(5) Where a person is convicted of an offence under section 9 the court may
order the forfeiture of the money or other property to which the offence
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 10 the court may
order the forfeiture of the money or other property to which the offence
related.
(7) Where a person is convicted of an offence under any of sections 7 to 10,
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
Anti-Terrorism and Crime Act 2003 Section 16
c AT 6 of 2003 Page 25
payment or other reward in connection with the commission of the
offence.46
16A Forfeiture: other terrorism offences and offences with a terrorist
connection
[P2008/28/35]
(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 —
(a) any offence under this Act other than an offence under sections 7
to 10; and
(b) an offence specified in Schedule 2A (offences where terrorist
connection to be considered) as to which the court dealing with
the offence has determined, in accordance with section 72B, that
the offence has a terrorist connection.47
16B Special forfeiture orders
(1) This section applies where —
(a) the court wishes to make a forfeiture order under section 16
or 16A;
(b) the court is prevented from making the order, or an order to the
extent it wishes, due only to the money or other property
mentioned in those sections being no longer in the possession or
control of the convicted person; and
(c) the convicted person has money or other property, or an interest
in money or other property, that the court wishes to be the subject
of a forfeiture order.
(2) Where the conditions in subsection (1) are satisfied, the court may make
a special forfeiture order in relation to any money or other property
mentioned in subsection (1)(c) up to the equivalent value of the money or
other property mentioned in section 16 or 16A.48
Section 17 Anti-Terrorism and Crime Act 2003
Page 26 AT 6 of 2003 c
16C Forfeiture: supplementary provisions
[P2008/28/36]
(1) Before making an order under section 16, 16A or 16B, 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 16, 16A or 16B in
respect of any property, a court must 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) When considering whether to make an order under section 16, 16A or
16B, the court may take into account any information that has been
placed before it showing that a victim of an offence to which the
proceedings relate has instituted, or intends to institute, civil proceedings
against the defendant in respect of loss, injury or damage sustained in
connection with the offence.
(4) Schedule 2 makes further provision in relation to forfeiture orders under
section 16, 16A or 16B.49
Terrorist cash and accounts
17 Forfeiture of terrorist cash
[P2001/24/1]
Schedule 3 (which makes provision for the forfeiture of terrorist cash in civil
proceedings before the High Bailiff) shall have effect.
18 Account monitoring orders
[P2000/11/38A]
Schedule 4 (account monitoring orders) shall have effect.
PART IIIA - NOTIFICATION REQUIREMENTS
Introductory
18A Scheme of this Part
[P2008/28/40]
(1) This Part imposes notification requirements on persons dealt with in
respect of certain offences —
(a) sections 18B to 18D specify the offences to which this Part applies;
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 27
(b) sections 18E to 18G make provision as to the sentences or orders
triggering the notification requirements;
(c) sections 18H to 18L contain the notification requirements; and
(d) section 18M 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 Island for corresponding offences (see
sections 18Q to 18T); and
(b) orders imposing restrictions on travel outside the Island on
persons subject to the notification requirements (see section 18U
and Schedule 4A).50
Offences to which this Part applies
18B Offences to which this Part applies: terrorism offences
[P2008/28/41]
This Part applies to an offence under this Act.51
18C Offences to which this Part applies: offences having terrorist
connection
[P2008/28/42]
(1) This Part applies to an offence specified in Schedule 2A that a court has
determined under section 72B (sentences for offences with a terrorist
connection) to have a terrorist connection.
(2) A person to whom the notification requirements apply by virtue of such
a determination as is mentioned in subsection (1) 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) Where an order is made under section 72C removing an offence from the
list in Schedule 2A, a person subject to the notification requirements by
reason of that offence being so listed (and who is not otherwise subject to
those requirements) ceases to be subject to them when the order comes
into operation.52
Section 18 Anti-Terrorism and Crime Act 2003
Page 28 AT 6 of 2003 c
18D Offences dealt with before commencement
[P2008/28/43]
(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 18B (offences to which this Part applies: terrorism
offences); and
(b) immediately before the commencement of this Part the person —
(i) is in custody or detained in pursuance of the sentence
passed or order made in respect of the offence;
(ii) would be so in custody 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 custody 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’s being or having been found
to be under a disability and to have done the act charged against
him or her in respect of an offence includes a reference to that
person’s being or having been found —
(i) unfit to be tried for the offence;
(ii) insane so that his or her trial for the offence cannot or
could not proceed; or
(iii) unfit to be tried and to have done the act charged against
him or her in respect of the offence.53
Persons to whom notification requirements apply
18E Persons to whom notification requirements apply
[P2008/28/44]
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 18F (sentences or orders triggering notification
requirements).54
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 29
18F Sentences or orders triggering notification requirements
[P2008/28/45]
The notification requirements apply to a person who —
(a) has been convicted of an offence to which this Part applies and
sentenced in respect of the offence to —
(i) custody for life;
(ii) in the case of a person under the age of 18, to custody for
12 months or more; or
(iii) 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 custody 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.55
18G Power to amend specified terms or periods of custody or detention
[P2008/28/46]
(1) The Department may by order amend the provisions of section 18F
referring to a specified term or period of custody 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 operation.
(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 operation; and
(b) a person who would not have been subject to the notification
requirements if the order had been in operation 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 operation.56
Notification requirements
18H Initial notification
[P2008/28/47]
(1) A person to whom the notification requirements apply must notify the
following information to the police within the period of 3 days beginning
Section 18 Anti-Terrorism and Crime Act 2003
Page 30 AT 6 of 2003 c
with the day on which the person is dealt with in respect of the offence in
question.
(2) The information required is —
(a) the person’s date of birth;
(b) the person’s national insurance number;
(c) the person’s name on the date on which the person was dealt with
in respect of the offence (or, where the person used one or more
other names on that date, each of those names);
(d) the person’s home address on that date;
(e) the person’s name on the date on which notification is made (or,
where the person uses one or more other names on that date, each
of those names);
(f) the person’s home address on the date on which notification is
made;
(g) the address of any other premises in the Island at which, at the
time the notification is made, the person regularly resides or stays;
(h) if the person is employed, the name and address of the person’s
employer;
(i) if the person is undergoing further education, the name and
address of the educational establishment and the title of the
course concerned;
(j) any prescribed information.
(3) 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 custody or detention;
(c) detained in a hospital; or
(d) detained under the Immigration Acts.
(4) 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.
(5) 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 in custody 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
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 31
(b) is on licence, having served the custodial part of a sentence of
custody 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.57
18I Notification of changes
[P2008/28/48]
(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 Island the address of which has previously not
been notified to the police —
(a) for a period of 7 days; or
(b) for 2 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 custody 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 provision does not apply if the person is at the same time required to notify
the police under section 18H (initial notification).
(5) A person who is required to notify information within section 18H(2)(j)
(prescribed information) must notify the police of the prescribed details
of any prescribed changes in that information.
(6) Notification under this section must be made before the end of the period
of 3 days beginning with the day on which the event in question occurs.
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.
(7) In determining the period within which notification is to be made under
this section, there shall be disregarded any time when the person is —
Section 18 Anti-Terrorism and Crime Act 2003
Page 32 AT 6 of 2003 c
(a) remanded in or committed to custody by an order of a court;
(b) serving a sentence of custody or detention;
(c) detained in a hospital; or
(d) detained under the Immigration Acts.
(8) References in this section to previous notification are to previous
notification by the person under section 18H (initial notification), this
section, section 18J (periodic re-notification) or section 18P (notification
on return after absence from Island).
(9) Notification under this section must be accompanied by re-notification of
the other information mentioned in section 18H(2).58
18J Periodic re-notification
[P2008/28/49]
(1) A person to whom the notification requirements apply must, within the
period of one year after last notifying the police in accordance with —
(a) section 18H (initial notification);
(b) section 18I (notification of changes);
(c) this section; or
(d) section 18P (notification on return after absence from Island),
re-notify to the police the information mentioned in section 18H(2).
(2) Subsection (1) does not apply if the period referred to in that subsection
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 custody or detention;
(c) detained in a hospital; or
(d) detained under the Immigration Acts.
(3) In that case section 18I(4) and (9) (duty to notify of release and to re-
notify other information) apply when the person is released.59
18K Method of notification and related matters
[P2008/28/50]
(1) This section applies to notification under —
(a) section 18H (initial notification);
(b) section 18I (notification of changes);
(c) section 18J (periodic re-notification); or
(d) section 18P (notification on return after absence from Island).
(2) Notification must be made by the person —
(a) attending at a police station; and
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 33
(b) making an oral notification to a police officer or to a person
authorised for the purpose by the officer in charge of the station.
(3) The notification must be acknowledged.
(4) The acknowledgement must be in writing, and in such form as the
Department may direct.
(5) The person making the notification must, if requested to do so by the
police officer or person to whom the notification is made, allow the
officer or person to —
(a) take the person’s fingerprints;
(b) photograph any part of the person; or
(c) do both these things,
for the purpose of verifying the person’s identity.60
18L Travel outside Island
[P2008/28/52]
(1) The Department may by regulations make provision requiring a person
to whom the notification requirements apply who leaves the Island —
(a) to notify the police of the person’s departure before the person
leaves; and
(b) to notify the police of the person’s return if the person
subsequently returns to the Island.
(2) Notification of departure must disclose —
(a) the date on which the person intends to leave the Island;
(b) the country (or, if there is more than one, the first country) to
which the person will travel;
(c) the person’s point of arrival (determined in accordance with the
regulations) in that country;
(d) any other information required by the regulations.
(3) Notification of return must disclose such information as is required by
the regulations about the person’s return to the Island.
(4) Notification under this section must be given in accordance with the
regulations.61
Period for which notification requirements apply
18M Period for which notification requirements apply
[P2008/28/53]
(1) The period for which the notification requirements apply is —
(a) 30 years in the case of a person who —
Section 18 Anti-Terrorism and Crime Act 2003
Page 34 AT 6 of 2003 c
(i) is aged 17 or over at the time of conviction for the offence;
and
(ii) receives in respect of the offence a sentence within
subsection (2);
(b) 10 years in any other case.
(2) The sentences in respect of which a 30 year period applies are —
(a) custody for life;
(b) detention during Her Majesty’s pleasure.
(3) The period begins with the day on which the person is dealt with for the
offence.
(4) If a person who is the subject of a finding within section 18F(b)(iii)
(finding of disability) is subsequently tried for the offence, the period
resulting from that finding ends —
(a) if the person is acquitted, at the conclusion of the trial;
(b) if the person is convicted, when the person is again dealt with in
respect of the offence.
(5) For the purposes of determining the length of the period —
(a) a person who has been sentenced in respect of 2 or more offences
to which this Part applies to consecutive terms of custody is
treated as if sentenced, in respect of each of the offences, to a term
of custody equal to the aggregate of the terms; and
(b) a person who has been sentenced in respect of 2 or more such
offences to concurrent terms of custody (X and Y) that overlap for
a period (Z) is treated as if sentenced, in respect of each of the
offences, to a term of custody equal to X plus Y minus Z.
(6) In determining whether the period has expired, there shall be
disregarded any period when the person was —
(a) remanded in or committed to custody by an order of a court;
(b) serving a sentence of custody or detention;
(c) detained in a hospital; or
(d) detained under the Immigration Acts.62
Offences in relation to notification
18N Offences relating to notification
[P2008/28/54]
(1) A person commits an offence who —
(a) fails without reasonable excuse to comply with —
section 18H (initial notification);
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 35
section 18I (notification of changes);
section 18J (periodic re-notification);
section 18K(5) (taking of fingerprints or photographs);
any regulations made under section 18L(1) (travel outside
Island); or
section 18P (notification on return after absence from
Island); or
(b) notifies to the police in purported compliance with —
section 18H (initial notification);
section 18I (notification of changes);
section 18J (periodic re-notification);
any regulations made under section 18L(1) (travel outside
Island); or
section 18P (notification on return after absence from
Island),
any information that the person knows to be false.
(2) A person guilty of an offence under this section is liable —
(a) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both;
(b) on conviction on information, to custody for not more than 5
years, a fine, or both.
(3) A person —
(a) commits an offence under subsection (1)(a) on the day on which
the person first fails without reasonable excuse to comply with —
section 18H (initial notification);
section 18I (notification of changes);
section 18J (periodic re-notification);
any regulations made under section 18L(1) (travel outside
Island); or
section 18P (notification on return after absence from
Island); and
(b) continues to commit it throughout any period during which the
failure continues.
But a person must not be prosecuted under subsection (1) more than
once in respect of the same failure.63
Section 18 Anti-Terrorism and Crime Act 2003
Page 36 AT 6 of 2003 c
18O Effect of absence from the Island
[P2008/28/55]
(1) If a person to whom the notification requirements apply is absent from
the Island for any period the following provisions apply.
(2) During the period of absence the period for which the notification
requirements apply continues to run.
(3) The period of absence does not affect the obligation under section 18H
(initial notification).
(4) However, section 18H does not apply if —
(a) the period of absence begins before the end of the period within
which notification must be made under that section; and
(b) the person’s absence results from the person’s removal from the
Island.
(5) Section 18I (notification of changes) —
(a) applies in relation to an event that occurs before the period of
absence; but
(b) does not apply in relation to an event that occurs during the
period of absence.
Paragraph (a) is subject to subsection (6).
(6) Section 18I does not apply in relation to an event that occurs before the
period of absence if —
(a) the period of absence begins before the end of the period within
which notification must be made under that section; and
(b) the person’s absence results from the person’s removal from the
Island.
(7) Section 18J (periodic re-notification) does not apply if the period referred
to in subsection (1) of that section ends during the period of absence.
(8) Section 18M(6) (disregard of period of custody etc) applies in relation to
the period of absence as if it referred to any period when the
person was —
(a) remanded in or committed to custody by an order of a court
outside the Island;
(b) serving a sentence of custody, imprisonment or detention
imposed by such a court;
(c) detained in a hospital pursuant to an order of such a court that is
equivalent to a hospital order; or
(d) subject to a form of detention outside the Island that is equivalent
to detention under the Immigration Acts.
(9) References in this section and section 18P to a person’s removal from the
Island include —
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 37
(a) the person’s removal from the Island in accordance with the
Immigration Acts;
(b) the person’s extradition from the Island;
(c) the person’s transfer from the Island to another country pursuant
to a warrant under section 1 of the Repatriation of Prisoners Act
1984 (of Parliament), as that Act has effect in the Island;
(d) the person’s exclusion by order under section 1 of the Criminal
Justice (Exclusion of Non-Resident Offenders) Act 1998; or
(e) the person’s transfer to a prison outside the Island.64
18P Notification on return after absence from Island
[P2008/28/56]
(1) This section applies if, before the end of the period for which the
notification requirements apply, a person to whom the requirements
apply returns to the Island after a period of absence and —
(a) the person was not required to make a notification under
section 18H (initial notification);
(b) there has been a change to any of the information last notified to
the police in accordance with —
(i) section 18H;
(ii) section 18I (notification of changes);
(iii) section 18J (periodic re-notification); or
(iv) this section; or
(c) the period referred to in section 18J(1) (period after which re-
notification required) ended during the period of absence.
(2) The person must notify or (as the case may be) re-notify to the police the
information mentioned in section 18H(2) within the period of 3 days
beginning with the day of return.
(3) 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 custody or detention;
(c) detained in a hospital; or
(d) detained under the Immigration Acts.
(4) This section does not apply if —
(a) the person subsequently leaves the Island;
(b) the period of absence begins before the end of the period within
which notification must be made under this section; and
Section 18 Anti-Terrorism and Crime Act 2003
Page 38 AT 6 of 2003 c
(c) the person’s absence results from the person’s removal from the
Island.
(5) The obligation under this section does not affect any obligation to notify
information under section 18L(3) (regulations requiring notification of
return).65
Supplementary provisions
18Q Application of notification requirements to persons dealt with outside
Island
[P2008/28/57]
(1) The notification requirements of this Part (as adapted by section 18T)
apply to persons who have been dealt with outside the Island in respect
of a corresponding offence if section 18S is satisfied.66
18R Corresponding offences
[P2008/28/Sch 4 para 2]
(1) In this Part, a “corresponding offence
” means an act that —
(a) constituted an offence under the law in force in a country outside
the Island; and
(b) corresponds to an offence to which this Part applies.
(2) For this purpose an act punishable under the law in force in a country
outside the Island is regarded as constituting an offence under that law
however it is described in that law.
(3) An act corresponds to an offence to which this Part applies if —
(a) it would have constituted an offence to which this Part applies by
virtue of section 18B if it had been done in the Island; or
(b) it was, or took place in the course of, an act of terrorism or was
done for the purposes of terrorism.
(4) The condition in sub-section (3)(a) or (b) is to be taken to be met unless —
(a) the defendant serves on the applicant, not later than rules of court
may provide, a notice —
(i) stating that, on the facts as alleged with respect to the act
concerned, the condition is not in the defendant’s opinion
met;
(ii) showing the defendant’s grounds for that opinion; and
(iii) requiring the applicant to prove that the condition is
met; or
(b) the court permits the defendant to require the applicant to prove
that the condition is met without service of such a notice.67
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 39
18S Conditions for application of notification requirements to persons
dealt with outside Island
[P2008/28/Sch 4 para 3]
(1) The following conditions must be satisfied for the notification
requirements of this Part to apply in respect of a person.
(2) The first condition is that under the law in force in a country outside the
Island —
(a) the person has been convicted of a corresponding offence and has
received in respect of the offence a sentence equivalent to a
sentence mentioned in section 18F(a); or
(b) a court exercising jurisdiction under that law has, in respect of a
corresponding offence —
(i) convicted the person or made a finding in relation to the
person equivalent to a finding mentioned in
section 18F(b)(ii) or (iii) (finding of insanity or disability);
and
(ii) made the person subject to an order equivalent to a
hospital order.
(3) This condition is not met if there was a flagrant denial of the person’s
right to a fair trial.
(4) The second condition is that —
(a) the sentence was imposed or order made after the commencement
of this Part; or
(b) the sentence was imposed or order made before the
commencement of this Part and immediately before that time the
person —
(i) was in custody or detained in pursuance of the sentence or
order;
(ii) would have been in custody or detained but for being
unlawfully at large or otherwise unlawfully absent,
lawfully absent on a temporary basis or on bail pending an
appeal; or
(iii) had been released on licence, or was subject to an
equivalent form of supervision, having served the whole or
part of a sentence of custody for the offence.
(5) The third condition is that the period for which the notification
requirements would apply in respect of the offence (in accordance with
section 18M as modified by section 18T(d)) has not expired.68
Section 18 Anti-Terrorism and Crime Act 2003
Page 40 AT 6 of 2003 c
18T Adaptations of provisions of this Part in relation to proceedings
outside Island
[P2008/28/Sch 4, para 8]
The provisions of this Part have effect with the following adaptations in relation
to proceedings and cases outside the Island where the notification
requirements apply —
(a) in section 18W(1) (references to dealing with an offence) for
“being sentenced, or made subject to a hospital order” substitute
“being made subject by the court outside the Island to a sentence
or order within section 18S(2)(a) or (b)”;
(b) in section 18W(2) (references to time when person dealt with for
an offence) for “by a court of summary jurisdiction or the Court of
General Gaol Delivery” substitute “by the court of first instance
outside the Island”;
(c) for the purposes of section 18H (initial notification) the period
within which notification is to be made is within 2 days —
(i) beginning with the day on which the person arrives in the
Island; or
(ii) of the commencement of this Part if the person has been in
the Island for more than 2 days;
(d) in section 18M (period for which notification requirements apply)
a reference to a sentence or order of any description is to be read
as a reference to an equivalent sentence or order of the court
outside the Island.69
18U Travel restriction orders
[P2008/28/58]
Schedule 4A makes provision for travel restriction orders prohibiting persons to
whom the notification requirements apply from travelling from the Island —
(a) to a country named or described in the order;
(b) to any country other than a country named or described in the
order; or
(c) to any country.70
18V Interpretation for Part IIIA
[P2008/28/60]
In this Part —
“country
” includes a territory;
“detained in a hospital
” means detained in a hospital under Part 3 of the Mental
Health Act 1998;
“home address
” means, in relation to a person —
Anti-Terrorism and Crime Act 2003 Section 18
c AT 6 of 2003 Page 41
(a) the address of the person’s sole or main residence in the Island; or
(b) where the person has no such residence, the address or location of
a place in the Island where the person can regularly be found and,
if there is more than one such place, such one of those places as
the person may select;
“hospital order
” means a hospital order within the meaning of the Mental
Health Act 1998;
“Immigration Acts
” means any of the Acts mentioned in section 64(2) of the
Immigration, Asylum and Nationality Act 2006, of Parliament (to the
extent that those acts have effect in the Island);
“photograph
” includes any process by means of which an image may be
produced;
“prescribed
” means prescribed by regulations made by the Department;
“release
” from custody or detention includes release on licence but not
temporary release.71
18W References to person being “dealt with” for an offence
[P2008/28/61]
(1) References in this Part to a person’s being dealt with for or in respect of
an offence are to his or her being sentenced, or made subject to a hospital
order, in respect of the offence.
References in this Part to an offence being dealt with are to a person
being dealt with in respect of the offence.
(2) Subject to the following provisions of this section, references in this Part
to the time at which a person is dealt with for an offence are to the time
at which they are first dealt with by a court of summary jurisdiction or
the Court of General Gaol Delivery.
This is referred to below as “the original decision”.
(3) Where the original decision is varied (on appeal or otherwise), then —
(a) if the result is that the conditions for application of the notification
requirements to a person in respect of an offence cease to be met
(and paragraph (c) does not apply), the notification requirements
are treated as never having applied to that person in respect of
that offence;
(b) if the result is that the conditions for application of the notification
requirements to a person in respect of an offence are met where
they were not previously met (and paragraph (c) does
not apply) —
(i) the person is treated as dealt with for the offence when the
variation takes place; and
(ii) the notification requirements apply accordingly;
Section 18 Anti-Terrorism and Crime Act 2003
Page 42 AT 6 of 2003 c
(c) if —
(i) a conviction of, or finding in relation to, a different offence
is substituted; and
(ii) the conditions for application of the notification
requirements were met in respect of the original offence
and are also met in respect of the substituted offence,
the person is treated as if he or she had been dealt with for the
substituted offence at the time of the original decision;
(d) if the sentence is varied so as to become one by virtue of which
the notification requirements would apply for a different period,
the period for which those requirements apply shall be
determined as if the sentence as varied had been imposed at the
time of the original decision;
(e) in any other case, the variation is disregarded.
(4) For the purposes of —
(a) section 18E(a) (persons subject to notification requirements: age
when dealt with for offence);
(b) section 18G(2) (effect of order reducing term or period triggering
notification requirements);
(c) section 18M(4)(b) (period for which notification requirements
apply: ending of period resulting from finding of disability etc
where person subsequently tried); and
(d) paragraph 2(3) of Schedule 4A (conditions for making travel
restriction order: behaviour since offence dealt with),
a person is treated as dealt with at the time of the original decision and
any subsequent variation of the decision is disregarded.
(5) For the purposes of —
(a) section 18D (application of Part to offences dealt with before
commencement); and
(b) paragraph 2(4) of Schedule 4A (conditions for making travel
restriction order where offence dealt with before commencement),
a person is dealt with for an offence before the commencement of this
Part if the time of the original decision falls before the commencement of
this Part.
Where in such a case subsection (3) applies for the purposes of any
provision of this Part, that subsection has effect as if the provisions of
this Part had been in force at all material times.
(6) In section 18H(5) (adaptation of initial notification requirements in case
of offence dealt with before commencement) —
Anti-Terrorism and Crime Act 2003 Section 19
c AT 6 of 2003 Page 43
(a) the reference in the opening words to an offence dealt with before
the commencement of this Part is to an offence where the time of
the original decision falls before the commencement of this Part;
and
(b) the reference in the closing words to when the offence is dealt
with has the same meaning as in subsection (1) of that section.
(7) References in this section to the variation of a decision include any
proceedings by which the decision is altered, set aside or quashed, or in
which a further decision is come to following the setting aside or
quashing of the decision.72
PART IV – TERRORIST INVESTIGATIONS
Interpretation
19 Terrorist investigation
[P2000/11/32]
In this Act “terrorist investigation
” means an investigation of —
(a) the commission, preparation or instigation of acts of terrorism,
(b) an act which appears to have been done for the purposes of
terrorism,
(c) the resources of a proscribed organisation, or
(d) the commission, preparation or instigation of an offence under
this Act.
Cordons
20 Cordoned areas
[P2000/11/33]
(1) An area is a cordoned area for the purposes of this Act if it is designated
under this section.
(2) A designation may be made only if the person making it considers it
expedient for the purposes of a terrorist investigation.
(3) If a designation is made orally, the person making it shall confirm it in
writing as soon as is reasonably practicable.
(4) The person making a designation shall arrange for the demarcation of
the cordoned area, so far as is reasonably practicable —
(a) by means of tape marked with the word “police”, or
(b) in such other manner as a constable considers appropriate.
Section 21 Anti-Terrorism and Crime Act 2003
Page 44 AT 6 of 2003 c
21 Power to designate
[P2000/11/34]
(1) Subject to subsection (2), a designation under section 20 may only be
made by a police officer who is of at least the rank of chief inspector.
(2) A constable who is not of the rank required by subsection (1) may make a
designation if he considers it necessary by reason of urgency.
(3) Where a constable makes a designation in reliance on subsection (2) he
shall as soon as is reasonably practicable —
(a) make a written record of the time at which the designation was
made, and
(b) ensure that a police officer of at least the rank of chief inspector is
informed.
(4) An officer who is informed of a designation in accordance with
subsection (3)(b) —
(a) shall confirm the designation or cancel it with effect from such
time as he may direct, and
(b) shall, if he cancels the designation, make a written record of the
cancellation and the reason for it.
22 Duration
[P2000/11/35]
(1) A designation under section 20 has effect, subject to subsections (2) to (5),
during the period —
(a) beginning at the time when it is made, and
(b) ending with a date or at a time specified in the designation.
(2) The date or time specified under subsection (1)(b) must not occur after
the end of the period of 14 days beginning with the day on which the
designation is made.
(3) The period during which a designation has effect may be extended in
writing from time to time by —
(a) the person who made it, or
(b) a person who could have made it (otherwise than by virtue of
section 21(2)).
(4) An extension shall specify the additional period during which the
designation is to have effect.
(5) A designation shall not have effect after the end of the period of 28 days
beginning with the day on which it is made.
Anti-Terrorism and Crime Act 2003 Section 23
c AT 6 of 2003 Page 45
23 Police powers
[P2000/11/36]
(1) A constable in uniform may —
(a) order a person in a cordoned area to leave it immediately;
(b) order a person immediately to leave premises which are wholly or
partly in or adjacent to a cordoned area;
(c) order the driver or person in charge of a vehicle in a cordoned
area to move it from the area immediately;
(d) arrange for the removal of a vehicle from a cordoned area;
(e) arrange for the movement of a vehicle within a cordoned area;
(f) prohibit or restrict access to a cordoned area by pedestrians or
vehicles.
(2) A person commits an offence if he fails to comply with an order,
prohibition or restriction imposed by virtue of subsection (1).
(3) It is a defence for a person charged with an offence under subsection (2)
to prove that he had a reasonable excuse for his failure.
(4) A person guilty of an offence under subsection (2) shall be liable on
summary conviction to custody for a term not exceeding 3 months, or a
fine not exceeding £2,500, or to both.
Information and evidence
24 Powers
[P2000/11/37]
Schedule 5 (power to obtain information or evidence, etc.) shall have effect.73
25 Financial information
[P2000/11/38]
Schedule 6 (financial information) shall have effect.
26 Information or evidence about acts of terrorism
74
[P2001/24/117]
(1) This section applies where a person has information or evidence 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 Island, for an offence involving the
commission, preparation or instigation of an act of terrorism.75
Section 27 Anti-Terrorism and Crime Act 2003
Page 46 AT 6 of 2003 c
(2) The person commits an offence if he does not disclose the information or
evidence as soon as reasonably practicable in accordance with
subsection (3).76
(3) Disclosure is in accordance with this subsection if it is made to a
constable.
(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 information, to custody for a term not exceeding
5 years, or to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, or to a fine not exceeding £5,000 or to both.77
(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 or
evidence might be of material assistance as mentioned in subsection (1).78
27 Disclosure to prejudice terrorist investigations
79
[P2000/11/39]
(1) Subsection (2) applies where a person knows or has reasonable cause to
suspect that a constable is conducting or proposes to conduct a terrorist
investigation.
(2) The person commits an offence if he —
(a) discloses to another anything which is likely to prejudice the
investigation, or
(b) interferes with material which is likely to be relevant to the
investigation.
(3) Subsection (4) applies where a person knows or has reasonable cause to
suspect that a disclosure has been or will be made under any of
sections 11 to 13 or 26.
(4) The person commits an offence if he —
(a) discloses to another anything which is likely to prejudice an
investigation resulting from the disclosure under that section, or
(b) interferes with material which is likely to be relevant to an
investigation resulting from the disclosure under that section.
(5) It is a defence for a person charged with an offence under subsection (2)
or (4) to prove —
Anti-Terrorism and Crime Act 2003 Section 28
c AT 6 of 2003 Page 47
(a) that he did not know and had no reasonable cause to suspect that
the disclosure or interference was likely to affect a terrorist
investigation, or
(b) that he had a reasonable excuse for the disclosure or interference.
(6) Subsections (2) and (4) do not apply to a disclosure which is made by a
professional legal adviser —
(a) to his client or to his client’s representative in connection with the
provision of legal advice by the adviser to the client and not with
a view to furthering a criminal purpose, or
(b) to any person for the purpose of actual or contemplated legal
proceedings and not with a view to furthering a criminal purpose.
(7) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
5 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.80
(8) For the purposes of this section —
(a) a reference to conducting a terrorist investigation includes a
reference to taking part in the conduct of, or assisting, a terrorist
investigation, and
(b) a person interferes with material if he falsifies it, conceals it,
destroys it or disposes of it, or if he causes or permits another to
do any of those things.
PART V – COUNTER-TERRORIST POWERS
Port controls
28 Port controls
[P2000/11/53]
(1) Schedule 7 (port controls) shall have effect.
(2) The powers conferred by Schedule 7 shall be exercisable notwithstanding
the rights conferred by —
(a) section 1 of the Immigration Act (general principles regulating
entry into and staying in the Island;
(b) the Residence Act 2001 (regulation of residence in the Island).
Section 29 Anti-Terrorism and Crime Act 2003
Page 48 AT 6 of 2003 c
Suspected terrorists
29 Terrorist: interpretation —
[P2000/11/40]
(1) In this Part, “terrorist
” means a person who —
(a) has committed an offence under this Act, or81
(b) is or has been concerned in the commission, preparation or
instigation of acts of terrorism.
(2) The reference in subsection (1)(b) to a person who has been concerned in
the commission, preparation or instigation of acts of terrorism includes a
reference to a person who has been, whether before or after the passing
of this Act, concerned in the commission, preparation or instigation of
acts of terrorism within the meaning given by section 1.
30 Arrest without warrant
[P2000/11/41]
(1) A constable may arrest without a warrant a person whom he reasonably
suspects to be a terrorist.
(2) Where a person is arrested under this section the provisions of Schedule
8 (detention: treatment, review and extension) shall apply.
(3) Subject to subsections (4) to (7), a person detained under this section shall
(unless detained under any other power) be released not later than the
end of the period of 48 hours beginning —
(a) with the time of his arrest under this section, or
(b) if he was being detained under Schedule 7 when he was arrested
under this section, with the time when his examination under that
Schedule began.
(4) If on a review of a person’s detention under Part II of Schedule 8 the
review officer does not authorise continued detention, the person shall
(unless detained in accordance with subsection (5) or (6) or under any
other power) be released.
(5) Where a police officer intends to make an application for a warrant
under paragraph 25 of Schedule 8 extending a person’s detention, the
person may be detained pending the making of the application.
(6) Where an application has been made under paragraph 25 or 32 of
Schedule 8 in respect of a person’s detention, he may be detained
pending the conclusion of proceedings on the application.
(7) Where an application under paragraph 25 or 32 of Schedule 8 is granted
in respect of a person’s detention, he may be detained, subject to
paragraph 33 of that Schedule, during the period specified in the
warrant.
Anti-Terrorism and Crime Act 2003 Section 31
c AT 6 of 2003 Page 49
(8) The refusal of an application in respect of a person’s detention under
paragraph 25 or 32 of Schedule 8 shall not prevent his continued
detention in accordance with this section.
31 Search of premises
[P2000/11/42]
(1) A justice of the peace may on the application of a constable issue a
warrant in relation to specified premises if he is satisfied that there are
reasonable grounds for suspecting that a person whom the constable
reasonably suspects to be a person falling within section 29(1)(b) is to be
found there.
(2) A warrant under this section shall authorise any constable to enter and
search the specified premises for the purpose of arresting the person
referred to in subsection (1) under section 30.
31A Search, seizure and forfeiture of terrorist publications
[P2006/11/28]
(1) If a justice of the peace is satisfied that there are reasonable grounds for
suspecting that articles to which this section applies are likely to be
found on any premises, the justice of the peace may issue a warrant
authorising a constable —
(a) to enter and search the premises; and
(b) to seize anything found there which the constable has reason to
believe is such an article.
(2) This section applies to an article if —
(a) it is likely to be the subject of conduct falling within
subsection (2)(a) to (e) of section 47B; and
(b) it would fall for the purposes of that section to be treated, in the
context of the conduct to which it is likely to be subject, as a
terrorist publication.
(3) A person exercising a power conferred by a warrant under this section
may use such force as is reasonable in the circumstances for exercising
that power.
(4) An article seized under the authority of a warrant issued under
this section —
(a) may be removed by a constable to such place as the constable
thinks fit; and
(b) must be retained there in the custody of a constable until returned
or otherwise disposed of in accordance with this Act.
Section 32 Anti-Terrorism and Crime Act 2003
Page 50 AT 6 of 2003 c
(5) An article to which this section applies which is seized under the
authority of a warrant issued under this section on an application made
by or on behalf of the Attorney General —
(a) shall be liable to forfeiture; and
(b) if forfeited, may be destroyed or otherwise disposed of by a
constable in whatever manner he or she thinks fit.
(6) Schedule 8A (which makes provision about the forfeiture of articles to
which this section applies) has effect.
(7) In this section “forfeited” means treated or condemned as forfeited under
Schedule 8A.82
32 Search of persons
[P2000/11/43]
(1) A constable may stop and search a person whom he reasonably suspects
to be a terrorist to discover whether he has in his possession anything
which may constitute evidence that he is a terrorist.
(2) A constable may search a person arrested under section 30 to discover
whether he has in his possession anything which may constitute
evidence that he is a terrorist.
(3) A search of a person under this section must be carried out by someone
of the same sex.
(4) A constable may seize and retain anything which he discovers in the
course of a search of a person under subsection (1) or (2) and which he
reasonably suspects may constitute evidence that the person is a terrorist.
(5) Subsection (6) applies if a constable, in exercising the power under
subsection (1) to stop a person whom the constable reasonably suspects
to be a terrorist, stops a vehicle (see section 66(2)).83
(6) The constable —
(a) may search the vehicle and anything in or on it to discover
whether there is anything which may constitute evidence that the
person concerned is a terrorist, and
(b) may seize and retain anything which the constable —
(i) discovers in the course of such a search, and
(ii) reasonably suspects may constitute evidence that the
person is a terrorist.84
(7) Nothing in subsection (6) confers a power to search any person but the
power to search in that subsection is in addition to the power in
subsection (1) to search a person whom the constable reasonably
suspects to be a terrorist.85
Anti-Terrorism and Crime Act 2003 Section 32
c AT 6 of 2003 Page 51
32AA Search of vehicles
(1) Subsection (2) applies if a constable reasonably suspects that a vehicle is
being used for the purposes of terrorism.
(2) The constable may stop and search —
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger in the vehicle; and
(d) anything in or on the vehicle or carried by the driver or a
passenger,
to discover whether there is anything which may constitute evidence that
the vehicle is being used for the purposes of terrorism.
(3) A constable may seize and retain anything that the constable —
(a) discovers in the course of such a search; and
(b) reasonably suspects may constitute evidence that the vehicle is
being used for the purposes of terrorism.
(4) In this section “driver”, in relation to an aircraft, hovercraft or vessel,
means the captain, pilot or other person with control of the aircraft,
hovercraft or vessel or any member of its crew and, in relation to a train
or tram, includes any member of its crew.86
Power to remove documents for examination87
32A Application of power
[P2008/28/1]
(1) This section applies to a search under any of the following provisions —
(a) section 31A (search for terrorist publications);
(b) section 32(1) (search of suspected terrorist);
(c) section 32(2) (search of person arrested under section 30 on
suspicion of being a terrorist);
(d) paragraph 1, 3, 10 or 14 of Schedule 5 (terrorist investigations).
(2) A constable who carries out a search to which this section applies may,
for the purpose of ascertaining whether a document is one that may be
seized, remove the document to another place for examination and retain
it there until the examination is completed.
(3) Where a constable carrying out a search to which this section applies has
power to remove a document by virtue of this section, and the
document —
(a) consists of information that is stored in electronic form; and
(b) is accessible from the premises being searched,
Section 32 Anti-Terrorism and Crime Act 2003
Page 52 AT 6 of 2003 c
the constable may require the document to be produced in a form in
which it can be taken away, and in which it is visible and legible or from
which it can readily be produced in a visible and legible form.
(4) A constable has the same powers of seizure in relation to a document
removed under this section as the constable would have if it had not
been removed (and if anything discovered on examination after removal
had been discovered without it having been removed).88
32B Offence of obstruction
[P2008/28/2]
A person who wilfully obstructs a constable in the exercise of the power
conferred by section 32A commits an offence and is liable, on summary
conviction, to custody for not more than 12 months, a fine not exceeding £5,000,
or both.89
32C Items subject to legal privilege
[P2008/28/3]
(1) Section 32A does not authorise a constable to remove a document if the
constable has reasonable cause to believe —
(a) it is an item subject to legal privilege; or
(b) it has an item subject to legal privilege comprised in it.
(2) Subsection (1)(b) does not prevent the removal of a document if it is not
reasonably practicable for the item subject to legal privilege to be
separated from the rest of the document without prejudicing any use of
the rest of the document that would be lawful if it were subsequently
seized.
(3) If, after a document has been removed under section 32A, it is
discovered that —
(a) it is an item subject to legal privilege; or
(b) it has an item subject to legal privilege comprised in it,
the document must be returned forthwith.
(4) Subsection (3)(b) does not require the return of a document if it is not
reasonably practicable for the item subject to legal privilege to be
separated from the rest of the document without prejudicing any use of
the rest of the document that would be lawful if it were subsequently
seized.
(5) Where an item subject to legal privilege is removed under subsection (2)
or retained under subsection (4), it must not be examined or put to any
other use except to the extent necessary for facilitating the examination of
the rest of the document.
Anti-Terrorism and Crime Act 2003 Section 32
c AT 6 of 2003 Page 53
(6) For the purposes of this section “item subject to legal privilege” has the
same meaning as in section 13 of the Police Powers and Procedures Act
1998.90
32D Record of removal
[P2008/28/4]
(1) A constable who removes a document under section 32A must make a
written record of the removal.
(2) The record must be made as soon as is reasonably practicable and in any
event within the period of 24 hours beginning with the time when the
document was removed.
(3) The record must —
(a) describe the document;
(b) specify the object of the removal;
(c) where the document was found in the course of a search of a
person, state the person’s name (if known);
(d) where the document was found in the course of a search of any
premises, state the address of the premises where the document
was found;
(e) where the document was found in the course of a search of any
premises, state the name (if known) of —
(i) any person who, when the record is made, appears to the
constable to have been the occupier of the premises when
the document was found; and
(ii) any person who, when the record is made, appears to the
constable to have had custody or control of the document
when it was found; and
(f) state the date and time when the document was removed.
(4) If, in a case where the document was found in the course of a search of a
person, the constable does not know the person’s name, the record must
include a description of the person.
(5) If, in a case where the document was found in the course of a search of
any premises, the constable does not know the name of a person
mentioned in subsection (3)(e) but is able to provide a description of that
person, the record must include such a description.
(6) The record must identify the constable by reference to the constable’s
police number.
(7) The following persons are entitled, on a request made to the constable, to
a copy of the record made under this section —
(a) where the document was found in the course of a search of a
person, that person; and
Section 32 Anti-Terrorism and Crime Act 2003
Page 54 AT 6 of 2003 c
(b) where the document was found in the course of a search of any
premises —
(i) the occupier of the premises when it was found; and
(ii) any person who had custody or control of the document
when it was found.
(8) The constable must provide the copy within a reasonable time from the
making of the request.
(9) If the document is found in the course of a search under a warrant, the
constable must make an endorsement on the warrant stating that the
document has been removed under section 32A.
(10) In the application of this section in relation to the search of a vehicle, the
reference to the address of the premises is to the location of the vehicle
together with its registration number (if any).91
32E Retention of documents
[P2008/28/5]
(1) A document may not be retained by virtue of section 32A for more than
48 hours without further authorisation.
(2) A constable of at least the rank of chief inspector may authorise the
retention of the document for a further period or periods if
satisfied that —
(a) the examination of the document is being carried out
expeditiously; and
(b) it is necessary to continue the examination for the purpose of
ascertaining whether the document is one that may be seized.
(3) This does not permit the retention of a document after the end of the
period of 96 hours beginning with the time when it was removed for
examination.92
32F Access to documents
[P2008/28/6]
(1) Where —
(a) a document is retained by virtue of section 32E; and
(b) a request for access to the document is made to the officer in
charge of the investigation by a person within subsection (3),
the officer must grant that person access to the document, under the
supervision of a constable, subject to subsection (4).
(2) Where —
(a) a document is retained by virtue of section 32E; and
Anti-Terrorism and Crime Act 2003 Section 32
c AT 6 of 2003 Page 55
(b) a request for a copy of the document is made to the officer in
charge of the investigation by a person within subsection (3),
that person must be provided with a copy of the document within a
reasonable time from the making of the request, subject to subsection (4).
(3) The persons entitled to make a request under subsection (1) or (2) are —
(a) where the document was found in the course of a search of a
person, that person;
(b) where the document was found in the course of a search of any
premises —
(i) the occupier of the premises when it was found; and
(ii) any person who had custody or control of the document
when it was found; and
(c) a person acting on behalf of a person within paragraph (a) or (b).
(4) The officer in charge of the investigation may refuse access to the
document, or (as the case may be) refuse to provide a copy of it, if the
officer has reasonable grounds for believing that to do so —
(a) would prejudice any investigation for the purposes of which —
(i) the original search was carried out; or
(ii) the document was removed or is being retained;
(b) would prejudice the investigation of any offence;
(c) would prejudice any criminal proceedings that may be brought as
the result of an investigation within paragraph (a) or (b); or
(d) would facilitate the commission of an offence.
(5) In this section —
“officer in charge of the investigation” means the officer in charge of the
investigation for the purposes of which the document is being retained;
and
“original search” means the search in the course of which the document was
removed.93
32G Photographing and copying of documents
[P2008/28/7]
(1) Where a document is removed under section 32A it must not be
photographed or copied, except that —
(a) a document may be copied for the purpose of providing a copy in
response to a request under section 32F(2); and
(b) a document consisting of information stored in electronic form
may be copied for the purpose of producing it in a visible and
legible form.
Section 32 Anti-Terrorism and Crime Act 2003
Page 56 AT 6 of 2003 c
(2) Where the original document is returned, any copy under
subsection (1)(b) must —
(a) in the case of a copy in electronic form, be destroyed or made
inaccessible as soon as is reasonably practicable; and
(b) in any other case, be returned at the same time as the original
document is returned.
(3) The following are entitled, on a request made to the Chief Constable, to a
certificate that subsection (2) has been complied with —
(a) where the document was found in the course of a search of a
person, that person;
(b) where the document was found in the course of a search of any
premises —
(i) the occupier of the premises when it was found; and
(ii) any person who had custody or control of the document
when it was found.
(4) The certificate must be issued by the Chief Constable, or a person
authorised by or on behalf of the Chief Constable, not later than the end
of the period of 3 months beginning with the day on which the request is
made.94
32H Return of documents
[P2008/28/8]
(1) Where a document removed under section 32A is required to be
returned, it must be returned —
(a) where the document was found in the course of a search of a
person, to that person;
(b) where the document was found in the course of a search of any
premises, to the occupier of the premises when it was found.
(2) Subsection (1) does not apply where a person who is required to return
the document is satisfied that another person has a better right to it; and
in such a case it must be returned —
(a) to that other person; or
(b) to whoever appears to the person required to return the document
to have the best right to it.
(3) Where different persons claim to be entitled to the return of the
document, it may be retained for as long as is reasonably necessary for
the determination of the person to whom it must be returned.
(4) This section also applies in relation to a copy of a document that is
required to be returned at the same time as the original; and in such a
case references to the document in paragraphs (a) and (b) of
subsection (1) are to the original.95
Anti-Terrorism and Crime Act 2003 Section 33
c AT 6 of 2003 Page 57
32I Power to remove documents: supplementary provisions
[P2008/28/9]
(1) In sections 32A to 32H “document
” includes any record and, in
particular, includes information stored in electronic form.
(2) In the application of those sections in relation to the search of a vehicle
references to the occupier of the premises are to the person in charge of
the vehicle.96
Powers to stop and search in specified locations97
33 Searches in specified areas or places
(1) The Chief Constable may give an authorisation under subsection (2) or
(3) in relation to a specified area or place if he or she —
(a) reasonably suspects that an act of terrorism will take place; and
(b) reasonably considers that —
(i) the authorisation is necessary to prevent such an act;
(ii) the specified area or place is no greater than is necessary to
prevent such an act; and
(iii) the duration of the authorisation is no longer than is
necessary to prevent such an act.
(2) An authorisation under this subsection authorises any constable in
uniform to stop a vehicle in the specified area or place and to search —
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger in the vehicle; and
(d) anything in or on the vehicle or carried by the driver or a
passenger.
(3) An authorisation under this subsection authorises any constable in
uniform to stop a pedestrian in the specified area or place and to search
—
(a) the pedestrian; and
(b) anything carried by the pedestrian.
(4) A constable in uniform may exercise the power conferred by an
authorisation under subsection (2) or (3) only for the purpose of
discovering whether there is anything which may constitute evidence
that the vehicle concerned is being used for the purposes of terrorism or
(as the case may be) that the person concerned is a person falling within
section 29(1)(b).
Section 34 Anti-Terrorism and Crime Act 2003
Page 58 AT 6 of 2003 c
(5) But the power conferred by such an authorisation may be exercised
whether or not the constable reasonably suspects that there is such
evidence.
(6) A constable may seize and retain anything that the constable —
(a) discovers in the course of a search under such an authorisation;
and
(b) reasonably suspects may constitute evidence that the vehicle
concerned is being used for the purposes of terrorism or (as the
case may be) that the person concerned is a person falling within
section 29(1)(b).
(7) Schedule 8B (which makes supplementary provision about
authorisations under this section) has effect.
(8) In this section —
“driver” has the meaning given by section 32AA(4);
“specified” means specified in an authorisation.98
Search powers code99
34 Code of practice relating to sections 32, 32AA and 33
(1) The Department must prepare a code of practice containing guidance
about —
(a) the exercise of the powers conferred by sections 32 and 32AA;
(b) the exercise of the powers to give an authorisation under section
33(2) or (3);
(c) the exercise of the powers conferred by such an authorisation and
section 33(6); and
(d) such other matters in connection with the exercise of any of the
powers mentioned in paragraphs (a) to (c) as the Department
considers appropriate.
(2) Such a code may make different provision for different purposes.
(3) In the course of preparing such a code, the Department must consult
such persons as it considers appropriate.100
35 Issuing of code
(1) The Department must lay before Tynwald —
(a) a code of practice prepared under section 34, and
(b) a draft of an order providing for the code to come into operation.
(2) The Department must make the order and issue the code if the draft of
the order is approved by a resolution of Tynwald and the code as issued,
Anti-Terrorism and Crime Act 2003 Section 36
c AT 6 of 2003 Page 59
including as altered or replaced from time to time, is known in this Act
as the “search powers code
”.
(3) The Department must not make the order or issue the code unless the
draft of the order is so approved.
(4) The Department must prepare another code of practice under section 34
if —
(a) the draft of the order is not so approved; and
(b) it considers that there is no realistic prospect that it will be so
approved.
(5) A code comes into operation in accordance with an order under this
section.101
36 Alteration or replacement of code
(1) The Department —
(a) must keep the search powers code under review; and
(b) may prepare an alteration to the code or a replacement code.
(2) Before preparing an alteration or a replacement code, the Department
must consult such persons as it considers appropriate.
(3) Section 35 (other than subsection (4)) applies to an alteration or a
replacement code prepared under this section as it applies to a code
prepared under section 34.102
36A Publication and effect of code
(1) The Department must publish the search powers code.
(2) A constable must have regard to the search powers code when exercising
any powers to which the code relates.
(3) A failure on the part of a constable to act in accordance with any
provision of the search powers code does not of itself make that person
liable to criminal or civil proceedings.
(4) A police officer shall be liable to disciplinary proceedings for a failure to
comply with any provision of the search powers code.
(5) The search powers code is admissible in evidence in any such
proceedings.
(6) A court or tribunal may, in particular, take into account a failure by a
constable to have regard to the search powers code in determining a
question in any such proceedings.103
Section 37 Anti-Terrorism and Crime Act 2003
Page 60 AT 6 of 2003 c
Parking
37 Authorisations
[P2000/11/48]
(1) An authorisation under this section authorises any constable in uniform
to prohibit or restrict the parking of vehicles on a road specified in the
authorisation.
(2) An authorisation may be given only if the Chief Constable considers it
expedient for the prevention of acts of terrorism.
(3) An authorisation may be given by the Chief Constable.
(4) If an authorisation is given orally, the Chief Constable shall confirm it in
writing as soon as is reasonably practicable.
38 Exercise of power
[P2000/11/49]
(1) The power conferred by an authorisation under section 37 shall be
exercised by placing a traffic sign on the road concerned.
(2) A constable exercising the power conferred by an authorisation under
section 37 may suspend a parking place.
(3) Where a parking place is suspended under subsection (2), the suspension
shall be treated as a statutory restriction imposed by virtue of section 37
for the purposes of section 2 of the Local Government (Miscellaneous
Provisions) Act 1984 (removal of vehicles illegally parked, etc.).
39 Duration of authorisation
[P2000/11/50]
(1) An authorisation under section 37 has effect, subject to subsections (2)
and (3), during the period specified in the authorisation.
(2) The period specified shall not exceed 28 days.
(3) An authorisation may be renewed in writing and subsections (1) and (2)
shall apply as if a new authorisation were given on each occasion on
which the authorisation is renewed.
40 Offences
[P2000/11/51]
(1) A person commits an offence if he parks a vehicle in contravention of a
prohibition or restriction imposed by virtue of section 37.
(2) A person commits an offence if —
Anti-Terrorism and Crime Act 2003 Section 41
c AT 6 of 2003 Page 61
(a) he is the driver or other person in charge of a vehicle which has
been permitted to remain at rest in contravention of any
prohibition or restriction imposed by virtue of section 37, and
(b) he fails to move the vehicle when ordered to do so by a constable
in uniform.
(3) It is a defence for a person charged with an offence under this section to
prove that he had a reasonable excuse for the act or omission in question.
(4) Possession of a current disabled person’s badge shall not itself constitute
a reasonable excuse for the purposes of subsection (3).
(5) A person guilty of an offence under subsection (1) shall be liable on
summary conviction to a fine not exceeding £2,500.
(6) A person guilty of an offence under subsection (2) shall be liable on
summary conviction to imprisonment for a term not exceeding 3 months,
or a fine not exceeding £2,500, or to both.
41 Interpretation
[P2000/11/52]
In sections 37 to 40 —
“disabled person’s badge
” means a badge issued, or having effect as if issued,
under any regulations for the time being in force under section 28 of the
Road Traffic Regulation Act 1985;
“driver
” means, in relation to a vehicle which has been left on any road, the
person who was driving it when it was left there;
“parking
” means leaving a vehicle or permitting it to remain at rest;
“traffic sign
” has the meaning given in section 38(1) of the Road Traffic
Regulation Act 1985;
“vehicle
” has the same meaning as in section 8(1) of the Local Government
(Miscellaneous Provisions) Act 1984.
PART VI – MISCELLANEOUS TERRORIST OFFENCES
Terrorist offences
42 Weapons training
[P2000/11/54]
(1) A person commits an offence if he provides instruction or training in the
making or use of —
(a) firearms,
Section 43 Anti-Terrorism and Crime Act 2003
Page 62 AT 6 of 2003 c
(b) radioactive material or weapons designed or adapted for the
discharge of any radioactive material,
(c) explosives, or
(d) chemical, biological or nuclear weapons.
(2) A person commits an offence if he receives instruction or training in the
making or use of —
(a) firearms,
(b) weapons designed or adapted for the discharge of any radioactive
material,
(c) explosives, or
(d) chemical, biological or nuclear weapons.
(3) A person commits an offence if he invites another to receive instruction
or training and the receipt —
(a) would constitute an offence under subsection (2), or
(b) would constitute an offence under subsection (2) but for the fact
that it is to take place outside the Island.
(4) Subsection (3)(b) applies in respect of United Kingdom nationals and
bodies incorporated under the law of the Island or any part of the United
Kingdom.
(5) For the purpose of subsections (1) and (3) —
(a) a reference to the provision of instruction includes a reference to
making it available either generally or to one or more specific
persons, and
(b) an invitation to receive instruction or training may be either
general or addressed to one or more specific persons.
(6) It is a defence for a person charged with an offence under this section in
relation to instruction or training to prove that his action or involvement
was wholly for a purpose other than assisting, preparing for or
participating in terrorism.
(7) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
10 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.104
(8) to (10) [Repealed]105
43 Weapons training: interpretation
[P2000/11/55]
In section 42 —
Anti-Terrorism and Crime Act 2003 Section 44
c AT 6 of 2003 Page 63
“biological weapon” means a biological agent or toxin within the meaning of
the Biological Weapons Act 1974 (an Act of Parliament) (as that Act has
effect in the Island) in a form capable of use for hostile purposes or
anything to which section 1(1)(b) of that Act applies,
“chemical weapon” has the meaning given by section 1 of the Chemical
Weapons Act 1996 (an Act of Parliament) as that Act has effect in the
Island, and
“radioactive material” means radioactive material capable of endangering life or
causing harm to humans.
44 Directing terrorist organisation
[P2000/11/56]
(1) A person commits an offence if he directs, at any level, the activities of an
organisation which is concerned in the commission of acts of terrorism.
(2) A person guilty of an offence under this section is liable on conviction on
information to custody for life.
45 Possession for terrorist purposes
[P2000/11/57]
(1) A person commits an offence if he possesses an article in circumstances
which give rise to a reasonable suspicion that his possession is for a
purpose connected with the commission, preparation or instigation of an
act of terrorism.
(2) It is a defence for a person charged with an offence under this section to
prove that his possession of the article was not for a purpose connected
with the commission, preparation or instigation of an act of terrorism.
(3) In proceedings for an offence under this section, if it is proved that
an article —
(a) was on any premises at the same time as the accused, or
(b) was on premises of which the accused was the occupier or which
he habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the article, unless he
proves that he did not know of its presence on the premises or that he
had no control over it.
(4) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
15 years, to a fine or to both, or106
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.107
Section 46 Anti-Terrorism and Crime Act 2003
Page 64 AT 6 of 2003 c
46 Collection of information
[P2000/11/58]
(1) A person commits an offence if —
(a) he collects or makes a record of information of a kind likely to be
useful to a person committing or preparing an act of terrorism, or
(b) he possesses a document or record containing information of that
kind.
(2) In this section “record” includes a photographic or electronic record.
(3) It is a defence for a person charged with an offence under this section to
prove that he had a reasonable excuse for his action or possession.
(4) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
10 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.108
(5) to (7) [Repealed]109
(8) Before making an order under subsection (5) a court must give an
opportunity to be heard to any person, other than the convicted person,
who claims to be the owner of or otherwise interested in anything which
can be forfeited under that subsection.
(9) An order under subsection (5) shall 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).
46A Eliciting, publishing or communicating information about members of
armed forces etc
[P2000/11/58A]
(1) A person commits an offence if he or she —
(a) elicits or attempts to elicit information about an individual who is
or has been —
(i) a member of Her Majesty’s forces;
(ii) a member of any of the British intelligence services; or
(iii) a constable,
which is of a kind likely to be useful to a person committing or
preparing an act of terrorism; or
(b) publishes or communicates any such information.
(2) It is a defence for a person charged with an offence under this section to
prove that he or she had a reasonable excuse for his or her action.
(3) A person guilty of an offence under this section is liable —
Anti-Terrorism and Crime Act 2003 Section 46
c AT 6 of 2003 Page 65
(a) on conviction on information, to custody for not more than 10
years, a fine, or both;
(b) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both.110
Preparation of terrorist acts and terrorist training
46B Preparation of terrorist acts
[P2006/11/5]
(1) A person commits an offence if, with the intention of —
(a) committing acts of terrorism; or
(b) assisting another to commit such acts,
he or she engages in any conduct in preparation for giving effect to his or
her intention.
(2) It is irrelevant for the purposes of subsection (1) whether the intention
and preparations relate to one or more particular acts of terrorism of a
particular description or acts of terrorism generally.
(3) A person who commits an offence under this section is liable, on
conviction on information, to custody for life.111
46C Training for terrorism
[P2006/11/6]
(1) A person commits an offence if —
(a) he or she provides instruction or training in any of the skills
mentioned in subsection (3); and
(b) at the time of providing the instruction or training, he or she
knows that a person receiving it intends to use the skills in which
he or she is being instructed or trained —
(i) for or in connection with the commission or preparation of
acts of terrorism or Convention offences; or
(ii) for assisting the commission or preparation by others of
such acts or offences.
(2) A person commits an offence if —
(a) he or she receives instruction or training in any of the skills
mentioned in subsection (3); and
(b) at the time of the instruction or training, he or she intends to use
the skills in which he or she is being instructed or trained —
(i) for or in connection with the commission or preparation of
acts of terrorism or Convention offences; or
Section 46 Anti-Terrorism and Crime Act 2003
Page 66 AT 6 of 2003 c
(ii) for assisting the commission or preparation by others of
such acts or offences.
(3) The skills are —
(a) the making, handling or use of a noxious substance, or of
substances of a description of such substances;
(b) the use of any method or technique for doing anything else that is
capable of being done for the purposes of terrorism, in connection
with the commission or preparation of an act of terrorism or
Convention offence or in connection with assisting the
commission or preparation by another of such an act or
offence; and
(c) the design or adaptation for the purposes of terrorism, or in
connection with the commission or preparation of an act of
terrorism or Convention offence, of any method or technique for
doing anything.
(4) It is irrelevant for the purposes of subsections (1) and (2) —
(a) whether any instruction or training that is provided is provided to
one or more particular persons or generally;
(b) whether the acts or offences in relation to which a person intends
to use skills in which he or she is instructed or trained consist of
one or more particular acts of terrorism or Convention offences,
acts of terrorism or Convention offences of a particular
description or acts of terrorism or Convention offences
generally; and
(c) whether assistance that a person intends to provide to others is
intended to be provided to one or more particular persons or to
one or more persons whose identities are not yet known.
(5) A person who commits an offence under this section is liable —
(a) on conviction on information, to custody for not more than 10
years, a fine, or both;
(b) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both.
(6) In this section —
“noxious substance” means —
(a) a dangerous substance within the meaning of paragraph 3 of
Schedule 13; or
(b) any other substance which is hazardous or noxious or which may
be or become hazardous or noxious only in certain circumstances;
“substance” includes any natural or artificial substance (whatever its origin or
method of production and whether in solid or liquid form or in the form
of a gas or vapour) and any mixture of substances.112
Anti-Terrorism and Crime Act 2003 Section 46
c AT 6 of 2003 Page 67
46D Attendance at a place used for terrorism training
[P2006/11/8]
(1) A person commits an offence if —
(a) he or she attends at any place, whether in the Island or elsewhere;
(b) while he or she is at that place, instruction or training of the type
mentioned in section 42 or 46C is provided there;
(c) that instruction or training is provided there wholly or partly for
purposes connected with the commission or preparation of acts of
terrorism or Convention offences; and
(d) the requirements of subsection (2) are satisfied in relation to the
person.
(2) The requirements of this subsection are satisfied in relation to a
person if —
(a) he or she knows or believes that instruction or training is being
provided there wholly or partly for purposes connected with the
commission or preparation of acts of terrorism or Convention
offences; or
(b) a person attending at that place throughout the period of the
person’s attendance could not reasonably have failed to
understand that instruction or training was being provided there
wholly or partly for such purposes.
(3) It is immaterial for the purposes of this section —
(a) whether the person concerned receives the instruction or training
personally; and
(b) whether the instruction or training is provided for purposes
connected with one or more particular acts of terrorism or
Convention offences, acts of terrorism or Convention offences of a
particular description or acts of terrorism or Convention offences
generally.
(4) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for not more than 10
years, a fine, or both;
(b) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both.
(5) References in this section to instruction or training being provided
include references to its being made available.113
Section 47 Anti-Terrorism and Crime Act 2003
Page 68 AT 6 of 2003 c
Inciting terrorism overseas
47 Incitement
[P2000/11/59]
(1) A person commits an offence if —
(a) he incites another person to commit an act of terrorism wholly or
partly outside the Island, and
(b) the act would, if committed in the Island, constitute one of the
offences listed in subsection (2).
(2) Those offences are —
(a) murder,
(b) an offence under section 33 of the Criminal Code 1872 (wounding
with intent),
(c) an offence under section 38 or 39 of that Act (poison),
(d) an offence under section 43 or 44 of that Act (explosions), and
(e) an offence under section 1(2) of the Criminal Damage Act 1981
(endangering life by damaging property).
(3) A person guilty of an offence under this section shall be liable to any
penalty to which he would be liable on conviction of the offence listed in
subsection (2) which corresponds to the act which he incites.
(4) For the purposes of subsection (1) it is immaterial whether or not the
person incited is in the Island at the time of the incitement.
(5) This section applies in respect of United Kingdom nationals and bodies
incorporated under the law of the Island or any part of the United
Kingdom.
(6) Nothing in this section imposes criminal liability on any person acting on
behalf of, or holding office under, the Crown.
Incitement etc of terrorism114
47A Publishing statements in connection with terrorism
[P2006/11/1-4]
(1) A person commits an offence if the person publishes or causes to be
published a statement to the public —
(a) with the intent to incite the commission of acts of terrorism or
Convention offences; and
(b) that increases the risk of one or more such offences being
committed, whether or not the statement directly advocates the
commission of such an offence.
Anti-Terrorism and Crime Act 2003 Section 47
c AT 6 of 2003 Page 69
(2) Before instituting any proceedings under this section the Attorney
General must certify that, in his or her opinion, the prosecution is —
(a) in the public interest; and
(b) proportionate to the harm or risk of harm caused by the action
giving rise to the alleged offence.
(3) In proceedings for an offence under this section it is a defence for the
person to show —
(a) where it is not proved that the person intended the statement
directly or indirectly to encourage or otherwise induce the
commission, preparation or instigation of acts of terrorism or
Convention offences —
(i) that the statement neither expressed his or her views nor
had his or her endorsement (whether by virtue of
section 47C or otherwise); and
(ii) that it was clear, in all the circumstances of the statement’s
publication, that it did not express his or her views and
(apart from the possibility of the person having been given
and failed to comply with a notice under subsection (3) of
that section) did not have his or her endorsement; or
(b) in any case that the statement is a proportionate exercise of the
right to freedom of expression in a democratic society.
(4) A person guilty of an offence under this section is liable —
(a) on conviction on information, to custody for not more than 7
years, a fine, or both;
(b) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both.115
47B Dissemination of terrorist publications
[P2006/11/2]
(1) A person commits an offence if the person engages in conduct falling
within subsection (2) and, at the time of doing so, intends to incite the
commission, preparation or instigation of acts of terrorism or the
provision of assistance in the commission or preparation of such acts.
(2) For the purposes of this section a person engages in conduct falling
within this subsection if he or she —
(a) distributes or circulates a terrorism publication;
(b) gives, sells or lends such a publication;
(c) offers such a publication for sale or loan;
(d) provides a service to others that enables them to obtain, read,
listen to or look at such a publication, or to acquire it by means of
a gift, sale or loan;
Section 47 Anti-Terrorism and Crime Act 2003
Page 70 AT 6 of 2003 c
(e) transmits the contents of such a publication electronically; or
(f) has such a publication in his or her possession with a view to its
becoming the subject of conduct falling within any of
paragraphs (a) to (e).
(3) For the purposes of this section a publication is a terrorism publication,
in relation to conduct falling within subsection (2), if matter contained in
it is likely to be understood, by some or all of the persons to whom it is
or may become available as a consequence of that conduct, as incitement
of the commission, preparation or instigation of acts of terrorism.
(4) For the purposes of this section the question whether a publication is a
terrorist publication in relation to particular conduct must be
determined —
(a) as at the time of that conduct; and
(b) having regard both to the contents of the publication as a whole
and to the circumstances in which that conduct occurs.
(5) In subsection (1) references to the effect of a person’s conduct in relation
to a terrorist publication include references to an effect of the publication
on one or more persons to whom it is or may become available as a
consequence of that conduct.
(6) It is irrelevant for the purposes of this section whether anything
mentioned in subsections (1) to (3) is in relation to the commission,
preparation or instigation of one or more particular acts of terrorism, or
acts of terrorism of a particular description or of acts of terrorism
generally.
(7) For the purposes of this section it is also irrelevant, in relation to matter
contained in any article whether any person —
(a) is in fact induced by that matter to commit, prepare or instigate
acts of terrorism; or
(b) in fact makes use of it in the commission or preparation of such
acts.
(8) In proceedings for an offence under this section against a person in
respect of conduct to which subsection (9) applies, it is a defence for the
person to show —
(a) that the matter by reference to which the publication in question
was a terrorist publication neither expressed his or her views nor
had his or her endorsement (whether by virtue of section 47C or
otherwise);
(b) that it was clear, in all the circumstances of the conduct, that that
matter did not express his or her views and (apart from the
possibility of his or her having been given and failed to comply
with a notice under subsection (3) of that section) did not have his
or her endorsement; or
Anti-Terrorism and Crime Act 2003 Section 47
c AT 6 of 2003 Page 71
(c) that the statement is a proportionate exercise of the right to
freedom of expression in a democratic society.
(9) This subsection applies to the conduct of a person to the extent that —
(a) the publication to which his or her conduct related contained
matter by reference to which it was a terrorist publication by
virtue of subsection (3); and
(b) the person is not proved to have engaged in that conduct with the
intention specified in subsection (1).
(10) A person guilty of an offence under this section is liable —
(a) on conviction on information, to custody for not more than 7
years, a fine, or both;
(b) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both.
(11) In this section —
“lend” includes let on hire;
“publication” means an article or record of any description that contains any of
the following, or any combination of them —
(a) matter to be read;
(b) matter to be listened to;
(c) matter to be looked at or watched.116
47C Application of sections 47A and 47B to internet activity etc
[P2006/11/3]
(1) This section applies for the purposes of sections 47A and 47B in relation
to cases where —
(a) a statement is published or caused to be published in the course
of, or in connection with, the provision or use of a service
provided electronically; or
(b) conduct falling within section 47B(2) was in the course of, or in
connection with, the provision or use of such a service.
(2) The cases in which the statement, or the article or record to which the
conduct relates, is to be regarded as having the endorsement of a person
(the “relevant person”) at any time include a case in which —
(a) a constable has given him or her a notice under subsection (3);
(b) that time falls more than 2 working days after the day on which
the notice was given; and
(c) the relevant person has failed, without reasonable excuse, to
comply with the notice.
(3) A notice under this subsection is a notice which —
Section 47 Anti-Terrorism and Crime Act 2003
Page 72 AT 6 of 2003 c
(a) declares that, in the opinion of the constable giving it, the
statement or the article or record is unlawfully terrorism-related;
(b) requires the relevant person to secure that the statement or the
article or record, so far as it is so related, is not available to the
public or is modified so as no longer to be so related;
(c) warns the relevant person that a failure to comply with the notice
within 2 working days will result in the statement, or the article or
record, being regarded as having his or her endorsement; and
(d) explains how, under subsection (4), he or she may become liable
by virtue of the notice if the statement, or the article or record,
becomes available to the public after he or she has complied with
the notice.
(4) Where —
(a) a notice under subsection (3) has been given to the relevant
person in respect of a statement, or an article or record, and the
relevant person has complied with it; but
(b) the relevant person subsequently publishes or causes to be
published a statement which is, or is for all practical purposes, the
same or to the same effect as the statement to which the notice
related, or to matter contained in the article or record to which it
related, (a “repeat statement”),
the requirements of subsection (2)(a) to (c) shall be regarded as satisfied
in the case of the repeat statement in relation to the times of its
subsequent publication by the relevant person.
(5) In proceedings against a person for an offence under section 47A or 47B
the requirements of subsection (2)(a) to (c) are not, in his or her case, to
be regarded as satisfied in relation to any time by virtue of subsection (4)
if the person shows that he or she —
(a) has, before that time, taken every step he or she reasonably could
to prevent a repeat statement from becoming available to the
public and to ascertain whether it does; and
(b) was, at that time, a person to whom subsection (6) applied.
(6) This subsection applies to a person at any time when he or she —
(a) is not aware of the publication of the repeat statement; or
(b) having become aware of its publication, has taken every step that
he or she reasonably could to secure that it either ceased to be
available to the public or was modified as mentioned in
subsection (3)(b).
(7) For the purposes of this section a statement or an article or record is
unlawfully terrorism-related if it constitutes, or if matter contained in the
article or record constitutes —
Anti-Terrorism and Crime Act 2003 Section 47
c AT 6 of 2003 Page 73
(a) something that is likely to be understood, by any one or more of
the persons to whom it has or may become available, as
incitement of the commission, preparation or instigation of acts of
terrorism or Convention offences; or
(b) information which —
(i) is likely to be useful to any one or more of those persons in
the commission or preparation of such acts; and
(ii) is in a form or context in which it is likely to be understood
by any one or more of those persons as being wholly or
mainly for the purpose of being so useful.
(8) In this section “working day” means any day other than —
(a) a Saturday or a Sunday;
(b) Christmas Day or Good Friday; or
(c) a day which is a bank holiday under the Bank Holidays Act 1989.117
47D Giving of notices under section 47C
[P2008/28/4]
(1) Except in a case to which any of subsections (2) to (4) applies, a notice
under section 47C(3) may be given to a person only —
(a) by delivering it to him or her in person; or
(b) by sending it to him or her, by means of a postal service providing
for delivery to be recorded, at his or her last known address.
(2) Such a notice may be given to a body corporate only —
(a) by delivering it to the secretary of that body in person; or
(b) by sending it to the appropriate person, by means of a postal
service providing for delivery to be recorded, at the address of the
registered or principal office of the body.
(3) Such a notice may be given to a firm only —
(a) by delivering it to a partner of the firm in person;
(b) by so delivering it to a person having the control or management
of the partnership business; or
(c) by sending it to the appropriate person, by means of a postal
service providing for delivery to be recorded, at the address of the
principal office of the partnership.
(4) Such a notice may be given to an unincorporated body or
association only —
(a) by delivering it to a member of its governing body in person; or
(b) by sending it to the appropriate person, by means of a postal
service providing for delivery to be recorded, at the address of the
principal office of the body or association.
Section 48 Anti-Terrorism and Crime Act 2003
Page 74 AT 6 of 2003 c
(5) In the case of —
(a) a company registered outside the Island;
(b) a firm carrying on business outside the Island; or
(c) an unincorporated body or association with offices outside the
Island,
the references in this section to its principal office include references to
its principal office within the Island (if any).
(6) In this section “the appropriate person” means —
(a) in the case of a body corporate, the body itself or its secretary;
(b) in the case of a firm, the firm itself or a partner of the firm or a
person having the control or management of the partnership
business; and
(c) in the case of an unincorporated body or association, the body or
association itself or a member of its governing body.
(7) For the purposes of section 47C the time at which a notice under
subsection (3) of that section is to be regarded as given is —
(a) where it is delivered to a person, the time at which it is so
delivered; and
(b) where it is sent by a postal service providing for delivery to be
recorded, the time recorded as the time of its delivery.
(8) In this section “secretary”, in relation to a body corporate, means the
secretary or other equivalent officer of the body.118
Terrorist bombing and finance offences
48 Terrorist bombing: jurisdiction
[P2000/11/62]
(1) If —
(a) a person does anything outside the Island as an act of terrorism or
for the purposes of terrorism, and
(b) his action would have constituted the commission of one of the
offences listed in subsection (2) if it had been done in the Island,
he shall be guilty of the offence.
(2) The offences referred to in subsection (1)(b) are —
(a) an offence under section 2, 3 or 5 of the Explosive Substances Act
1883 (causing explosions, etc.),
(b) an offence under section 1 of the Biological Weapons Act 1974 (an
Act of Parliament) as that Act has effect in the Island (biological
weapons), and
Anti-Terrorism and Crime Act 2003 Section 49
c AT 6 of 2003 Page 75
(c) an offence under section 2 of the Chemical Weapons Act 1996 (an
Act of Parliament), as that Act has effect in the Island (chemical
weapons).
49 Offences committed outside jurisdiction
119
[P2000/11/63]
(1) If —
(a) a person does anything outside the Island, and
(b) his action would have constituted the commission of an offence
under this Act if it had been done in the Island,120
he shall be guilty of the offence.
(2) For the purposes of subsection (1)(b), section 10(1)(b) shall be read as if
for “the jurisdiction” there were substituted “a jurisdiction”.
(3) Subsection (1) applies irrespective of whether the person is a British
citizen or, in the case of a company, a company incorporated in the
Island.121
(4) In this section “British citizen” means a British citizen within the
meaning of the British Nationality Act 1981 (of Parliament).122
49A Interpretation of Part VI
[P2006/11/20]
(1) In this Part —
“publish
” is to be construed in accordance with subsection (2);
“statement
” is to be construed in accordance with subsection (4).
(2) In this Part references to a person’s publishing a statement are references
to the person —
(a) publishing it in any manner to the public;
(b) providing electronically any service by means of which the public
have access to the statement; or
(c) using a service provided to him or her electronically by another so
as to enable or to facilitate access by the public to the statement;
but this subsection does not apply to the references to a publication in
section 47B.
(3) In this Part references to providing a service include references to
making a facility available; and references to a service provided to a
person are to be construed accordingly.
(4) In this Part references to a statement are references to a communication
of any description, including a communication without words consisting
of sounds or images or both.
Section 49 Anti-Terrorism and Crime Act 2003
Page 76 AT 6 of 2003 c
(5) In this Part references to conduct that should be emulated in existing
circumstances include references to conduct that is illustrative of a type
of conduct that should be so emulated.
(6) In this Part references to what is contained in an article or record include
references —
(a) to anything that is embodied or stored in or on it; and
(b) to anything that may be reproduced from it using apparatus
designed or adapted for the purpose.123
PART VIA - WEAPONS OF MASS DESTRUCTION
124
Nuclear weapons
49B Use etc of nuclear weapons
[P2001/24/47]
(1) A person commits an offence if the person —
(a) knowingly causes a nuclear weapon explosion;
(b) develops or produces, or participates in the development or
production of, a nuclear weapon;
(c) has a nuclear weapon in his or her possession;
(d) participates in the transfer of a nuclear weapon; or
(e) engages in military preparations, or in preparations of a military
nature, intending to use, or threaten to use, a nuclear weapon.
(2) Subsection (1) has effect subject to the exceptions and defences in
sections 49C and 49D.
(3) For the purposes of subsection (1)(b) a person participates in the
development or production of a nuclear weapon if he or she does any
act which —
(a) facilitates the development by another of the capability to produce
or use a nuclear weapon; or
(b) facilitates the making by another of a nuclear weapon,
knowing or having reason to believe that his or her act has (or will have)
that effect.
(4) For the purposes of subsection (1)(d) a person participates in the transfer
of a nuclear weapon if —
(a) he or she buys or otherwise acquires it or agrees with another to
do so;
(b) he or she sells or otherwise disposes of it or agrees with another to
do so; or
Anti-Terrorism and Crime Act 2003 Section 49
c AT 6 of 2003 Page 77
(c) he or she makes arrangements under which another person either
acquires or disposes of it or agrees with a third person to do so.
(5) A person guilty of an offence under this section is liable on conviction on
information to custody for life.
(6) In this section “nuclear weapon” includes a nuclear explosive device that
is not intended for use as a weapon.125
49C Exceptions
[P2001/24/48]
(1) Nothing in section 49B applies —
(a) to an act done in the course of an armed conflict; or
(b) where subsection (4) applies.
(2) Any question arising in proceedings for an offence under section 49B as
to whether anything was done in the course of an armed conflict shall be
determined by the Secretary of State.
(3) A certificate purporting to set out any such determination and to be
signed by the Secretary of State shall be received in evidence in any such
proceedings and shall be presumed to be so signed unless the contrary is
shown.
(4) This subsection applies where an act to which section 49B applies is
carried out in accordance with the terms of an authorisation issued by
the Secretary of State under section 48(2) of the Anti-Terrorism, Crime
and Security Act 2001 (of Parliament) concerning the use etc of nuclear
weapons under section 47 of that Act.126
49D Defences
[P2001/24/49]
(1) In proceedings for an offence under section 49B(1)(c) or (d) relating to an
object it is a defence for the accused to show that he or she did not know
and had no reason to believe that the object was a nuclear weapon.
(2) But he or she shall be taken to have shown that fact if —
(a) sufficient evidence is adduced to raise an issue with respect to it;
and
(b) the contrary is not proved by the prosecution beyond reasonable
doubt.
(3) In proceedings for such an offence it is also a defence for the accused to
show that he or she knew or believed that the object was a nuclear
weapon but, as soon as reasonably practicable after he or she first knew
or believed that fact, he or she took all reasonable steps to inform the
Department or a constable of his or her knowledge or belief.127
Section 49 Anti-Terrorism and Crime Act 2003
Page 78 AT 6 of 2003 c
49E Assisting or inducing certain weapons-related acts outside Island
[P2001/24/50]
(1) A person who aids, abets, counsels or procures, or incites, a person to do
a relevant act outside the Island is guilty of an offence.
(2) For this purpose a relevant act is an act that would constitute an offence
under any of the following provisions —
(a) section 1 of the Biological Weapons Act 1974 (offences relating to
biological agents and toxins) (of Parliament), as that Act has effect
in the Island;
(b) section 2 of the Chemical Weapons Act 1996 (offences relating to
chemical weapons) (of Parliament), as that Act has effect in the
Island; or
(c) section 49B (use etc of nuclear weapons).
(3) A person accused of an offence under this section in relation to a relevant
act which would contravene a provision mentioned in subsection (2) may
raise any defence which would be open to a person accused of the
corresponding offence ancillary to an offence under that provision.
(4) A person convicted of an offence under this section is liable on
conviction on information to custody for life.
(5) Proceedings for an offence committed under this section outside the
Island may be taken, and the offence may for incidental purposes be
treated as having been committed, in the Island.128
49F Powers of entry
[P2001/24/52]
(1) If a justice of the peace is satisfied on information on oath that there are
reasonable grounds for suspecting that evidence of the commission of an
offence under section 49B or 49E is to be found on any premises, the
justice of the peace may issue a warrant authorising an authorised officer
to enter the premises, if necessary by force, at any time within one month
from the time of the issue of the warrant and to search them.
(2) The powers of a person who enters the premises under the authority of
the warrant include power —
(a) to take with him or her such other persons and such equipment as
appear to him or her to be necessary;
(b) to inspect, seize and retain any substance, equipment or
document found on the premises;
(c) to require any document or other information which is held in
electronic form and is accessible from the premises to be
produced in a form —
(i) in which he or she can read and copy it; or
Anti-Terrorism and Crime Act 2003 Section 49
c AT 6 of 2003 Page 79
(ii) from which it can readily be produced in a form in which
he or she can read and copy it;
(d) to copy any document which he or she has reasonable cause to
believe may be required as evidence for the purposes of
proceedings in respect of an offence under section 49B or 49E.
(3) A constable who enters premises under the authority of a warrant or by
virtue of subsection (2)(a) may —
(a) give such assistance as an authorised officer may request for the
purpose of facilitating the exercise of any power under this
section; and
(b) search or cause to be searched any person on the premises who
the constable has reasonable cause to believe may have in his or
her possession any document or other thing which may be
required as evidence for the purposes of proceedings in respect of
an offence under section 49B or 49E.
(4) A constable must not search a person of the opposite sex.
(5) If the warrant so provides, the powers conferred by a warrant under this
section shall be exercisable only in the presence of a constable.
(6) A person who —
(a) wilfully obstructs an authorised officer in the exercise of a power
conferred by a warrant under this section; or
(b) fails without reasonable excuse to comply with a reasonable
request made by an authorised officer or a constable for the
purpose of facilitating the exercise of such a power,
is guilty of an offence.
(7) A person guilty of an offence under subsection (6) is liable —
(a) on conviction on information, to custody for not more than 2
years, a fine, or both;
(b) on summary conviction, to a fine not exceeding £5,000.
(8) In this section “authorised officer” means a person appointed by the
Department for the purposes of this section.129
49G Customs and excise investigations
[P2001/24/53]
Where a customs officer investigates, or proposes to investigate, any matter
with a view to determining —
(a) whether there are grounds for believing that an offence under
section 49B or 49E has been committed; or
(b) whether a person should be prosecuted for such an offence,
Section 50 Anti-Terrorism and Crime Act 2003
Page 80 AT 6 of 2003 c
that matter shall be treated as an assigned matter within the meaning of
the Customs and Excise Management Act 1986.130
49H False statements etc
[P2001/24/54]
(1) A person who knowingly or recklessly makes a false or misleading
statement for the purpose of obtaining (or opposing the variation or
withdrawal of) authorisation for the purposes of section 49B or 49E is
guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable —
(a) on conviction on information, to custody for not more than 2
years, a fine, or both; and
(b) on summary conviction, to a fine not exceeding £5,000.131
PART VII
132
50 to 55 [Repealed]
133
PART VIII - DISCLOSURE OF INFORMATION
56 Extension of existing disclosure powers
[P2001/24/17]
(1) This section applies to the provisions listed in Schedule 10, so far as they
authorise the disclosure of information.
(2) Each of the provisions to which this section applies shall have effect, in
relation to the disclosure of information by or on behalf of a public
authority, as if the purposes for which the disclosure of information is
authorised by that provision included each of the following —
(a) the purposes of any criminal investigation whatever which is
being or may be carried out, whether in the Island or elsewhere;
(b) the purposes of any criminal proceedings whatever which have
been or may be initiated, whether in the Island or elsewhere;
(c) the purposes of the initiation or bringing to an end of any such
investigation or proceedings;
(d) the purpose of facilitating a determination of whether any such
investigation or proceedings should be initiated or brought to an
end.
(3) The Department may by order add any provision contained in any
subordinate legislation to the provisions to which this section applies.
Anti-Terrorism and Crime Act 2003 Section 57
c AT 6 of 2003 Page 81
(4) No disclosure of information shall be made by virtue of this section
unless the public authority by which the disclosure is made is satisfied
that the making of the disclosure is proportionate to what is sought to be
achieved by it.
(5) Nothing in this section shall be taken to prejudice any power to disclose
information which exists apart from this section.
(6) The information that may be disclosed by virtue of this section includes
information obtained before the commencement of this section.
57 Restriction on disclosure of information for overseas purposes
[P2001/24/18]
(1) Subject to subsections (2) and (3), the Department may give a direction
which —
(a) specifies any overseas proceedings or any description of overseas
proceedings; and
(b) prohibits the making of any relevant disclosure for the purposes
of those proceedings or, as the case may be, of proceedings of that
description.
(2) In subsection (1) the reference, in relation to a direction, to a relevant
disclosure is a reference to a disclosure authorised by any of the
provisions to which section 56 applies which —
(a) is made for a purpose mentioned in subsection (2)(a) to (d) of that
section; and
(b) is a disclosure of any such information as may be described in the
direction.
(3) The Department shall not give a direction under this section unless it
appears to it that the overseas proceedings in question, or that overseas
proceedings of the description in question, relate or would relate —
(a) to a matter in respect of which it would be more appropriate for
any jurisdiction or investigation to be exercised or carried out by a
court or other authority of the Island;
(b) to a matter in respect of which it would be more appropriate for
any jurisdiction or investigation to be exercised or carried out by a
court or other authority of a third country; or
(c) to a matter that would fall within paragraph (a) or (b) —
(i) if it were appropriate for there to be any exercise of
jurisdiction or investigation at all; and
(ii) if (where one does not exist) a court or other authority with
the necessary jurisdiction or functions existed in the Island
or, as the case may be, in the third country in question.
(4) A direction under this section shall not have the effect of prohibiting —
Section 58 Anti-Terrorism and Crime Act 2003
Page 82 AT 6 of 2003 c
(a) the making of any disclosure by the Governor, the Attorney
General or by the Treasury; or
(b) the making of any disclosure in pursuance of an EU obligation.134
(5) A direction under this section —
(a) may prohibit the making of disclosures absolutely or in such
cases, or subject to such conditions as to consent or otherwise, as
may be specified in it; and
(b) must be published or otherwise issued by the Department in such
manner as it considers appropriate for bringing it to the attention
of persons likely to be affected by it.
(6) A person who, knowing of any direction under this section, discloses any
information in contravention of that direction shall be guilty of an
offence and liable —
(a) on conviction on information, to custody for a term not exceeding
2 years or to a fine or to both;
(b) on summary conviction, to custody for a term not exceeding 12
months or to a fine not exceeding £5,000 or to both.135
(7) The following are overseas proceedings for the purposes of this
section —
(a) criminal proceedings which are taking place, or will or may take
place, in a country or territory outside the Island;
(b) a criminal investigation which is being, or will or may be,
conducted by an authority of any such country or territory.
(8) References in this section, in relation to any proceedings or investigation,
to a third country are references to any country or territory outside the
Island which is not the country or territory where the proceedings are
taking place, or will or may take place or, as the case may be, is not the
country or territory of the authority which is conducting the
investigation, or which will or may conduct it.
(9) In this section “court” includes a tribunal of any description.
58 Disclosure of information held by Treasury
[P2001/24/19]
(1) This section applies to information which is held by or on behalf of the
Treasury.
(2) This section applies to information obtained before as well as after the
coming into operation of this section.
(3) No obligation of secrecy imposed by statute or otherwise prevents the
disclosure, in accordance with the following provisions of this section, of
information to which this section applies if the disclosure is made for the
purposes of —
Anti-Terrorism and Crime Act 2003 Section 58
c AT 6 of 2003 Page 83
(a) any terrorist investigation whatever which is being or may be
carried out, whether in the Island or elsewhere;
(b) any criminal proceedings whatever which relate, directly or
indirectly, to any matter specified in paragraphs (a) to (d) of
section 19 (terrorist investigations) and which have been or may
be initiated, whether in the Island or elsewhere;
(c) the initiation or bringing to an end of any such investigation or
proceedings; or
(d) facilitating a determination of whether any such investigation or
proceedings should be initiated or brought to an end.
(e) [Repealed]136
(4) No disclosure of information to which this section applies shall be made
by virtue of this section unless the person by whom the disclosure is
made is satisfied that the making of the disclosure is proportionate to
what is sought to be achieved by it.
(5) Information to which this section applies shall not be disclosed by virtue
of this section except by the Treasury or with its authority.
(6) Information obtained by means of a disclosure authorised by
subsection (3) shall not be further disclosed except —
(a) for a purpose mentioned in that subsection; and
(b) with the consent of the Treasury.
(7) A consent for the purposes of subsection (6) may be given either in
relation to a particular disclosure or in relation to disclosures made in
such circumstances as may be specified or described in the consent.
(8) Nothing in this section authorises the making of any disclosure which is
prohibited by any provision of the Data Protection Act 2002.137
(9) References in this section to information which is held on behalf of the
Treasury include references to information which —
(a) is held by a person who provides services to the Treasury; and
(b) is held by that person in connection with the provision of those
services.
(10) [Repealed]138
(11) Nothing in this section shall be taken to prejudice any power to disclose
information which exists apart from this section.
(12) [Amends section 1 of the Customs and Excise etc. (Amendment) Act 2001 in
the new section 174B as follows: paragraph (a) inserts the word “or” at
the end of paragraph (d) and adds paragraph (e) to subsection (2); and
paragraph (b) adds subsection (8A) (i.e. it amends section 174B of the
Customs and Excise Management Act 1986).]
Section 59 Anti-Terrorism and Crime Act 2003
Page 84 AT 6 of 2003 c
58A Disclosure and the intelligence services
[P2008/28/19&20]
(1) A person may disclose information to any of the British intelligence
services for the purposes of the exercise by that service of any of its
functions.
(2) 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).
(3) Nothing in this section authorises a disclosure that —
(a) contravenes the Data Protection Act 2002 ; or
(b) is prohibited by the Interception of Communications Act 1988.139
59 Interpretation of Part VIII
[P2001/24/20]
(1) In this Part —
“criminal investigation
” means an investigation of any criminal conduct,
including an investigation of alleged or suspected criminal conduct and
an investigation of whether criminal conduct has taken place;
“information
” includes —
(a) documents;
(aa) evidence; and140
(b) in relation to a disclosure authorised by a provision to which
section 56 applies, anything that falls to be treated as information
for the purposes of that provision;
“public authority
” has the same meaning as in section 6 of the Human Rights
Act 2001.
(2) Proceedings outside the Island shall not be taken to be criminal
proceedings for the purposes of this Part unless the conduct with which
the defendant in those proceedings is charged is criminal conduct or
conduct which, to a substantial extent, consists of criminal conduct.
(3) In this section —
“conduct” includes acts, omissions and statements; and
“criminal conduct” means any conduct which —
(a) constitutes one or more criminal offences under the law of the
Island; or
Anti-Terrorism and Crime Act 2003 Section 60
c AT 6 of 2003 Page 85
(b) is, or corresponds to, conduct which, if it all took place in the
Island, would constitute one or more offences under the law of
the Island.
PART IX – DANGEROUS SUBSTANCES AND HOAXES
60 Use of noxious substances to cause harm and intimidate
[P2001/24/113]
(1) A person who takes any action which —
(a) involves the use of a noxious substance or other noxious thing;
(b) has an effect falling within subsection (2); and
(c) is designed to influence the government or an international
organisation or to intimidate the public or a section of the
public,141
is guilty of an offence.
(2) Action falls within this subsection if it —
(a) causes serious violence against a person anywhere in the world;
(b) causes serious damage to real or personal property anywhere in
the world;
(c) endangers human life or creates a serious risk to the health or
safety of the public or a section of the public;
(d) induces in members of the public the fear that the action is likely
to endanger their lives or create a serious risk to their health or
safety;
(e) constitutes a Convention offence; or142
(f) would constitute a Convention offence if done in the Island,143
but any effect on the person taking the action is to be disregarded.
(3) A person who —
(a) makes a threat that he or another will take any action which
constitutes an offence under subsection (1); and
(b) intends thereby to induce in a person anywhere in the world the
fear that the threat is likely to be carried out,
is guilty of an offence.
(4) A person guilty of an offence under this section is liable —
(a) on summary conviction, to custody for a term not exceeding 12
months or a fine not exceeding £5,000 (or both); and144
(b) on conviction on information, to custody for a term not exceeding
14 years or a fine (or both).
Section 61 Anti-Terrorism and Crime Act 2003
Page 86 AT 6 of 2003 c
(5) In this section —
“the government” means the government of the Island or of a country or
territory other than the Island;
“the public” includes the public of a country other than the Island.
61 Hoaxes
[P1977/45/51 and 2001/24/114]
(1) A person is guilty of an offence if he —
(a) places any thing in any place; or
(b) sends any thing from one place to another (by post or any other
means whatever);
with the intention of inducing in a person anywhere in the world a belief
that it is likely —
(a) to be (or contain) a noxious substance or other noxious thing and
thereby endanger human life or create a serious risk to human
health; or
(b) to explode or ignite and thereby cause personal injury or damage
to property.
(2) A person is guilty of an offence if he communicates any information
which he knows or believes to be false with the intention of inducing in a
person anywhere in the world a belief that —
(a) a noxious substance or other noxious thing is likely to be present
(whether at the time the information is communicated or later)
and thereby endanger human life or create a serious risk to
human health; or
(b) a bomb or other thing liable to explode or ignite is likely to be
present (whether at the time the information is communicated or
later).
(3) A person guilty of an offence under this section is liable —
(a) on summary conviction, to custody for a term not exceeding 12
months or a fine not exceeding £5,000 (or both); and145
(b) on conviction on information, to custody for a term not exceeding
7 years or a fine (or both).
62 Sections 60 and 61: supplementary
[P2001/24/115]
(1) In sections 60 and 61 —
“thing
” includes substance; and
“substance
” includes any biological agent and any other natural or artificial
substance (whatever its form, origin or method of production).
Anti-Terrorism and Crime Act 2003 Section 62
c AT 6 of 2003 Page 87
(2) For a person to be guilty of an offence under section 60(3) or 61 it is not
necessary for him to have any particular person in mind as the person in
who he intends to induce the belief in question.
PART IXA - RADIOACTIVE DEVICES AND MATERIALS AND
NUCLEAR FACILITIES AND SITES
146
62A Making and possession of devices or materials
[P2006/11/9]
(1) A person commits an offence if the person —
(a) makes or possesses a radioactive device; or
(b) possesses radioactive material,
with the intention of using the device or material in the course of or in
connection with the commission or preparation of an act of terrorism or
for the purposes of terrorism, or of making it available to be so used.
(2) It is irrelevant for the purposes of subsection (1) whether the act of
terrorism to which an intention relates is a particular act of terrorism, an
act of terrorism of a particular description or an act of terrorism
generally.
(3) A person who commits an offence under this section is liable, on
conviction on information, to custody for life.147
62B Misuse of devices or material and misuse and damage of facilities
[P2006/11/10]
(1) A person commits an offence if he or she uses —
(a) a radioactive device, or
(b) radioactive material,
in the course of or in connection with the commission of an act of
terrorism or for the purposes of terrorism.
(2) A person commits an offence if, in the course of or in connection with the
commission of an act of terrorism or for the purposes of terrorism, he or
she uses or damages a nuclear facility in a manner which —
(a) causes a release of radioactive material; or
(b) creates or increases a risk that such material will be released.
(3) A person guilty of an offence under this section is liable, on conviction on
information, to custody for life.148
Section 63 Anti-Terrorism and Crime Act 2003
Page 88 AT 6 of 2003 c
62C Terrorist threats relating to devices, materials or facilities
[P2006/11/11]
(1) A person commits an offence if, in the course of or in connection with the
commission of an act of terrorism or for the purposes of terrorism —
(a) the person makes a demand —
(i) for the supply to the person or to another of a radioactive
device or of radioactive material;
(ii) for a nuclear facility to be made available to the person or
to another; or
(iii) for access to such a facility to be given to the person or to
another;
(b) the person supports the demand with a threat that the person or
another will take action if the demand is not met; and
(c) the circumstances and manner of the threat are such that it is
reasonable for the person to whom it is made to assume that there
is real risk that the threat will be carried out if the demand is not
met.
(2) A person also commits an offence if —
(a) the person makes a threat falling within subsection (3) in the
course of or in connection with the commission of an act of
terrorism or for the purposes of terrorism; and
(b) the circumstances and manner of the threat are such that it is
reasonable for the person to whom it is made to assume that there
is real risk that the threat will be carried out, or would be carried
out if demands made in association with the threat are not met.
(3) A threat falls within this subsection if it is —
(a) a threat to use a radioactive device;
(b) a threat to use radioactive material; or
(c) a threat to use or damage a nuclear facility in a manner that
releases radioactive material or creates or increases a risk that
such material will be released.
(4) A person guilty of an offence under this section is liable, on conviction on
information, to custody for life.149
PART X – MISCELLANEOUS POWERS AND PROCEEDINGS
63 Police powers
[P2000/11/114]
(1) A power conferred by virtue of this Act on a constable —
Anti-Terrorism and Crime Act 2003 Section 64
c AT 6 of 2003 Page 89
(a) is additional to powers which he has at common law or by virtue
of any other statutory provision, and
(b) shall not be taken to affect those powers.
(2) A constable may if necessary use reasonable force for the purpose of
exercising a power conferred on him under this Act (apart from
paragraphs 2 and 3 of Schedule 7).
(3) Where anything is seized by a constable under a power conferred by
virtue of this Act, it may (unless the contrary intention appears) be
retained for so long as is necessary in all the circumstances.
64 Amendment of police powers
[P2001/24/53-55]
The enactments referred to in Schedule 11 are amended in accordance with that
Schedule.
65 Officers’ powers
[P2000/11/115]
Schedule 12 (which makes provision about the exercise of functions by
authorised officers for the purposes of Schedule 3 and examining officers for the
purposes of Schedule 7) shall have effect.
66 Powers to stop and search
[P2000/11/116]
(1) A power to search premises conferred by virtue of this Act shall be taken
to include power to search a container.
(2) A power conferred by virtue of this Act to stop a person includes power
to stop a vehicle (other than an aircraft which is airborne).
(3) A person commits an offence if he fails to stop a vehicle when required to
do so by virtue of this section.
(4) A person guilty of an offence under subsection (3) shall be liable on
summary conviction to custody for a term not exceeding 12 months, a
fine not exceeding £5,000 or to both.150
67 Consent to prosecution
[P2000/11/117]
(1) Proceedings for an offence under this Act shall not be instituted without
the consent of the Attorney General.
(2) Subsection (1) shall not prevent the arrest, or the issue or execution of a
warrant for the arrest, of any person in respect of such an arrest, or the
remand in custody or on bail of any person charged with such an
Section 68 Anti-Terrorism and Crime Act 2003
Page 90 AT 6 of 2003 c
offence, notwithstanding that the necessary consent to the institution of
proceedings for the offence has not been obtained.
68 Defences
[P2000/11/118]
(1) Subsection (2) applies where in accordance with this Act it is a defence
for a person charged with an offence to prove a particular matter.
(2) If the person adduces evidence which is sufficient to raise an issue with
respect to the matter, the court or jury shall assume that the defence is
satisfied unless the prosecution proves beyond reasonable doubt that it is
not.
(3) Subsection (4) applies where in accordance with this Act a court —
(a) may make an assumption in relation to a person charged with an
offence unless a particular matter is proved, or
(b) may accept a fact as sufficient evidence unless a particular matter
is proved.
(4) If evidence is adduced which is sufficient to raise an issue with respect to
the matter mentioned in subsection (3)(a) or (b) the court shall treat it as
proved unless the prosecution disproves it beyond reasonable doubt.
69 Convictions: effect of deproscription
[P2000/11/7]
(1) This section applies where —
(a) an appeal under section 5 of the UK Act (appeal against refusal of
deproscription) has been allowed in respect of an organisation,
(b) an order has been made under section 3(3)(b) of that Act (order
deproscribing an organisation) in respect of the organisation in
accordance with an order of the Proscribed Organisations Appeal
Commission under section 5(3) of that Act (order to deproscribe),
(c) a person has been convicted of an offence in respect of the
organisation under any of sections 3 to 5, 7 to 11, 14 and 44 of this
Act, and
(d) the activity to which the charge referred took place on or after the
date of the refusal to deproscribe against which the appeal under
the said section 5 was brought.
(1A) This section also applies where —
(a) an appeal under section 5 of the UK Act (appeal against refusal of
deproscription) has been allowed in respect of a name treated as
the name for an organisation;
Anti-Terrorism and Crime Act 2003 Section 70
c AT 6 of 2003 Page 91
(b) an order has been made under section 3(8) of that Act in respect of
the name in accordance with an order of the Commission under
section 5(4) of that Act;
(c) a person has been convicted of an offence in respect of the
organisation under any of sections 3 to 5, 7 to 11 and 44; and
(d) the activity to which the charge referred took place on or after the
date of the refusal, against which the appeal under section 5 of the
UK Act was brought, to provide for a name to cease to be treated
as a name for the organisation.151
(2) A person mentioned in subsection (1)(c) or (1A)(c) —
(a) may appeal against the conviction to the Staff of Government
Division, and
(b) the Court shall allow the appeal.152
(3) A person may appeal against a conviction under subsection (2) —
(a) whether or not he pleaded guilty,
(b) whether or not he has already appealed against the conviction,
and
(c) whether or not he has made an application in respect of the
conviction under section 109 of the Summary Jurisdiction Act 1989
(case stated).
(4) An appeal under subsection (2) —
(a) must be brought within the period of 28 days beginning with the
date on which the order mentioned in subsection (1)(b) or (1A)(b)
comes into force, and153
(b) shall be treated as an appeal under section 103(1)(b) of the
Summary Jurisdiction Act 1989 or, as the case requires, an appeal
under section 30 of the Criminal Jurisdiction Act 1993.
70 Crown servants, regulators etc
[P2000/11/119]
(1) The Governor in Council may make regulations providing for any of
sections 7 to 16B and 27 to apply to persons in the public service of the
Crown in right of the Government of the Island.154
(2) The Governor in Council may make regulations providing for section 11
not to apply to persons who are in his opinion performing or connected
with the performance of regulatory, supervisory, investigative or
registration functions of a public nature.
Section 71 Anti-Terrorism and Crime Act 2003
Page 92 AT 6 of 2003 c
71 Warrants
[1990/19/Sch.7 para.6]
The taking of such action as is specified in a warrant issued under section 5 of
the Intelligence Services Act 1994 (an Act of Parliament) shall not be
unlawful if —
(a) in a case where the warrant authorises the taking of action in
relation to conduct within subsection (3B) of that section, the
warrant was issued with the consent of the Attorney General; or
(b) in any other case, the warrant was issued after consultation with
the Chief Minister or the Minister for Home Affairs.
72 Evidence
[P2000/11/120]
(1) A document which purports to be —
(a) a notice or direction given or order made by the Governor in
Council for the purposes of any provision of this Act, and
(b) signed by the Chief Secretary,
shall be received in evidence and shall, until the contrary is proved, be
deemed to have been given or made by the Governor in Council.
(2) A document bearing a certificate which —
(a) purports to be signed by, or on behalf of the Chief Secretary, and
(b) states that the document is a true copy of a notice or direction
given or order made by the Governor in Council for the purposes
of any provision of this Act,
shall be evidence of the document in legal proceedings.
(3) In subsections (1) and (2) a reference to an order does not include a
reference to an order which is a public document within the meaning of
the Interpretation Act 1976.
72A Supplemental powers of forfeiture
[P2000/11/120A]
(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 42 (weapons training) Anything that the court considers to have
been in the possession of the person for
purposes connected with the offence.
Section 45 (possession for
terrorist purposes)
Any article that is the subject matter of the
offence.
Section 46 (collection of
information)
Any document or record containing
information of the kind mentioned in
Anti-Terrorism and Crime Act 2003 Section 72
c AT 6 of 2003 Page 93
Offence Items liable to forfeiture subsection (1)(a) of that section.
Section 46A (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 16A or 16B.155
Sentencing
72B Sentences for offences with a terrorist connection
[P2008/28/30]
(1) This section applies where a court is considering for the purposes of
sentence the seriousness of an offence —
(a) under this Act; or
(b) specified in Schedule 2A (offences where terrorist connection to
be considered).
(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
Section 73 Anti-Terrorism and Crime Act 2003
Page 94 AT 6 of 2003 c
(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.
(6) This section has effect in relation only to offences committed on or after
the day it comes into operation.156
72C Power to amend list of offences where terrorist connection to be
considered
[P2008/28/33]
(1) The Department may by order amend Schedule 2A (offences where
terrorist connection to be considered).
(2) An order adding an offence to that Schedule applies only in relation to
offences committed after the order comes into operation.157
PART XI
158
73 [Repealed]
159
PART XII – TOXINS
74 Security of pathogens and toxins
Schedule 13 (security of pathogens and toxins) shall have effect.
PART XIII – GENERAL
75 Interpretation
[P2000/11/121]
(1) In this Act —
“act
” and “action
” include omission,
“article
” includes substance and any other thing,
“atomic energy
” means the energy released from atomic nuclei as the result of
any process, including the fission process, but does not include energy
released in any process of natural transmutation or radioactive decay
which is not accelerated or influenced by external means;160
“Convention offence
” means an offence listed in Schedule 13A or an equivalent
offence under the law of a county or territory outside the Island;161
“customs officer
” has the meaning given in section 184(1) of the Customs and
Excise Management Act 1986,
Anti-Terrorism and Crime Act 2003 Section 75
c AT 6 of 2003 Page 95
“Department
” means the Department of Home Affairs;
“dwelling
” means a building or part of a building used as a dwelling, and a
vehicle which is habitually stationary and which is used as a dwelling,
“explosive
” means —
(a) an article or substance manufactured for the purpose of
producing a practical effect by explosion,
(b) materials for making an article or substance within paragraph (a),
(c) anything used or intended to be used for causing or assisting in
causing an explosion, and
(d) a part of anything within paragraph (a) or (c),
“FIU
” means the Financial Intelligence Unit established by the Financial
Intelligence Unit Act 2016;162
“firearm
” includes an air gun or air pistol,
“GCHQ
” has the same meaning as in the Intelligence Services Act 1994 (see
section 3(3) of that Act) (of Parliament);163
“Immigration Act
” means the Immigration Act 1971 (an Act of Parliament) as
that Act has effect in the Island;
“immigration officer
” means a person appointed as an immigration officer
under paragraph 1 of Schedule 2 to the Immigration Act,
“intelligence services
” means the Security Service, the Secret Intelligence
Service or GCHQ;164
“international organisation
” means an organisation whose members are any of
the following —
(a) countries or territories;
(b) governments of countries or territories;
(c) a mixture of any of the above;165
“nuclear facility
” means —
(a) a nuclear reactor, including a reactor installed in or on any
transportation device for use as an energy source in order to
propel it or for any other purpose; or
(b) a plant or conveyance being used for the production, storage,
processing or transport of radioactive material;166
“nuclear material
” means plutonium except that with isotopic concentration
exceeding 80% in plutonium-238; uranium-233; uranium enriched in the
isotopes 235 or 233; uranium containing the mixture of isotopes as
occurring in nature other than in the form of ore or ore-residue; any
material containing one or more of the foregoing;167
Section 75 Anti-Terrorism and Crime Act 2003
Page 96 AT 6 of 2003 c
“nuclear reactor
” means any plant (including any machinery, equipment or
appliance, whether affixed to land or not) designed or adapted for the
production of atomic energy by a fission process in which a controlled
chain reaction can be maintained without an additional source of
neutrons;168
“organisation
” includes any association or combination of persons,
“premises
” includes any place and in particular includes —
(a) a vehicle,
(b) an offshore installation within the meaning given in section 1 of
the Mineral Workings (Offshore Installations) (Isle of Man) Act 1974,
and
(c) a tent or moveable structure,
“property
” is all property, wherever situated and includes —
(a) money;
(b) all forms of property, real or personal, heritable or moveable;
(c) things in action and other intangible or incorporeal property; and
(d) legal documents and instruments evidencing title to or interest in
any such property;169
“public
” is to be construed in accordance with subsection (2);170
“public place
” means a place to which members of the public have or are
permitted to have access, whether or not for payment,
“radioactive device
” means —
a nuclear weapon or other nuclear explosive device;
a radioactive material dispersal device;
a radiation-emitting device,
and for the purposes of this definition “device
” includes any of the following,
whether or not fixed to land, namely, machinery, equipment, appliances, tanks,
containers, pipes and conduits;171
“radioactive material
” means nuclear material or any other radioactive
substance which —
contains nuclides that undergo spontaneous disintegration in a
process accompanied by the emission of one or more types of
ionising radiation, such as alpha radiation, beta radiation, neutron
particles or gamma rays; and
is capable, owing to its radiological or fissile properties, of —
causing serious bodily injury to a person;
causing serious damage to property;
endangering a person’s life; or
Anti-Terrorism and Crime Act 2003 Section 76
c AT 6 of 2003 Page 97
creating a serious risk to the health or safety of the public;172
“record
” means a record so far as not comprised in an article, including a
temporary record created electronically and existing solely in the course
of, and for the purposes of, the transmission of the whole or a part of its
contents;173
“road
” has the same meaning as in the Road Traffic Act 1985,
“search powers code
” has the meaning assigned by section 35(2);174
“transportation device
” means any space object, any launch vehicle of the space
object or any component parts of the vehicle, space object or launch
vehicle;175
“uranium enriched in the isotope 235 or 233
” means uranium containing the
isotopes 235 or 233 or both in an amount such that the abundance ratio of
the sum of these isotopes to the isotope 238 is greater than the ratio of the
isotope 235 to the isotope 238 occurring in nature;176
“vehicle
”, except in sections 37 to 41 and Schedule 7, includes an aircraft,
hovercraft, train or vessel.
(2) In this Act, references to the public —
(a) are references to the public of any country or territory, or any
section of the public; and
(b) except in construing the definition of “radioactive material” in
section 62A, also include references to a meeting or other group of
persons which is open to the public (whether unconditionally or
on the making of a payment or the satisfaction of other
conditions).177
76 Index of defined expressions
[P2000/11/122]
In this Act the expressions listed below are defined by the provisions
specified.178
Expression Interpretation provision
Act Section 75
Act of terrorism Section 1(6)
Action Section 75
Action taken for the purposes of terrorism Section 1(5)
Article Section 75
Atomic energy Section 75(1)
Authorised officer (in Schedule 3) Paragraph 19(1) of Schedule 3
Cash (in Schedule 3) Paragraph 1(2) of Schedule 3
Convention offence Section 75(1)
Cordoned area Section 20
Section 76 Anti-Terrorism and Crime Act 2003
Page 98 AT 6 of 2003 c
Expression Interpretation provision
Country (in Part IIIA) Section 18V
Criminal investigation (in Part VIII) Section 59(1)
Customs officer Section 75
Department Section 75
Detained in a hospital (in Part IIIA) Section 18V
Device (in definition of “radioactive device”) Section 75(1)
Disabled person’s badge (in sections 37 to 40) Section 41
Document (in sections 32A to 32H) Section 32I(1)
Driver (in sections 37 to 40) Section 41
Dwelling Section 75
Employment (in sections 11 to 15) Section 15A(1)
Examining officer (in Schedule 7) Paragraph 1 of Schedule 7
Explosive Section 75
Facilitates (in sections 9 and 10) Section 9(3)
FIU (in Part III) Section 75
Firearm Section 75
GCHQ (in the definition of “intelligence
services”)
Section 75(1)
Home address (in Part IIIA) Section 18V
Hospital order (in Part IIIA) Section 18V
Immigration Act Section 75
Immigration Acts (in Part IIIA) Section 18V
Immigration officer Section 75
Information (in Part VIII) Section 59(1)
Intelligence services Section 75(1)
International organisation Section 75(1)
Nuclear facility Section 75(1)
Nuclear material Section 75(1)
Nuclear reactor Section 75(1)
Organisation Section 75
Parking (in sections 37 to 40) Section 41
Passport (in Schedule 4A) Schedule 4A paragraph 4(5)
Photograph (in Part IIIA) Section 18V
Premises Section 75
Prescribed (in Part IIIA) Section 18V
Property Section 75
Proscribed organisation Section 2(1)
Public Section 75(1)
Public authority (in Part VIII) Section 59(1)
Public place Section 75
Publish (in Part VI) Section 49A
Radioactive device Section 75(1)
Radioactive material Section 75(1)
Record Section 75(1)
Release (in Part IIIA) Section 18V
Anti-Terrorism and Crime Act 2003 Section 76
c AT 6 of 2003 Page 99
Expression Interpretation provision
Road Section 75
Search powers code Section 35(2)
Statement (in Part VI) Section 49A
Terrorism Section 1
Terrorist (in Part V) Section 29
Terrorist connection Section 1(7)
Terrorist investigation Section 19
Terrorist property Section 6
Traffic sign (in sections 37 to 40) Section 41
Transportation device Section 75(1)
UK Act Section 2(1)
Uranium enriched in the isotope 235 or 233 Section 75(1)
Vehicle Section 75
Vehicle (in sections 37 to 40) Section 41179
76A Liability of officers of bodies corporate etc
(1) This section does not apply where paragraph 8 of Schedule 6 applies or
to an offence under Schedule 13.
(2) If an offence under this Act committed by a body corporate is shown —
(a) to have been committed with the consent or the connivance of an
officer of the body corporate; or
(b) to be attributable to any neglect on the part of any such officer,
the officer as well as the body corporate is guilty of an offence and liable
to be proceeded against and punished accordingly.
(3) If an offence under this Act committed by a partnership is shown —
(a) to have been committed with the consent or the connivance of a
partner; or
(b) to be attributable to any neglect on the part of a partner,
the partner as well as the partnership is guilty of an offence and liable to
be proceeded against and punished accordingly.
(4) If an offence under this Act committed by an unincorporated association
(other than a partnership) is shown —
(a) to have been committed with the consent or the connivance of an
officer of the association; or
(b) to be attributable to any neglect on the part of any such officer,
the officer as well as the association is guilty of an offence and liable to be
proceeded against and punished accordingly.
(5) If the affairs of a body corporate are managed by its members,
subsection (2) applies in relation to the acts and defaults of a member in
Section 76 Anti-Terrorism and Crime Act 2003
Page 100 AT 6 of 2003 c
connection with the member’s functions of management as if the
member were a director of the body.
(6) In this section —
“officer” includes —
(a) in relation to a body corporate, a director, manager, secretary,
chief executive, member of the committee of management and its
registered agent;
(b) in relation to an unincorporated association, any officer of the
association and any member of its governing body; and
(c) in relation to a limited liability company constituted under the
Limited Liability Companies Act 1996, the company’s manager, the
registered agent and its members,
and any person purporting to act in such a capacity;
“partner” includes a person holding himself or herself out to be a partner
(within the meaning of section 16(1) of the Partnership Act 1909 ).180
76B Compliance with international standards
(1) The Council of Ministers may by order amend this Act in connection
with the implementation of —
(a) relevant international obligations or standards; or
(b) the recommendations (however described) of international bodies
that are involved with the adoption, monitoring or promotion of
such obligations or standards.
(2) An order under subsection (1) may contain such consequential,
supplementary, incidental and transitional provisions as the Council of
Ministers considers to be necessary or expedient.
(3) In this section —
“FATF” means the Financial Action Task Force;
“FATF Recommendations” means the International Standards on Combating
Money Laundering and the Financing of Terrorism & Proliferation,
adopted by FATF, together with any guidance or supporting
documentation published by FATF;
“international bodies” means —
(a) FATF;
(b) the International Monetary Fund; and
(c) MONEYVAL;
“MONEYVAL” means the Council of Europe’s Committee of Experts on the
Evaluation of Anti-Money Laundering Measures and the Financing of
Terrorism; and
Anti-Terrorism and Crime Act 2003 Section 77
c AT 6 of 2003 Page 101
“relevant international obligations or standards” means the FATF
Recommendations, as they have effect from time to time.
(4) The Council of Ministers may by order amend, insert or omit definitions
in subsection (3).
(5) No order under subsection (1) may be made unless —
(a) the Council of Ministers has consulted such persons and bodies as
it considers appropriate; and
(b) a draft of the proposed order has been laid before a sitting of
Tynwald and that draft has been approved at a subsequent sitting
of Tynwald.
(6) An order under subsection (4) must not come into operation unless it is
approved by Tynwald.181
77 Orders etc.
[P2000/11/123]
(1) Orders and regulations under this Act may contain savings and
transitional provisions.
(2) Orders and regulations made by the Council of Ministers, Governor in
Council, the Department or the Treasury under this Act (other than an
order appointing a date for the commencement of a provision of this Act)
shall be laid before Tynwald as soon as practicable after they are made,
and if Tynwald at the sitting at which the orders or regulations are laid
or at the next following sitting fails to approve them, the orders or
regulations shall cease to have effect.182
(2A) Subsection (2) does not apply to orders made under section 76B(1) or
(4).183
(3) Pending the coming into force of any rules of court under this Act,
proceedings under this Act shall be made in such manner and shall be
subject to such conditions as the court receiving the application shall
direct.184
78 Directions
[P2000/11/124]
A direction given under this Act may be varied or revoked by a further
direction.
79 Amendments and repeals
[P2000/11/125]
(1) Schedule 14 (consequential and miscellaneous amendments) shall have
effect.
Section 80 Anti-Terrorism and Crime Act 2003
Page 102 AT 6 of 2003 c
(2) The enactments listed in Schedule 15 are repealed or revoked to the
extent specified.
80 Money
[P2000/11/127]
Any expenditure of the Governor, Council of Ministers, department or statutory
board under this Act shall be paid out of the General Revenue of the Island.
81 Transitional provisions
[P2000/11/129]
(1) Where, immediately before the coming into force of section 2(1)(a), a
person is being detained by virtue of a provision of the Prevention of
Terrorism Act 1990 —
(a) the provisions of that Act shall continue to apply to him, in place
of the corresponding provisions of this Act, until his detention
comes to an end, and
(b) nothing in paragraph 6(3) to (12) of Schedule 14 shall have effect
in relation to him during his detention.
(2) Where this Act repeals and re-enacts a provision of the Prevention of
Terrorism Act 1990 the repeal and re-enactment shall not, unless the
contrary intention appears, affect the continuity of the law.
(3) A reference in this Act or any other enactment or instrument to a
provision of this Act shall (so far as the context permits) be taken to
include a reference to a corresponding provision repealed by this Act.
(4) Any document made, served or issued after the commencement of this
Act which contains a reference to any provision of the Prevention of
Terrorism Act 1990 shall, so far as the context permits, be construed as
referring to or (as the context may require) including a reference to the
corresponding provision of this Act.
(5) Any document made, served or issued after the commencement of this
Act which contains a reference to a provision of this Act shall, so far as
the context permits, be construed as referring to or (as the context may
require) including a reference to the corresponding provision of the
Prevention of Terrorism Act 1990.
(6) Section 67 shall apply to the institution of proceedings after
commencement of that section whether the offence to which the
proceedings relate (which may, by virtue of subsection (3), be an offence
under a provision repealed by this Act) is alleged to have been
committed before or after commencement of that section.
82 Short title
185
This Act may be cited as the Anti-Terrorism and Crime Act 2003.186
Anti-Terrorism and Crime Act 2003 Schedule 1
c AT 6 of 2003 Page 103
SCHEDULE 1
187
SCHEDULE 2
FORFEITURE ORDERS
Section 16(8)
PART 1 – FORFEITURE ORDERS
Interpretation
1. In this Part —
“charging order
” means an order made by the High Court under
paragraph 8A,188
“forfeiture order
” means an order made by a court in the Island under
section 16, 16A or 16B,189
“forfeited property
” means the money or other property to which a forfeiture
order applies,
“relevant offence
” means —
(a) an offence under this Act;
(b) an offence specified in Schedule 2A (offences where terrorist
connection to be considered) as to which the court dealing with
the offence has determined, in accordance with section 72B, that
the offence has a terrorist connection; or
(c) in relation to a restraint order or a charging order, any offence
specified in Schedule 2A; and190
“restraint order
” means an order made by the High Court under paragraph 5.191
Implementation of forfeiture orders
2. (1) Where a court makes a forfeiture order it may make such other provision
as appears to it to be necessary for giving effect to the order, and in particular it may —
(a) require any of the forfeited property to be paid or handed over to
the Chief Registrar or to a constable;
(b) direct any of the forfeited property other than money or land to be
sold or otherwise disposed of in such manner as the court may
direct and the proceeds (if any) to be paid to the Chief Registrar;
(c) appoint a receiver to take possession, subject to such conditions
and exceptions as may be specified by the court, of any of the
Schedule 2
Anti-Terrorism and Crime Act 2003
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forfeited property, to realise it in such manner as the court may
direct and to pay the proceeds to the Chief Registrar;
(d) direct a specified part of any forfeited money, or of the proceeds
of the sale, disposal or realisation of any forfeited property, to be
paid by the Chief Registrar to a specified person falling within
section 16C(1) or such other person or body (including a person or
body in a country or territory outside the Island) as the court
considers appropriate.192
(1A) Without limiting the generality of paragraph 2(1)(d), the court may direct
that payment under that provision be made to —
(a) victims of terrorist offences;
(b) victims of other crimes;
(c) charitable organisations involved in preventing or detecting
crime;
(d) charitable organisations involved in providing support to the
victims of crime.193
(2) A forfeiture order shall 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).
(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale,
disposal or realisation of property is a reference to the proceeds after deduction of the
costs of sale, disposal or realisation.
(4) After making any payment required by virtue of sub-paragraph (1)(d)
and paragraph 3(1), the balance of any sums received by the Chief Registrar under a
forfeiture order shall be treated for the purposes of section 1 of the Collection of Fines etc.
Act 1985 (application of fines etc.) as if it were a fine imposed by a criminal court.
3. (1) A receiver appointed under paragraph 2 shall be entitled to be paid his
remuneration and expenses by the Chief Registrar out of the proceeds of the property
realised by the receiver and paid to the Chief Registrar under paragraph 2(1)(c).
(2) If and so far as those proceeds are insufficient, the receiver shall be
entitled to be paid his remuneration and expenses by the prosecutor.
(3) A receiver appointed under paragraph 2 shall not be liable to any person
in respect of any loss or damage resulting from action —
(a) which he takes in relation to property which is not forfeited
property, but which he reasonably believes to be forfeited
property,
(b) which he would be entitled to take if the property were forfeited
property, and
(c) which he reasonably believes that he is entitled to take because of
his belief that the property is forfeited property.
Anti-Terrorism and Crime Act 2003 Schedule 2
c AT 6 of 2003 Page 105
(4) Sub-paragraph (3) does not apply in so far as the loss or damage is
caused by the receiver’s negligence.
4. (1) The Chief Registrar shall issue a certificate in respect of a forfeiture order
if an application is made by —
(a) the prosecutor in the proceedings in which the forfeiture order
was made,
(b) the defendant in those proceedings, or
(c) a person whom the court heard under section 16C(1) before
making the order.194
(2) The certificate shall state the extent (if any) to which, at the date of the
certificate, effect has been given to the forfeiture order.
Restraint orders
5. (1) The High Court may make a restraint order under this
paragraph where —
(a) proceedings have been instituted in the Island for a relevant
offence,195
(b) the proceedings have not been concluded,
(c) an application for a restraint order is made to the High Court by
the prosecutor, and
(d) a forfeiture order has been made, or it appears to the High Court
that a forfeiture order may be made, in the proceedings for the
offence.
(2) The High Court may also make a restraint order under this
paragraph where —
(a) a criminal investigation has been commenced in the Island with
regard to a relevant offence,196
(b) an application for a restraint order is made to the High Court by
the person who the High Court is satisfied will have the conduct
of any proceedings for the offence, and
(c) it appears to the High Court that a forfeiture order may be made
in any proceedings for the offence.
(3) A restraint order prohibits a person to whom notice of it is given, subject
to any conditions and exceptions specified in the order, from dealing with property in
respect of which a forfeiture order has been or could be made in any proceedings
referred to in sub-paragraph (1) or (2).
(4) An application for a restraint order may be made to a judge of the High
Court in private without notice.197
Schedule 2
Anti-Terrorism and Crime Act 2003
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(5) In this paragraph a reference to dealing with property includes a
reference to removing the property from the Island.
(6) In this paragraph, “criminal investigation” means an investigation which
police officers or other persons have a duty to conduct with a view to it being
ascertained whether a person should be charged with an offence.
6. (1) A restraint order shall provide for notice of it to be given to any person
affected by the order.
(2) A restraint order may be discharged or varied by the High Court on the
application of a person affected by it.
(3) A restraint order made under paragraph 5(1) shall in particular be
discharged on an application under sub-paragraph (2) if the proceedings for the
offence have been concluded.
(4) A restraint order made under paragraph 5(2) shall in particular be
discharged on an application under sub-paragraph (2) —
(a) if no proceedings in respect of relevant offences are instituted
within such time as the High Court considers reasonable, and198
(b) if all proceedings in respect of relevant offences have been
concluded.199
7. (1) A constable may seize any property subject to a restraint order for the
purpose of preventing it from being removed from the Island.
(2) Property seized under this paragraph shall be dealt with in accordance
with the High Court’s directions.
8. (1) The Land Registration Act 1982 —
(a) shall apply in relation to restraint orders as it applies in relation to
orders affecting land made by the court for the purpose of
enforcing judgments or recognizances, and
(b) shall apply in relation to applications for restraint orders as it
applies in relation to other pending land actions.
(2) Where a restraint order is made under paragraph 5(1) or an application
for such an order is made, the prosecutor in the proceedings for the offence shall be
treated for the purposes of section 62 of the Land Registration Act 1982 (inhibitions) as a
person interested in respect of any registered land to which the restraint order or the
application for the restraint order relates.
(3) Where a restraint order is made under paragraph 5(2) or an application
for such an order is made, the person who the High Court is satisfied will have the
conduct of any proceedings for a relevant offence shall be treated for the purposes of
section 62 of that Act as a person interested in respect of any registered land to which
the restraint order or the application for the restraint order relates.200
Anti-Terrorism and Crime Act 2003 Schedule 2
c AT 6 of 2003 Page 107
Charging orders201
8A. (1) The High Court may make an order imposing a charge on any specified
property (being property in respect of which a forfeiture order has been or could be
made) for securing the payment of money to the Treasury (“a charging order”) in the
following circumstances —
(a) proceedings have been instituted for a relevant offence or the
court is satisfied that a person is to be charged for a relevant
offence;
(b) if instituted, the proceedings have not been concluded; and
(c) a forfeiture order has been made or it appears to the court that a
forfeiture order may be made in proceedings for the relevant
offence.
(2) A charging order —
(a) may be made only on an application made by or with the consent
of the Attorney General;
(b) may be made on an ex parte application to a judge of the High
Court in chambers;
(c) shall provide for notice to be given to persons affected by the
order; and
(d) may be made subject to such conditions as the court thinks fit and,
without limiting the generality of this paragraph, such conditions
as it thinks fit as to the time when the charge is to become
effective.
(3) Upon the application of any person affected by a charging order, the
court may make an order discharging or varying the charging order and shall make an
order discharging the charging order if the proceedings for the offence are concluded
or the amount payment of which is secured by the charge is paid into court.
(4) The High Court may appoint a receiver to enforce a charge imposed
under this paragraph.202
Compensation
9. (1) This paragraph applies where a restraint order is discharged under
paragraph 6(4)(a) or where a charging order is discharged in accordance with
paragraph 8A(3) because no proceedings in respect of relevant offences are instituted
within such time as the High Court considers reasonable.203
(2) This paragraph also applies where a forfeiture order, a restraint order or
a charging order is made in or in relation to proceedings for a relevant
offence which —
(a) do not result in conviction for a relevant offence,204
Schedule 2
Anti-Terrorism and Crime Act 2003
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(b) result in conviction for a relevant offence in respect of which the
person convicted is subsequently pardoned by Her Majesty, or205
(c) result in conviction for a relevant offence which is subsequently
quashed.206
(3) A person who had an interest in any property which was subject to the
order may apply to the High Court for compensation.
(4) The High Court may order compensation to be paid to the applicant if
satisfied —
(a) that there was a serious default on the part of a person concerned
in the investigation or prosecution of the offence,
(b) that the person in default was or was acting as a member of the
police force, or was an officer in the Attorney General’s Chambers
or was acting on behalf of the Attorney General,
(c) that the applicant has suffered loss in consequence of anything
done in relation to the property by or in pursuance of the
forfeiture order or restraint order, and
(d) that, having regard to all the circumstances, it is appropriate to
order compensation to be paid.
(5) The High Court shall not order compensation to be paid where it
appears to it that proceedings for the offence would have been instituted even if the
serious default had not occurred.
(6) Compensation payable under this paragraph shall be paid out of the
General Revenue of the Island.
10. (1) This paragraph applies where —
(a) a forfeiture order, a restraint order or a charging order is made in
or in relation to proceedings for a relevant offence; and207
(b) the proceedings result in a conviction which is subsequently
quashed on an appeal under section 69(2).
(2) A person who had an interest in any property which was subject to the
order may apply to the High Court for compensation.
(3) The High Court may order compensation to be paid to the applicant
if satisfied —
(a) that the applicant has suffered loss in consequence of anything
done in relation to the property by or in pursuance of the
forfeiture order, restraint order or charging order, and208
(b) that, having regard to all the circumstances, it is appropriate to
order compensation to be paid.
(4) Compensation payable under this paragraph shall be paid out of the
General Revenue of the Island.
Anti-Terrorism and Crime Act 2003 Schedule 2
c AT 6 of 2003 Page 109
Proceedings for an offence: timing
11. (1) For the purposes of this Part proceedings for an offence are instituted —
(a) when a justice of the peace issues a summons or warrant under
section 4 of the Summary Jurisdiction Act 1989 in respect of the
offence;
(b) when a person is charged with the offence after being taken into
custody without a warrant;
(c) if an information is preferred by the Attorney General in a case
where there has been no committal proceedings, when the
information is lodged in the General Registry in accordance with
section 2(2) of the Criminal Jurisdiction Act 1993.
(2) Where the application of sub-paragraph (1) would result in there being
more than one time for the institution of proceedings they shall be taken to be
instituted at the earliest of those times.
(3) For the purposes of this Part proceedings are concluded —
(a) when a forfeiture order has been made in those proceedings and
effect has been given to it in respect of all the forfeited property,
or
(b) when no forfeiture order has been made in those proceedings and
there is no further possibility of one being made as a result of an
appeal (disregarding any power of a court to grant leave to appeal
out of time).
Enforcement of orders made elsewhere in the British Islands
12. In the following provisions of this Part of this Schedule —
“a British Islands order
” means an order made in any part of the United
Kingdom or in the Islands under a provision of the law of that part or Island
corresponding to —
(a) section 16, 16A or 16B,209
(b) paragraph 5 (“a British Islands restraint order”), or
(c) any other provision of this Part.
13. (1) Subject to the provisions of this paragraph, a British Islands order shall
have effect in the law of the Island.
(2) But such an order shall be enforced in the Island only in
accordance with —
(a) the provisions of this paragraph, and
(b) any provision made by rules of court as to the manner in which,
and the conditions subject to which, such orders are to be
enforced.
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(3) On an application made to it in accordance with rules of court for
registration of a British Islands order, the High Court shall direct that the order shall, in
accordance with such rules, be registered in that court.
(4) Rules of court shall also make provision —
(a) for cancelling or varying the registration of a British Islands
forfeiture order when effect has been given to it, whether in the
Island or elsewhere, in respect of all or, as the case may be, part of
the money or other property to which the order applies;
(b) for cancelling or varying the registration of a British Islands
restraint order which has been discharged or varied by the court
by which it was made.
(5) If a British Islands forfeiture order is registered under this paragraph the
High Court shall have, in relation to that order, the same powers as a court has under
paragraph 2(1) to give effect to a forfeiture order made by it and —
(a) paragraph 3 shall apply accordingly, and
(b) after making any payment required by virtue of paragraph 2(1)(d)
or 3, the balance of any sums received by the Chief Registrar by
virtue of an order made under this sub-paragraph shall be paid
into the General Revenue of the Island.
(6) If a British Islands restraint order is registered under this paragraph —
(a) paragraphs 7 and 8 shall apply as they apply to a restraint order
under paragraph 5, and
(b) the High Court shall have power to make an order under
section 35 of the High Court Act 1991(extended power to order
inspection of property, etc.) in relation to proceedings brought or
likely to be brought for a British Islands restraint order as if those
proceedings had been brought or were likely to be brought in the
High Court.
(7) In addition, if a British Islands order is registered under this
paragraph —
(a) the High Court shall have, in relation to its enforcement, the same
power as if the order had originally been made in the High Court,
(b) proceedings for or with respect to its enforcement may be taken as
if the order had originally been made in the High Court, and
(c) proceedings for or with respect to contravention of such an order,
whether before or after such registration, may be taken as if the
order had originally been made in the High Court.
(8) The High Court may also make such orders or do otherwise as seems to
it appropriate for the purpose of —
(a) assisting the achievement in the Island of the purposes of a British
Islands order, or
Anti-Terrorism and Crime Act 2003 Schedule 2
c AT 6 of 2003 Page 111
(b) assisting a receiver or other person directed by a British Islands
order to sell or otherwise dispose of property.
(9) The following documents shall be received in evidence in the Island
without further proof —
(a) a document purporting to be a copy of a British Islands order and
to be certified as such by a proper officer of the court by which it
was made, and
(b) a document purporting to be a certificate for purposes
corresponding to those of paragraph 4 and to be certified by a
proper officer of the court concerned.
Enforcement of orders made outside the British Islands210
14. (1) The Department may by order make provision for the purpose of
enabling the enforcement in the Island of external orders.
(2) An “external order
” means an order —
(a) which is made in a country or territory outside the British Islands,
and211
(b) which makes relevant provision.
(3) “Relevant provision
” means —
(a) provision for the forfeiture of terrorist property (“an external
forfeiture order”), or
(b) provision prohibiting dealing with property which is subject to an
external forfeiture order or in respect of which such an order
could be made in proceedings which have been or are to be
instituted in the country or territory outside the British Islands
(“an external restraint order”).212
(4) An Order under this paragraph may, in particular, include provision —
(a) which, for the purpose of facilitating the enforcement of any
external order that may be made, has effect at times before there is
an external order to be enforced;
(b) for matters corresponding to those for which provision is made
by, or can be made under, paragraph 13(1) to (8) in relation to the
orders to which that paragraph applies;
(c) for the proof of any matter relevant for the purposes of anything
falling to be done in pursuance of the order.
(5) An order under this paragraph may also make provision with respect to
anything falling to be done on behalf of the Island in a country or territory outside the
British Islands in relation to proceedings in that country or territory for or in
connection with the making of an external order.213
Schedule 2
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PART 2 – INSOLVENCY
General
15. In this Part —
“ancillary order
” means an order made in connection with a forfeiture, other
than the forfeiture order,
“forfeiture order
” means —
(a) an order made in the Island under section 16, 16A or 16B,214
(b) a British Islands forfeiture order within the meaning given in
paragraph 12, or
(c) an external forfeiture order which is enforceable in the Island, by
virtue of an order made under paragraph 14,
“forfeited property
” means the money or other property to which a forfeiture
order applies, and
“restraint order
” means —
(a) an order made under paragraph 5,
(b) a British Islands restraint order within the meaning given in
paragraph 12, or
(c) an external restraint order which is enforceable in the Island by
virtue of an order made under paragraph 14.
Protection of creditors against forfeiture
16. (1) During the period of 6 months beginning with the making of a forfeiture
order, the following shall not be finally disposed of under this Schedule —
(a) the money to which the order applies, and
(b) the money which represents any property to which the order
applies.
(2) For the purposes of this paragraph money is finally disposed of under
this Schedule when it is paid into the General Revenue of the Island.
17. (1) This paragraph applies where —
(a) before or after a forfeiture order is made, the commencement of
an insolvency occurs in qualifying insolvency proceedings,
(b) an insolvency practitioner would, but for the forfeiture order,
exercise a function in those proceedings in relation to property to
which the forfeiture order applies, and
(c) he gives written notice to the relevant officer of the matters
referred to in paragraphs (a) and (b) before the end of the period
of 6 months beginning with the making of the forfeiture order.
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(2) Sub-paragraph (3) shall apply to —
(a) the property in relation to which the insolvency practitioner
would, but for the forfeiture order, exercise a function as
described in sub-paragraph (1)(b), and
(b) the proceeds of sale of that property.
(3) The property —
(a) shall cease to be subject to the forfeiture order and any ancillary
order, and
(b) shall be dealt with in the insolvency proceedings as if the
forfeiture order had never been made.
(4) But —
(a) the property to which sub-paragraph (3) applies is the balance
remaining after the relevant officer has exercised his powers
under paragraph 20(1), and
(b) sub-paragraph (3) shall not take effect in respect of property in
relation to which the relevant officer, or any person acting in
pursuance of an ancillary order, has incurred obligations until
those obligations have been discharged.
(5) In this paragraph “the commencement of an insolvency” means —
(a) the making of an adjudication of bankruptcy under the Bankruptcy
Code 1892,
(b) in the case of the insolvent estate of a deceased person, the
making of an insolvency administration order, or
(c) in the case of a company —
(i) the passing of a resolution for its winding up, or
(ii) if no such resolution has been passed, the making of an
order by the court for the winding up of the company.
18. (1) Where by virtue of paragraph 17(3) property falls to be dealt with in
insolvency proceedings, the Treasury shall be taken to be a creditor in those
proceedings to the amount or value of the property.
(2) That debt —
(a) shall rank after the debts of all other creditors, and
(b) shall not be paid until they have been paid in full with interest
under the relevant provision.
(3) In sub-paragraph (2)(b) the “relevant provision” means —
(a) in relation to a bankruptcy, section 23(4) of the Bankruptcy Code
1892,
(b) any enactment having corresponding effect in relation to the
winding up of a company.
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(4) Sub-paragraphs (2) to (3) apply notwithstanding any provision contained
in or made under any other enactment.
19. (1) This paragraph applies to property which ceased to be subject to a
forfeiture order by virtue of paragraph 17(3) in consequence of the making of an
adjudication of bankruptcy.
(2) The property shall again become subject to the forfeiture order and, if
applicable, any ancillary order if the adjudication of bankruptcy is annulled.
(3) Where the property is money or has been converted into money —
(a) the relevant court shall make an order specifying property
comprised in the estate of the bankrupt to the amount or value of
the property, and
(b) the specified property shall become subject to the forfeiture order,
and any applicable ancillary order, in place of the property.
(4) In sub-paragraph (3) the “relevant court” means the court which ordered
the annulment of the bankruptcy.
Expenses incurred in connection with forfeiture
20. (1) Where money or other property falls to be dealt with in accordance with
paragraph 17(3), the relevant officer may —
(a) deduct allowable forfeiture expenses from that money;
(b) retain so much of that property as he considers necessary for the
purpose of realising it and deducting allowable forfeiture
expenses from the proceeds of realisation.
(2) Where property is delivered up in pursuance of paragraph 17(3) and the
relevant officer has not made provision under sub-paragraph (1) for all the allowable
forfeiture expenses then —
(a) a person who has incurred allowable forfeiture expenses for
which provision has not been made shall have a claim to their
value in the insolvency proceedings, and
(b) the expenses in question shall be treated for the purposes of the
insolvency proceedings as if they were expenses of those
proceedings.
(3) In this paragraph “allowable forfeiture expenses” —
(a) means expenses incurred in relation to the forfeited property by
the relevant officer,
(b) means expenses incurred in relation to the forfeited property by a
receiver, and administrator or other person appointed by the
relevant officer,
(c) includes sums paid or required to be paid under
paragraph 2(1)(d).
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Protection of insolvency practitioners
21. (1) This paragraph applies where an insolvency practitioner seizes or
disposes of property which is subject to a forfeiture order or a restraint order and —
(a) he reasonably believes that he is entitled to do so in the exercise of
his functions, and
(b) he would be so entitled if the property were not subject to a
forfeiture order or a restraint order.
(2) The insolvency practitioner shall not be liable to any person in respect of
any loss or damage resulting from the seizure or disposal except in so far as the loss or
damage is caused by his negligence.
(3) The insolvency practitioner shall have a lien on the property seized or
the proceeds of its sale —
(a) for such of his expenses as were incurred in connection with the
insolvency proceedings in relation to which the seizure or
disposal purported to take place, and
(b) for so much of his remuneration as may be reasonably assigned
for his acting in connection with those proceedings.
(4) Sub-paragraphs (1) to (3) are without prejudice to the generality of any
provision contained in the Bankruptcy Acts 1892 to 1988 or in the Companies Acts 1931
to 2006.215
Insolvency practitioners outside the Island216
22. (1) The Department may by order secure that a British Islands or external
insolvency practitioner has the same rights under this Part in relation to property
situated in the Island as he would have if he were an insolvency practitioner in the
Island.
(2) An order under this paragraph may include —
(a) provision which modifies the rights under this Part which are to
be conferred under the order;
(b) provision as to the manner in which the rights conferred under
the order are to be exercised;
(c) provision as to the conditions subject to which those rights are to
be exercised, including the obtaining of leave from a court;
(d) provision for empowering a court granting such leave to impose
such conditions as it thinks fit.
(3) In this paragraph —
“British Islands or external insolvency practitioner” means a person exercising
under the insolvency law of a country or territory outside the Island
functions corresponding to those exercised by insolvency practitioners
under the insolvency law of the Island.217
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“relevant country or territory” [Repealed]218
Interpretation
23. (1) In this Part, “insolvency practitioner
” means a person acting in any
qualifying insolvency proceedings in the Island as —
(a) a liquidator of a company or partnership,
(b) a trustee in bankruptcy,
(c) an administrator of the insolvent estate of a deceased person, or
(d) a receiver or manager of any property.
(2) In this Part, “qualifying insolvency proceedings
” means —
(a) any proceedings under the Companies Act 1931 for the winding up
of a company or an unregistered company and includes any
voluntary winding up of a company under Part V of that Act,
(b) any proceedings in the Island for the winding up of an insolvent
partnership,
(c) any proceedings in bankruptcy, or
(d) any proceedings in relation to the insolvent estate of a deceased
person.
(3) In this Part, “the relevant officer
” means where the forfeiture order in
question is made by a court in the Island, the Chief Registrar and in any other case
means a person appointed by the court.
(4) In this Part, references to the proceeds of sale or realisation of property
are references to the proceeds after deduction of the costs of sale or realisation.
(5) In this Part, “company
” includes a limited liability company and any
reference to the provisions of to the Companies Acts 1931 to 2006 include references to
the corresponding provisions of the Limited Liability Companies Act 1996.219
SCHEDULE 2A
220
OFFENCES WHERE TERRORIST CONNECTION TO BE
CONSIDERED
Sections 16A, 18C, 72B and 72C
[P2008/28/Sch 2]
1. An offence under any of the following sections of the Criminal Code 1872 —
(a) section 18 (murder);
(b) section 19 (soliciting murder);
(c) section 20 (manslaughter)
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(d) section 38 (maliciously administering poison etc so as to endanger
life or inflict grievous bodily harm);
(e) section 43 (causing bodily injury by explosives);
(f) section 44 (using explosives etc with intent to do grievous bodily
harm);
(g) section 45 (placing explosives with intent to do bodily injury);
(h) sections 60B, 60C and 60D (detention, kidnapping and hostage-
taking);
(i) section 136 (making or having gunpowder etc with intent to
commit or enable any person to commit any felony against the
Act).
2. An offence under any of the following sections 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 having possession of explosives under
suspicious circumstances);
(d) section 5 (accessories).
3. 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) (of
Parliament).
4. An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking)
(of Parliament).
5. An offence under any of the following sections of the Aviation Security Act 1982
(of Parliament) —
(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 Island).
6. An offence under any of the following sections of the Nuclear Material
(Offences) Act 1983 (of Parliament) —
(a) section 1B (offences relating to damage to the environment);
(b) section 1C (offences of importing or exporting etc nuclear
materials: extended jurisdiction);
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(c) section 2 (offences involving preparatory acts and threats), so far
as relating to an offence specified in this Schedule.
7. An offence under section 1 (endangering safety at aerodromes) of the Aviation
and Maritime Security Act 1990 (of Parliament).
8. An offence under any of the following sections of the Maritime Security Act
1995 —
(a) section 1 (hijacking of ships);
(b) section 2 (seizing or exercising control of fixed platforms);
(c) section 3 (destroying ships or fixed platforms or endangering their
safety);
(d) section 6(4) (inducing or assisting the commission of an offence
outside the Island), so far as relating to an offence under section 1
or 3 of that Act.
9. An offence under any of the following sections of the Chemical Weapons Act
1996 (of Parliament) —
(a) section 2 (use etc of chemical weapons);
(b) section 11 (premises or equipment for producing chemical
weapons).
10. In this Schedule, a reference to an Act of Parliament, or a provision of an Act of
Parliament, is a reference to that Act, or a provision of that Act, as it has effect in the
Island.
SCHEDULE 3
FORFEITURE OF TERRORIST CASH
Section 17
[P2001/24/1 and Sch.1]
PART 1 – INTRODUCTORY
Terrorist cash
1. (1) This Schedule applies to cash (“terrorist cash”) which —
(a) is intended to be used for the purposes of terrorism,
(b) consists of resources of an organisation which is a proscribed
organisation, or
(c) is property earmarked as terrorist property.
(2) “Cash
” means —
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(a) coins and notes in any currency,
(b) postal orders,
(c) cheques of any kind, including travellers’ cheques,
(d) bankers’ drafts,
(e) bearer bonds and bearer shares,
found at any place in the Island.
(3) Cash also includes any kind of monetary instrument which is found at
any place in the Island, if the instrument is specified by the Treasury by order.
(4) The powers conferred by this Schedule are exercisable in relation to any
cash whether or not any proceedings have been brought for an offence in connection
with the cash.
PART 2 – SEIZURE AND DETENTION
Seizure of cash
2. (1) An authorised officer may seize any cash if he has reasonable grounds
for suspecting that it is terrorist cash.
(2) An authorised officer may also seize cash part of which he has
reasonable grounds for suspecting to be terrorist cash if it is not reasonably practicable
to seize only that part.
Detention of seized cash
3. (1) While the authorised officer continues to have reasonable grounds for his
suspicion, cash seized under this Schedule may be detained initially for a period of 48
hours.
(1A) In determining the period of 48 hours specified in sub-paragraph (1)
there shall be disregarded —
(a) any Saturday or Sunday;
(b) Christmas Day;
(c) Good Friday;
(d) any day that is a bank holiday under the Bank Holidays Act 1989.221
(2) The period for which the cash or any part of it may be detained may be
extended by an order made by the High Bailiff; but the order may not authorise the
detention of any of the cash —
(a) beyond the end of the period of 3 months beginning with the date
of the order,
(b) in the case of any further order under this paragraph, beyond the
end of the period of 2 years beginning with the date of the first
order.
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(3) An order under sub-paragraph (2) must provide for notice to be given to
persons affected by it.
(4) An application for an order under sub-paragraph (2) may be made by the
Treasury or an authorised officer, and the High Bailiff may make the order if satisfied,
in relation to any cash to be further detained, that one of the following conditions is
met.
(5) The first condition is that there are reasonable grounds for suspecting
that the cash is intended to be used for the purposes of terrorism and that either —
(a) its continued detention is justified while its intended use is further
investigated or consideration is given to bringing (in the Island or
elsewhere) proceedings against any person for an offence with
which the cash is connected, or
(b) proceedings against any person for an offence with which the
cash is connected have been started and have not been concluded.
(6) The second condition is that there are reasonable grounds for suspecting
that the cash consists of resources of a proscribed organisation and that either —
(a) its continued detention is justified while investigation is made
into whether or not it consists of such resources or consideration
is given to bringing (in the Island or elsewhere) proceedings
against any person for an offence with which the cash is
connected, or
(b) proceedings against any person for an offence with which the
cash is connected have been started and have not been concluded.
(7) The third condition is that there are reasonable grounds for suspecting
that the cash is property earmarked as terrorist property and that either —
(a) its continued detention is justified while its derivation is further
investigated or consideration is given to bringing (in the Island or
elsewhere) proceedings against any person for an offence with
which the cash is connected, or
(b) proceedings against any person for an offence with which the
cash is connected have been started and have not been concluded.
Payment of detained cash into an account
4. (1) If cash is detained under this Schedule for more than 48 hours
(determined in accordance with paragraph 3(1A)), it is to be held in an interest-bearing
account and the interest accruing on it is to be added to it on its forfeiture or release.222
(2) In the case of cash seized under paragraph 2(2), the authorised officer
must, on paying it into the account, release so much of the cash then held in the
account as is not attributable to terrorist cash.
(3) Sub-paragraph (1) does not apply if the cash is required as evidence of an
offence or evidence in proceedings under this Schedule.
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Release of detained cash
5. (1) This paragraph applies while any cash is detained under this Schedule.
(2) The High Bailiff may direct the release of the whole or any part of the
cash if satisfied, on an application by the person from whom it was seized, that the
conditions in paragraph 3 for the detention of cash are no longer met in relation to the
cash to be released.
(3) An authorised officer may, after notifying the High Bailiff, release the
whole or any part of the cash if satisfied that the detention of the cash to be released is
no longer justified.
(4) But cash is not to be released —
(a) if an application is made for its forfeiture under paragraph 6, or
for its release under paragraph 9, until any proceedings in
pursuance of the application (including any proceedings on
appeal) are concluded,
(b) if (in the Island or elsewhere) proceedings are started against any
person for an offence with which the cash is connected, until those
proceedings are concluded.
PART 3 – FORFEITURE
Forfeiture
6. (1) While cash is detained under this Schedule, an application for the
forfeiture of the whole or any part of it may be made to the High Bailiff by the Treasury
or an authorised officer.
(2) The High Bailiff may order the forfeiture of the cash or any part of it if
satisfied that the cash or part is terrorist cash.
(3) In the case of property earmarked as terrorist property which belongs to
joint tenants one of whom is an excepted joint owner, the order may not apply to so
much of it as the High Bailiff thinks is attributable to the excepted joint owner’s share.
(4) An excepted joint owner is a joint tenant who obtained the property in
circumstances in which it would not (as against him) be earmarked; and references to
his share of the earmarked property are to so much of the property as would have been
his if the joint tenancy had been severed.
Appeal against decision in forfeiture proceedings223
7. (1) A party to proceedings for an order under paragraph 6 (“a forfeiture
order”) who is aggrieved by a forfeiture order made in the proceedings or by the
decision of the court not to make a forfeiture order may appeal to the High Court.
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(2) The appeal must be brought before the end of the period of 30 days
beginning with the date on which the order is made or, as the case may be, the decision
is given.
This is subject to paragraph 7A (extended time for appealing in certain cases of
deproscription).
(3) The High Court may make any order that appears to it to be appropriate.
(4) If an appeal against a forfeiture order is upheld, the High Court may
order the release of the cash.224
Extended time for appealing in certain cases where deproscription order made225
7A. (1) This paragraph applies where —
(a) a successful application for a forfeiture order relies (wholly or
partly) on the fact that an organisation is proscribed;
(b) an application under section 4 of the UK Act for a deproscription
order in respect of the organisation is refused by the Secretary of
State;
(c) the forfeited cash is seized under this Schedule on or after the date
of the refusal of that application;
(d) an appeal against that refusal is allowed under section 5 of that
Act;
(e) a deproscription order is made accordingly; and
(f) if the order is made in reliance on section 123(5) of that Act, a
resolution is passed by each House of Parliament under
section 123(5)(b).
(2) Where this paragraph applies, an appeal under paragraph 7 against the
forfeiture order may be brought at any time before the end of the period of 30 days
beginning with the date on which the deproscription order comes into force.
(3) In this paragraph a “deproscription order” means an order under
section 3(3)(b) or (8) of the UK Act.226
Application of forfeited cash
8. Cash forfeited under this Schedule, and any accrued interest on it is to be paid
into the General Revenue of the Island but it is not to be paid in —
(a) before the end of the period within which an appeal under
paragraph 7 may be made, or
(b) if a person appeals under that paragraph, before the appeal is
determined or otherwise disposed of.
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PART 4 – MISCELLANEOUS
Victims
9. (1) A person who claims that any cash detained under this Schedule, or any
part of it, belongs to him may apply to High Bailiff for the cash or part to be released to
him.
(2) The application may be made in the course of proceedings under
paragraph 3 or 6 or at any other time.
(3) If it appears to the High Bailiff that —
(a) the applicant was deprived of the cash claimed, or of property
which it represents, by criminal conduct,
(b) the property he was deprived of was not, immediately before he
was deprived of it, property obtained by or in return for criminal
conduct and nor did it then represent such property, and
(c) the cash claimed belongs to him,
the High Bailiff must order the cash to be released to the applicant.
Compensation
10. (1) If no forfeiture order is made in respect of any cash detained under this
Schedule, the person to whom the cash belongs or from whom it was seized may make
an application to the High Bailiff for compensation.
(2) If, for any period after the initial detention of the cash for 48 hours
(determined in accordance with paragraph 3(1A)), the cash was not held in an interest-
bearing account while detained, the High Bailiff may order an amount of
compensation to be paid to the applicant.227
(3) The amount of compensation to be paid under sub-paragraph (2) is the
amount the High Bailiff thinks would have been earned in interest in the period in
question if the cash had been held in an interest-bearing account.
(4) If the High Bailiff is satisfied that, taking account of any interest to be
paid under this Schedule or any amount to be paid under sub-paragraph (2), the
applicant has suffered loss as a result of the detention of the cash and that the
circumstances are exceptional, the High Bailiff may order compensation (or additional
compensation) to be paid to him.
(5) The amount of compensation to be paid under sub-paragraph (4) is the
amount the High Bailiff thinks reasonable, having regard to the loss suffered and any
other relevant circumstances.
(6) The compensation is to be paid by the Treasury out of the General
Revenue of the Island.
(7) If a forfeiture order is made in respect only of a part of any cash detained
under this Schedule, this paragraph has effect in relation to the other part.
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(8) This paragraph does not apply if the High Bailiff makes an order under
paragraph 9.
PART 5 – PROPERTY EARMARKED AS TERRORIST PROPERTY
Property obtained through terrorism
11. (1) A person obtains property through terrorism if he obtains property by or
in return for acts of terrorism, or acts carried out for the purposes of terrorism.
(2) In deciding whether any property was obtained through terrorism —
(a) it is immaterial whether or not any money, goods or services were
provided in order to put the person in question in a position to
carry out the acts,
(b) it is not necessary to show that the act was of a particular kind if it
is shown that the property was obtained through acts of one of a
number of kinds, each of which would have been an act of
terrorism, or an act carried out for the purposes of terrorism.
Property earmarked as terrorist property
12. (1) Property obtained through terrorism is earmarked as terrorist property.
(2) But if property obtained through terrorism has been disposed of (since it
was so obtained), it is earmarked as terrorist property only if it is held by a person into
whose hands it may be followed.
(3) Earmarked property may be followed into the hands of a person
obtaining it on a disposal by —
(a) the person who obtained the property through terrorism, or
(b) a person into whose hands it may (by virtue of this sub-
paragraph) be followed.
Tracing property
13. (1) Where property obtained through terrorism (“the original property”) is
or has been earmarked as terrorist property, property which represents the original
property is also earmarked.
(2) If a person enters into a transaction by which —
(a) he disposes of the earmarked property, whether the original
property or property which (by virtue of this Part) represents the
original property, and
(b) he obtains other property in place of it,
the other property represents the original property.
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(3) If a person disposes of earmarked property which represents the original
property, the property may be followed into the hands of the person who obtains it
(and it continues to represent the original property).
Mixing property
14. (1) Sub-paragraph (2) applies if a person’s property which is earmarked as
terrorist property is mixed with other property (whether his property or another’s).
(2) The portion of the mixed property which is attributable to the property
earmarked as terrorist property represents the property obtained through terrorism.
(3) Property earmarked as terrorist property is mixed with other property if
(for example) it is used —
(a) to increase funds held in a bank account,
(b) in part payment for the acquisition of an asset,
(c) for the restoration or improvement of land,
(d) by a person holding a leasehold interest in the property to acquire
the freehold.
Accruing profits
15. (1) This paragraph applies where a person who has property earmarked as
terrorist property obtains further property consisting of profits accruing in respect of
the earmarked property.
(2) The further property is to be treated as representing the property
obtained through terrorism.
General exceptions
16. (1) If —
(a) a person disposes of property earmarked as terrorist
property, and
(b) the person who obtains it on the disposal does so in good faith,
for value and without notice that it was earmarked,
the property may not be followed into that person’s hands and, accordingly, it ceases
to be earmarked.
(2) If —
(a) in pursuance of a judgment in civil proceedings (whether in the
Island or elsewhere), the defendant makes a payment to the
claimant or the claimant otherwise obtains property from the
defendant,
(b) the claimant’s claim is based on the defendant’s criminal
conduct, and
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(c) apart from this sub-paragraph, the sum received, or the property
obtained, by the claimant would be earmarked as terrorist
property,
the property ceases to be earmarked.
(3) If —
(a) a payment is made to a person in pursuance of a compensation
order under Schedule 6 to the Criminal Law Act 1981, and
(b) apart from this sub-paragraph, the sum received would be
earmarked as terrorist property,
the property ceases to be earmarked.
(4) If —
(a) a payment is made to a person in pursuance of a restitution order
under section 30 of the Theft Act 1981 or a person otherwise
obtains any property in pursuance of such an order, and
(b) apart from this sub-paragraph, the sum received, or the property
obtained, would be earmarked as terrorist property,
the property ceases to be earmarked.
(5) If —
(a) in pursuance of an order made by the court under section 20(4) of
the Financial Services Act 2008, an amount is paid to or distributed
among any persons in accordance with the court’s directions,
and228
(b) apart from this sub-paragraph, the sum received by them would
be earmarked as terrorist property,
the property ceases to be earmarked.
(6) If —
(a) in pursuance of an order made by the court under section 39(3) of
the Insurance Act 2008 (restitution orders), an amount is paid to or
distributed among any persons in accordance with the court’s
directions, and229
(b) apart from this sub-paragraph, the sum received by them would
be earmarked as terrorist property,
the property ceases to be earmarked.
(7) Where —
(a) a person enters into a transaction to which paragraph 13(2)
applies, and
(b) the disposal is one to which sub-paragraph (1) applies,
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this paragraph does not affect the question whether (by virtue of
paragraph 13(2)) any property obtained on the transaction in place of the
property disposed of is earmarked.
PART 6 – INTERPRETATION
Property
17. (1) Property is all property wherever situated and includes —
(a) money,
(b) all forms of property, real or personal, heritable or moveable,
(c) things in action and other intangible or incorporeal property.
(2) Any reference to a person’s property (whether expressed as a reference
to the property he holds or otherwise) is to be read as follows.
(3) In relation to land, it is a reference to any interest which he holds in the
land.
(4) In relation to property other than land, it is a reference —
(a) to the property (if it belongs to him), or
(b) to any other interest which he holds in the property.
Obtaining and disposing of property
18. (1) References to a person disposing of his property include a reference —
(a) to his disposing of a part of it, or
(b) to his granting an interest in it, (or to both);
and references to the property disposed of are to any property obtained on the
disposal.
(2) If a person grants an interest in property of his which is earmarked as
terrorist property, the question whether the interest is also earmarked is to be
determined in the same manner as it is on any other disposal of earmarked property.
(3) A person who makes a payment to another is to be treated as making a
disposal of his property to the other, whatever form the payment takes.
(4) Where a person’s property passes to another under a will or intestacy or
by operation of law, it is to be treated as disposed of by him to the other.
(5) A person is only to be treated as having obtained his property for value
in a case where he gave unexecuted consideration if the consideration has become
executed consideration.
General interpretation
19. (1) In this Schedule —
Schedule 3
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“authorised officer
” means a constable, a customs officer, an immigration
officer or a person authorised by the Attorney General,
“cash
” has the meaning given by paragraph 1,
“criminal conduct
” means conduct which constitutes an offence in the Island,
or would constitute an offence in the Island if it occurred there,
“forfeiture order
” has the meaning given by paragraph 7,
“interest
”, in relation to land, means any legal estate and any equitable interest
or power,
“interest
”, in relation to property other than land, includes any right (including
a right to possession of the property),
“part
”, in relation to property, includes a portion,
“property obtained through terrorism”
has the meaning given by paragraph
11,
“property earmarked as terrorist property
” is to be read in accordance with
Part 5,
“terrorist cash
” has the meaning given by paragraph 1,
“value
” means market value.
(2) Paragraphs 17 and 18 and the following provisions apply for the
purposes of this Schedule.
(3) For the purpose of deciding whether or not property was earmarked as
terrorist property at any time (including times before commencement), it is to be
assumed that this Schedule was in force at that and any other relevant time.
(4) References to anything done or intended to be done for the purposes of
terrorism include anything done or intended to be done for the benefit of a proscribed
organisation.
(5) An organisation’s resources include any cash which is applied or made
available, or is to be applied or made available, for use by the organisation.
(6) Proceedings against any person for an offence are concluded when —
(a) the person is convicted or acquitted,
(b) the prosecution is discontinued, or
(c) the jury is discharged without a finding.
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SCHEDULE 4
ACCOUNT MONITORING ORDERS
[P2000/11/Sch.6A]
Section 18
Introduction
1. (1) In this Schedule —
“the court
” is the High Court;
“an appropriate officer
” is a police officer or a person authorised in writing by
the Attorney General;
“financial institution
” means —
(a) a person who carries on the regulated activity of deposit taking
under the Financial Services Act 2008;230
(b) a building society within the meaning of the Industrial and
Building Societies Act 1892;
(c) a credit union within the meaning of the Credit Unions Act 1993;
(d) a person who carries on the regulated activity of investment
business or services to collective investment schemes under the
Financial Services Act 2008;231
(e) the National Savings Bank;
(f) a person who carries out any activity for the purpose of raising
money authorised to be raised under the Isle of Man Loans Act 1974
or the National Loans Act 1968 (an Act of Parliament)) under the
auspices of the Director of Savings;232
(g) a European institution carrying on a home-regulated activity
within the meaning of the Second Council on the coordination of
laws, regulations and administrative provisions relating to the
taking up and pursuit of the business of credit institutions;
(h) a person carrying out an activity specified in any of points 1 to 12
and 14 of the Annex to that Directive, ignoring an activity
described in any of sub-paragraphs (a) to (g) above;
(i) insurance business within the meaning of the Insurance Act
2008;233
(j) any person who, in the course of a business, holds or manages
any assets belonging to a client.234
(2) The Treasury may by order amend sub-paragraph (1).
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Account monitoring orders
2. (1) A judge of the High Court may, on an application made to him by an
appropriate officer, make an account monitoring order if he is satisfied that —
(a) the order is sought for the purposes of a terrorist investigation,
(b) the tracing of terrorist property is desirable for the purposes of the
investigation, and
(c) the order will enhance the effectiveness of the investigation.235
(2) The application for an account monitoring order must state that the order
is sought against the financial institution specified in the application in relation to
information which —
(a) relates to an account or accounts held at the institution by the
person specified in the application (whether solely or jointly with
another), and
(b) is of the description so specified.
(3) The application for an account monitoring order may specify information
relating to —
(a) all accounts held by the person specified in the application for the
order at the financial institution so specified,
(b) a particular description, or particular descriptions, of accounts so
held, or
(c) a particular account, or particular accounts, so held.
(4) An account monitoring order is an order that the financial institution
specified in the application for the order must —
(a) for the period specified in the order,
(b) in the manner so specified,
(c) at or by the time or times so specified, and
(d) at the place or places so specified,
provide information of the description specified in the application to an appropriate
officer.
(5) The period stated in an account monitoring order must not exceed the
period of 90 days beginning with the day on which the order is made.
Applications
3. (1) An application for an account monitoring order may be made ex parte to
a judge of the High Court in private.236
(2) The description of information specified in an application for an account
monitoring order may be varied by the person who made the application.
Anti-Terrorism and Crime Act 2003 Schedule 4
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(3) The description of information specified in the application may be varied
by any appropriate officer.
Discharge or variation
4. (1) An application to discharge or vary an account monitoring order may be
made to the court by —
(a) any appropriate officer;
(b) any person affected by the order.
(2) The court —
(a) may discharge the order;
(b) may vary the order.
Rules of court
5. Rules of court may make provision as to the practice and procedure to be
followed in connection with proceedings relating to account monitoring orders.
Effect of orders
6. (1) An account monitoring order has effect as if it were an order of the High
Court.
(2) An account monitoring order has effect in spite of any restriction on the
disclosure of information (however imposed).
Statements
7. (1) A statement made by a financial institution in response to an account
monitoring order may not be used in evidence against it in criminal proceedings.
(2) But sub-paragraph (1) does not apply —
(a) in the case of proceedings for contempt of court;
(b) in the case of proceedings under section 16, 16A or 16B where the
financial institution has been convicted of an offence to which
section 16, 16A or 16B (as appropriate) applies;237
(c) on a prosecution for an offence where, in giving evidence, the
financial institution makes a statement inconsistent with the
statement mentioned in sub-paragraph (1).
(3) A statement may not be used by virtue of sub-paragraph (2)(c) against a
financial institution unless —
(a) evidence relating to is adduced, or
(b) a question relating to it is asked,
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by or on behalf of the financial institution in the proceedings arising out of the
prosecution.
SCHEDULE 4A
238
TRAVEL RESTRICTION ORDERS
[P2008/28/Sch 5]
Section 18U
Introductory
1. A travel restriction order is an order prohibiting the person to whom it applies
from doing whichever of the following is specified in the order —
(a) travelling to a country outside the Island named or described in
the order;
(b) travelling to any country outside the Island other than a country
named or described in the order;
(c) travelling to any country outside the Island.
Conditions for making a travel restriction order
2. (1) The conditions for making a travel restriction order in respect of a person
are as follows.
(2) The first condition is that the notification requirements apply to the
person.
(3) The second condition is that the person’s behaviour since the person was
dealt with for the offence by virtue of which those requirements apply makes it
necessary for a travel restriction order to be made to prevent the person from taking
part in terrorism activity outside the Island.
(4) If the person was dealt with for the offence before the commencement of
this Part, the condition in sub-paragraph (3) is not met unless the person has acted in
that way since the commencement of this Part.
(5) If on an application for a travel restriction order the court is satisfied that
the conditions in sub-paragraphs (2) and (3) are met, it may make a travel restriction
order.
Application for travel restriction order
3. (1) An application for a travel restriction order in respect of a person may be
made only by the Chief Constable.
(2) The application must be made by complaint to a court of summary
jurisdiction.
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Provisions of a travel restriction order
4. (1) A travel restriction order may prohibit the person to whom it applies —
(a) from travelling to any country outside the Island named or
described in the order; or
(b) from travelling to any country outside the Island other than a
country named or described in the order; or
(c) from travelling to any country outside the Island.
(2) The order may impose only such prohibitions as are necessary for the
purpose of preventing the person from taking part in terrorism activity outside the
Island.
(3) A travel restriction order containing a prohibition within sub-
paragraph (1)(c) must require the person to whom it applies to surrender all that
person’s passports, at a police station specified in the order —
(a) on or before the date when the prohibition takes effect; or
(b) within a period specified in the order.
(4) Any passports surrendered must be returned as soon as reasonably
practicable after the person ceases to be subject to a travel restriction order containing
such a prohibition.
(5) In this Schedule “passport
” means —
(a) a United Kingdom passport within the meaning of the
Immigration Act 1971, of Parliament (as that Act has effect in the
Island); or
(b) a passport issued by or on behalf of the authorities of a country
outside the United Kingdom or by or on behalf of an international
organisation,
and includes any document that can be used (in some or all circumstances) instead of a
passport.
Duration of travel restriction order
5. (1) A travel restriction order has effect for a fixed period of not more than 6
months.
(2) The period must be specified in the order.
(3) A travel restriction order ceases to have effect if a court (whether the
same or another court) makes another travel restriction order in relation to the person
to whom the earlier order applies.
Variation, renewal or discharge of order
6. (1) An application for an order varying, renewing or discharging a travel
restriction order may be made by —
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(a) the person subject to the order; or
(b) the Chief Constable.
(2) The application must be made by complaint to a court of summary
jurisdiction.
(3) On an application under this paragraph the court may make such order
varying, renewing or discharging the travel restriction order as it considers
appropriate.
(4) Before doing so it must hear the person making the application and (if he
or she wishes to be heard) the other person mentioned in subparagraph (1).
Provisions of renewed or varied order
7. (1) A travel restriction order may be renewed, or varied so as to impose
additional prohibitions, but only if it is necessary to do so for the purpose of
preventing the person subject to the order from taking part in terrorism activities
outside the Island.
(2) Any renewed or varied order may contain only the prohibitions
necessary for that purpose.
Appeals
8. (1) A person against whom a travel restriction order is made may appeal
against the making of the order.
(2) A person subject to a travel restriction order may appeal against —
(a) an order under paragraph 6 varying or renewing the order; or
(b) a refusal to make an order under that paragraph varying or
discharging the order.
(3) The appeal lies to the High Court.
(4) On an appeal under this paragraph the court may make —
(a) such orders as it considers necessary to give effect to its
determination of the appeal; and
(b) such incidental and consequential orders as appear to it to be just.
Breach of travel restriction order an offence
9. (1) A person commits a offence who, without reasonable excuse —
(a) does anything he or she is prohibited from doing by a travel
restriction order; or
(b) fails to comply with a requirement imposed on him or her by such
an order.
(2) A person guilty of an offence under this paragraph is liable —
Anti-Terrorism and Crime Act 2003 Schedule 5
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(a) on summary conviction, to custody for not more than 12 months,
a fine not exceeding £5,000, or both;
(b) on conviction on information, to custody for not more than 5
years, a fine, or both.
(3) Where a person is convicted of an offence under this paragraph, it is not
open to the court by or before which the person is convicted to make an order for
conditional discharge in respect of the offence.
Meaning of “terrorism activity”
10. In this Schedule “terrorism activity
” means anything that —
(a) if done in the Island, would constitute an offence to which this
Part applies by virtue of section 18B; or
(b) is, or takes place in the course of, an act of terrorism or is for the
purposes of terrorism.
SCHEDULE 5
TERRORIST INVESTIGATIONS: INFORMATION OR
EVIDENCE
239
Section 24
PART I – SEARCHES
1. (1) A constable may apply to a justice of the peace for the issue of a warrant
under this paragraph for the purposes of a terrorist investigation.
(2) A warrant under this paragraph shall authorise any constable —
(a) to enter premises mentioned in sub-paragraph (2A),240
(b) to search the premises and any person found there, and
(c) to seize and retain any relevant material which is found on a
search under paragraph (b).
(2A) The premises referred to in sub-paragraph (2)(a) are —
(a) one or more sets of premises specified in the application (in which
case the application is for a “specified premises warrant”); or
(b) any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).241
(3) For the purpose of sub-paragraph (2)(c) material is relevant if the
constable has reasonable grounds for believing that —
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(a) it is likely to be of substantial value, whether by itself or together
with other material, to a terrorist investigation, and
(b) it must be seized in order to prevent it from being concealed, lost,
damaged, altered or destroyed.
(4) A warrant under this paragraph shall not authorise —
(a) the seizure and retention of items subject to legal privilege, or
(b) a constable to require a person to remove any clothing in public
except for headgear, footwear, an outer coat, a jacket or gloves.
(5) Subject to paragraph 2, a justice may grant an application under this
paragraph if satisfied —
(a) that the warrant is sought for the purposes of a terrorist
investigation,
(b) that there are reasonable grounds for believing that there is
material on premises to which the application relates which is
likely to be of substantial value, whether by itself or together with
other material, to a terrorist investigation and which does not
consist of or include excepted material (within the meaning of
paragraph 4),242
(c) that the issue of a warrant is likely to be necessary in the
circumstances of the case, and
(d) in the case of an application for an all premises warrant, that it is
not reasonably practicable to specify in the application all the
premises which the person so specified occupies or controls and
which might need to be searched.243
2. (1) This paragraph applies where an application for a specific premises
warrant is made under paragraph 1 and —
(a) the application is made by a police officer of at least the rank of
chief inspector,
(b) the application does not relate to residential premises, and
(c) the justice to whom the application is made is not satisfied of the
matter referred to in paragraph 1(5)(c).244
(2) The justice may grant the application if satisfied of the matters referred
to in paragraph 1(5)(a) and (b).
(3) Where a warrant under paragraph 1 is issued by virtue of this paragraph,
the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of 24
hours beginning with the time when the warrant is issued.
(4) For the purpose of sub-paragraph (1) “residential premises” means any
premises which the officer making the application has reasonable grounds for
believing are used wholly or mainly as a dwelling.
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2A. (1) This paragraph applies where an application for an all premises warrant
is made under paragraph 1 and —
(a) the application is made by a police officer of at least the rank of
chief inspector, and
(b) the justice to whom the application is made is not satisfied of the
matter referred to in paragraph 1(5)(c).
(2) The justice may grant the application if satisfied of the matters referred
to in paragraph 1(5)(a), (b) and (d).
(3) Where a warrant under paragraph 1 is issued by virtue of this paragraph,
the powers under paragraph 1(2)(a) and (b) are exercisable only —
(a) in respect of premises which are not residential premises; and
(b) within the period of 24 hours beginning with the time when the
warrant is issued.
(4) For the purpose of sub-paragraph (3) “residential premises”, in relation
to a power under paragraph 1(2)(a) or (b), means any premises which the constable
exercising the power has reasonable grounds for believing are used wholly or mainly
as a dwelling.245
3. (1) Subject to sub-paragraph (2), a police officer of at least the rank of Chief
Inspector may by a written authority signed by him authorise a search of specified
premises which are wholly or partly within a cordoned area.
(2) A constable who is not of the rank required by sub-paragraph (1) may
give an authorisation under this paragraph if he considers it necessary by reason of
urgency.
(3) An authorisation under this paragraph shall authorise any constable —
(a) to enter the premises specified in the authority,
(b) to search the premises and any person found there, and
(c) to seize and retain any relevant material (within the meaning of
paragraph 1(3)) which is found on a search under paragraph (b).
(4) The powers under sub-paragraph (3)(a) and (b) may be exercised —
(a) on one or more occasions, and
(b) at any time during the period when the designation of the
cordoned area under section 20 has effect.
(5) An authorisation under this paragraph shall not authorise —
(a) the seizure and retention of items subject to legal privilege, or
(b) a constable to require a person to remove any clothing in public
except for headgear, footwear, an outer coat, a jacket or gloves.
(6) An authorisation under this paragraph shall not be given unless the
person giving it has reasonable grounds for believing that there is material to be found
on the premises which —
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(a) is likely to be of substantial value, whether by itself or together
with other material, to a terrorist investigation, and
(b) does not consist of or include excepted material.
(7) A person commits an offence if he intentionally obstructs a search under
this paragraph.
(8) A person guilty of an offence under sub-paragraph (7) shall be liable on
summary conviction to custody for a term not exceeding 3 months, or to a fine not
exceeding £2,500, or to both.
Excepted material
4. In this Part —
(a) “excluded material
” has the meaning given by section 14 of the
Police Powers and Procedures Act 1998,
(b) “items subject to legal privilege
” has the meaning given by
section 13 of that Act, and
(c) “special procedure material
” has the meaning given by section 17
of that Act;
and material is “excepted material
” if it falls within any of paragraphs (a) to (c).
Excluded and special procedure material: production and access
5. (1) A constable may apply to a judge of the High Court for an order under
this paragraph for the purposes of a terrorist investigation.246
(2) An application for an order shall relate to particular material, or
material of a particular description, which consists of or includes excluded
material or special procedure material.
(3) An order under this paragraph may require a specified person —
(a) to produce to a constable within a specified period for seizure and
retention any material which he has in his possession, custody or
power and to which the application relates;
(b) to give a constable access to any material of the kind mentioned in
paragraph (a) within a specified period;
(c) to state to the best of his knowledge and belief the location of
material to which the application relates if it is not in, and it will
not come into, his possession, custody or power within the period
specified under paragraph (a) or (b).
(4) For the purposes of this paragraph —
(a) an order may specify a person only if he appears to the judge of
the High Court to have in his possession, custody or power any of
the material to which the application relates, and247
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(b) a period specified in an order shall be the period of 7 days
beginning with the date of the order unless it appears to the judge
of the High Court that a different period would be appropriate in
the particular circumstances of the application.248
(5) Where a judge of the High Court makes an order under sub-
paragraph (3)(b) in relation to material on any premises, he may, on the application of
a constable, order any person who appears to the judge of the High Court to be entitled
to grant entry to the premises to allow any constable to enter the premises to obtain
access to the material.249
6. (1) A judge of the High Court may grant an application under paragraph 5
if satisfied —
(a) that the material to which the application relates consists of or
includes excluded material or special procedure material,
(b) that it does not include items subject to legal privilege, and
(c) that the conditions in sub-paragraphs (2) and (3) are satisfied in
respect of that material.250
(2) The first condition is that —
(a) the order is sought for the purposes of a terrorist investigation,
and
(b) there are reasonable grounds for believing that the material is
likely to be of substantial value, whether by itself or together with
other material, to a terrorist investigation.
(3) The second condition is that there are reasonable grounds for believing
that it is in the public interest that the material should be produced or that access to it
should be given having regard —
(a) to the benefit likely to accrue to a terrorist investigation if the
material is obtained, and
(b) to the circumstances under which the person concerned has any
of the material in his possession, custody or power.
7. (1) An order under paragraph 5 may be made in relation to —
(a) material consisting of or including excluded or special procedure
material which is expected to come into existence within the
period of 28 days beginning with the date of the order;
(b) a person who the judge of the High Court thinks is likely to have
any of the material to which the application relates in his
possession, custody or power within that period.251
(2) Where an order is made under paragraph 5 by virtue of this paragraph,
paragraph 5(3) shall apply with the following modifications —
(a) the order shall require the specified person to notify a named
constable as soon as is reasonably practicable after any material to
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which the application relates comes into his possession, custody
or power,
(b) the reference in paragraph 5(3)(a) to material which the specified
person has in his possession, custody or power shall be taken as a
reference to the material referred to in paragraph (a) above which
comes into his possession, custody or power, and
(c) the reference in paragraph 5(3)(c) to the specified period shall be
taken as a reference to the period of 28 days beginning with the
date of the order.
(3) Where an order is made under paragraph 5 by virtue of this paragraph,
paragraph 5(4) shall not apply and the order —
(a) may only specify a person falling within sub-paragraph (1)(b),
and
(b) shall specify the period of 7 days beginning with the date of
notification required under sub-paragraph (2)(a) unless it appears
to the judge of the High Court that a different period would be
appropriate in the particular circumstances of the application.252
8. (1) An order under paragraph 5 —
(a) shall not confer any right to production of, or access to, items
subject to legal privilege, and
(b) shall have effect notwithstanding any restriction on the disclosure
of information or evidence imposed by statute or otherwise.253
(2) Where the material to which an application under paragraph 5 relates
consists of information or evidence contained in a computer —
(a) an order under paragraph 5(3)(a) shall have effect as an order to
produce the material in a form in which it can be taken away and
in which it is visible and legible, and
(b) an order under paragraph 5(3)(b) shall have effect as an order to
give access to the material in a form in which it is visible and
legible.254
9. (1) An order of a judge of the High Court under paragraph 5 shall have
effect as if it were an order of the High Court.255
(2) High Court Rules may make provision about proceedings relating to an
order under paragraph 5.
(3) In particular, the rules may make provision about the variation or
discharge of an order.
Excluded or special procedure material: search
10. (1) A constable may apply to a judge of the High Court for the issue of a
warrant under this paragraph for the purposes of a terrorist investigation.256
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(2) A warrant under this paragraph shall authorise any constable —
(a) to enter premises mentioned in sub-paragraph (3A),257
(b) to search the premises and any person found there, and
(c) to seize and retain any relevant material which is found on a
search under paragraph (b).
(3) A warrant under this paragraph shall not authorise —
(a) the seizure and retention of items subject to legal privilege;
(b) a constable to require a person to remove any clothing in public
except for headgear, footwear, an outer coat, a jacket or gloves.
(3A) The premises referred to in sub-paragraph (2)(a) are —
(a) one or more sets of premises specified in the application (in which
case the application is for a “specific premises warrant”); or
(b) any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).258
(4) For the purpose of sub-paragraph (2)(c) material is relevant if the
constable has reasonable grounds for believing that it is likely to be of substantial
value, whether by itself or together with other material, to a terrorist investigation.
11. (1) A judge of the High Court may grant an application for a specific
premises warrant under paragraph 10 if satisfied that an order made under
paragraph 5 in relation to material on the premises specified in the application has not
been complied with.259
(2) A judge of the High Court may also grant an application for a specific
premises warrant under paragraph 10 if satisfied that there are reasonable grounds for
believing that —
(a) there is material on premises specified in the application which
consists of or includes excluded material or special procedure
material but does not include items subject to legal privilege, and
(b) the conditions in sub-paragraphs (3) and (4) are satisfied.260
(2A) A judge of the High Court may grant an application for an all premises
warrant under paragraph 10 if satisfied —
(a) that an order made under paragraph 5 has not been complied
with; and
(b) that the person specified in the application is also specified in the
order.261
(2B) A judge of the High Court may also grant an application for an all
premises warrant under paragraph 10 if satisfied that there are reasonable grounds for
believing —
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(a) that there is material on premises to which the application relates
which consists of or includes excluded material or special
procedure material but does not include items subject to legal
privilege; and
(b) that the conditions in sub-paragraphs (3) and (4) are met.262
(3) The first condition is that —
(a) the warrant is sought for the purposes of a terrorist
investigation, and
(b) the material is likely to be of substantial value, whether by itself
or together with other material, to a terrorist investigation.
(4) The second condition is that it is not appropriate to make an order under
paragraph 5 in relation to the material because —
(a) it is not practicable to communicate with any person entitled to
produce the material,
(b) it is not practicable to communicate with any person entitled to
grant access to the material or entitled to grant entry to premises
to which the application for the warrant relates, or263
(c) a terrorist investigation may be seriously prejudiced unless a
constable can secure immediate access to the material.
Explanations
12. (1) A constable may apply to a judge of the High Court for an order under
this paragraph requiring any person specified in the order to provide an explanation of
any material —
(a) seized in pursuance of a warrant under paragraph 1 or 10, or
(b) produced or made available to a constable under paragraph 5.264
(2) An order under this paragraph shall not require any person to disclose
any information or evidence which he would be entitled to refuse to disclose on
grounds of legal professional privilege in proceedings in the High Court.265
(3) But a lawyer may be required to provide the name and address of his
client.
(4) A statement by a person in response to a requirement imposed by an
order under this paragraph —
(a) may be made orally or in writing, and
(b) may be used in evidence against him only on a prosecution for an
offence under paragraph 13.
(5) Paragraph 9 shall apply to orders under this paragraph as it applies to
orders under paragraph 5.
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13. (1) A person commits an offence if, in purported compliance with an order
under paragraph 12, he —
(a) makes a statement which he knows to be false or misleading in a
material particular, or
(b) recklessly makes a statement which is false or misleading in a
material particular.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable —
(a) on conviction on information, to custody for a term not exceeding
2 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding 12
months, to a fine not exceeding £5,000 or to both.266
Urgent cases
14. (1) A police officer of at least the rank of chief inspector may by a written
order signed by him give to any constable the authority which may be given by a
search warrant under paragraph 1 or 10.
(2) An order shall not be made under this paragraph unless the officer has
reasonable grounds for believing —
(a) that the case is one of great emergency, and
(b) that immediate action is necessary.
(3) Where an order is made under this paragraph particulars of the case
shall be notified as soon as is reasonably practicable to the Chief Minister.
(4) A person commits an offence if he intentionally obstructs a search under
this paragraph.
(5) A person guilty of an offence under sub-paragraph (4) shall be liable on
summary conviction to custody for a term not exceeding 12 months, or a fine not
exceeding £5,000 or to both.267
15. (1) If a police officer of at least the rank of chief inspector has reasonable
grounds for believing that the case is one of great emergency he may by a written
notice signed by him require any person specified in the notice to provide an
explanation of any material seized in pursuance of an order under paragraph 14.
(2) Sub-paragraphs (2) to (4) of paragraph 12 and paragraph 13 shall apply
to a notice under this paragraph as they apply to an order under paragraph 12.
(3) A person commits an offence if he fails to comply with a notice under
this paragraph.
(4) It is a defence for a person charged with an offence under sub-
paragraph (3) to show that he had a reasonable excuse for his failure.
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(5) A person guilty of an offence under sub-paragraph (3) shall be liable on
summary conviction to custody for a term not exceeding 12 months, or a fine not
exceeding £5,000, or to both.268
Supplementary
16. For the purposes of sections 24 and 25 of the Police Powers and Procedures Act
1998 (seized material: access, copying and retention) —
(a) a terrorist investigation shall be treated as an investigation of or in
connection with an offence, and
(b) material produced in pursuance of an order under paragraph 5
shall be treated as if it were material seized by a constable.
17. A warrant issued under this Schedule must be executed within 3 months of the
date of issue.269
SCHEDULE 6
FINANCIAL INFORMATION
Section 25
Orders
1. (1) Where an order has been made under this paragraph in relation to a
terrorist investigation, a constable named in the order may require a financial
institution to which the order applies to provide customer information for the
purposes of the investigation.
(2) The order may provide that it applies to —
(a) all financial institutions,
(b) a particular description, or particular descriptions, of financial
institutions, or
(c) a particular financial institution or particular financial institutions.
(3) The information shall be provided —
(a) in such manner and within such time as the constable may
specify, and
(b) notwithstanding any restriction on the disclosure of information
or evidence imposed by statute or otherwise.270
(4) An institution which fails to comply with a requirement under this
paragraph shall be guilty of an offence.
(5) It is a defence for an institution charged with an offence under sub-
paragraph (4) to prove —
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(a) that the information required was not in the institution’s
possession, or
(b) that it was not reasonably practicable for the institution to comply
with the requirement.
(6) An institution guilty of an offence under sub-paragraph (4) shall be liable
on summary conviction to a fine not exceeding £5,000.
Procedure
2. An order under paragraph 1 may be made only on the application of a police
officer of at least the rank of chief inspector.
3. An order under paragraph 1 may be made only by a judge of the High Court.271
4. Rules of court may make provision about the procedure for an application
under paragraph 1.
Criteria for making order
5. An order under paragraph 1 may be made only if the judge of the High Court is
satisfied that —
(a) the order is sought for the purposes of a terrorist investigation,
(b) the tracing of terrorist property is desirable for the purposes of the
investigation, and
(c) the order will enhance the effectiveness of the investigation.272
Financial institution
6. (1) In this Schedule “financial institution
” means —
(a) a person carrying on the regulated activity of deposit taking
under the Financial Services Act 2008,273
(b) a building society (within the meaning of section 7 of the
Industrial and Building Societies Act 1892),
(c) a credit union (within the meaning of the Credit Unions Act 1993),
(d) a person carrying on the regulated activity of investment business
or services to collective investment schemes under the Financial
Services Act 2008,274
(e) the National Savings Bank,
(f) a person who carries out an activity for the purposes of raising
money authorised to be raised under the Isle of Man Loans Act 1974
or the National Loans Act 1968 (an Act of Parliament) under the
auspices of the Director of National Savings,275
(g) a European institution carrying on a home regulated activity
(within the meaning of the Second Council Directive on the
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coordination of laws, regulations and administrative provisions
relating to the taking up and pursuit of the business of credit
institutions),
(h) a person carrying out an activity specified in any of points 1 to 12
and 14 of the Annex to that Directive, and
(i) a person carrying on insurance business (within the meaning of
the Insurance Act 2008);276
(j) any person who, in the course of a business, holds or manages
any assets belonging to a client.277
(2) The Treasury may by order provide for a class of person —
(a) to be a financial institution for the purposes of this Schedule, or
(b) to cease to be a financial institution for the purposes of this
Schedule.
(3) An institution which ceases to be a financial institution for the purposes
of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall
continue to be treated as a financial institution for the purposes of any requirement
under paragraph 1 to provide customer information which relates to a time when the
institution was a financial institution.
Customer information
7. (1) In this Schedule “customer information
” means (subject to sub-
paragraph (3)) —
(a) information whether a business relationship exists or existed
between a financial institution and a particular person (‘a
customer’),
(b) a customer’s account number,
(c) a customer’s full name,
(d) a customer’s date of birth,
(e) a customer’s address or former address,
(f) the date on which a business relationship between a financial
institution and a customer begins or ends,
(g) any evidence of a customer’s identity obtained by a financial
institution in pursuance of or for the purposes of any legislation
relating to money laundering, and
(h) the identity of a person sharing an account with a customer.
(2) For the purposes of this Schedule there is a business relationship
between a financial institution and a person if (and only if) —
(a) there is an arrangement between them designed to facilitate the
carrying out of frequent or regular transactions between them,
and
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(b) the total amount of payments to be made in the course of the
arrangement is neither known nor capable of being ascertained
when the arrangement is made.
(3) The Treasury may by order provide for a class of information —
(a) to be customer information for the purposes of this Schedule, or
(b) to cease to be customer information for the purposes of this
Schedule.
Offence by body corporate, etc.
8. (1) This paragraph applies where an offence under paragraph 1(4) is
committed by an institution and it is proved that the offence —
(a) was committed with the consent or connivance of an officer of the
institution, or
(b) was attributable to neglect on the part of an officer of the
institution.278
(2) The officer, as well as the institution, shall be guilty of the offence.
(3) Where an individual is convicted of an offence under paragraph 1(4) by
virtue of this paragraph, he shall be liable on summary conviction to custody for a term
not exceeding 12 months, or a fine not exceeding £5,000 or to both.279
(4) In the case of an institution which is a body corporate, in this paragraph
“officer” includes —
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary,
(c) if the affairs of the body are managed by its members, a
member, and
(d) in relation to a limited liability company constituted under the
Limited Liability Companies Act 1996, a member, the company’s
manager, or the registered agent.
(5) In the case of an institution which is a partnership, in this paragraph
“officer” means a partner.
(6) In the case of an institution which is an unincorporated association (other
than a partnership), in this paragraph “officer” means a person concerned in the
management or control of the association.
Self-incrimination
9. (1) Customer information provided by a financial institution under this
Schedule shall not be admissible in evidence in criminal proceedings against the
institution or any of its officers or employees.
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(2) Sub-paragraph (1) shall not apply in relation to proceedings for an
offence under paragraph 1(4) (including proceedings brought by virtue of
paragraph 8).
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SCHEDULE 7
PORT CONTROLS
Section 28(1)
Interpretation
1. (1) In this Schedule “examining officer
” means any of the following —
(a) a constable,
(b) an immigration officer, and
(c) a customs officer.
(2) In this Schedule —
“captain
” means master of a ship or commander of an aircraft,
“port
” includes an airport and a hoverport,
“ship
” includes a hovercraft, and
“vehicle
” includes a train.
(3) A place shall be treated as a port for the purposes of this Schedule in
relation to a person if an examining officer believes that the person —
(a) has gone there for the purpose of embarking on a ship or
aircraft, or
(b) has arrived there on disembarking from a ship or aircraft.
Power to stop, question and detain
2. (1) An examining officer may question a person to whom this paragraph
applies for the purpose of determining whether he appears to be a person falling
within section 29(1)(b).
(2) This paragraph applies to a person if —
(a) he is at a port, and
(b) the examining officer believes that the person’s presence at the
port or in the area is connected with his entering or leaving the
Island or his travelling by air within the Island.
(3) This paragraph also applies to a person on a ship or aircraft which has
arrived at any place in the Island (whether from within or outside the Island).
(4) An examining officer may exercise his powers under this paragraph
whether or not he has grounds for suspecting that a person falls within section 29(1)(b).
3. A person who is questioned under paragraph 2 must —
(a) give the examining officer any information in his possession
which the officer requests;
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(b) give the examining officer on request either a valid passport
which includes a photograph or another document which
establishes his identity;
(c) declare whether he has with him documents of a kind specified by
the examining officer;
(d) give the examining officer on request any document which he has
with him and which is of a kind specified by the officer.
4. (1) For the purposes of exercising a power under paragraph 2 an examining
officer may —
(a) stop a person or vehicle;
(b) detain a person.
(2) For the purpose of detaining a person under this paragraph, an
examining officer may authorise the person’s removal from a ship, aircraft or vehicle.
(3) Where a person is detained under this paragraph the provisions of Part I
of Schedule 8 (treatment) shall apply.
(4) A person detained under this paragraph shall (unless detained under
any other power) be released not later than the end of the period of 9 hours beginning
with the time when his examination begins.
Searches
5. For the purpose of satisfying himself whether there are any persons whom he
may wish to question under paragraph 2 an examining officer may —
(a) search a ship or aircraft;
(b) search anything on a ship or aircraft;
(c) search anything which he reasonably believes has been, or is
about to be, on a ship or aircraft.
6. (1) An examining officer who questions a person under paragraph 2 may,
for the purpose of determining whether he falls within section 29(1)(b) —
(a) search the person;
(b) search anything which he has with him, or which belongs to him,
and which is on a ship or aircraft;
(c) search anything which he has with him, or which belongs to him,
and which the examining officer reasonably believes has been, or
is about to be, on a ship or aircraft;
(d) search a ship or aircraft for anything falling within paragraph (b).
(2) A search of a person under this paragraph must be carried out by
someone of the same sex.
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7. (1) An examining officer may examine goods to which this paragraph
applies for the purpose of determining whether they have been used in the
commission, preparation or instigation of acts of terrorism.
(2) This paragraph applies to —
(a) goods which have arrived in or are about to leave the Island on
a ship;
(b) goods which have arrived at or are about to leave any place in the
Island on an aircraft (whether the place they have come from or
are going to is within or outside the Island).
(3) In this paragraph “goods” includes —
(a) property of any description, and
(b) containers.
(4) An examining officer may board a ship or aircraft or enter a vehicle for
the purpose of determining whether to exercise his power under this paragraph.
8. (1) An examining officer may authorise a person to carry out on his behalf a
search or examination under any of paragraphs 5 to 7.
(2) A person authorised under this paragraph shall be treated as an
examining officer for the purposes of —
(a) paragraphs 7(4) and 9 of this Schedule, and
(b) paragraphs 2 and 3 of Schedule 12.
Detention of property
9. (1) This paragraph applies to anything which —
(a) is given to an examining officer in accordance with
paragraph 3(d),
(b) is searched or found on a search under paragraph 6, or
(c) is examined under paragraph 7.
(2) An examining officer may detain the thing —
(a) for the purpose of examination, for a period not exceeding 7 days
beginning with the day on which the detention commences,
(b) while he believes that it may be needed for use as evidence in
criminal proceedings, or
(c) while he believes that it may be needed in connection with a
decision by the Governor whether to make a deportation order
under the Immigration Act.
Designated ports
10. (1) This paragraph applies to a journey —
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(a) to the Island from any part of the British Isles, or
(b) from the Island to any part of the British Isles.
(2) Where a ship or aircraft is employed to carry passengers for reward on a
journey to which this paragraph applies the owners or agents of the ship or aircraft
shall not arrange for it to call at a port in the Island for the purpose of disembarking or
embarking passengers unless —
(a) the port is a designated port, or
(b) an examining officer approves the arrangement.
(3) Where an aircraft is employed on a journey to which this paragraph
applies otherwise than to carry passengers for reward, the captain of the aircraft shall
not permit it to call at or leave a port in the Island unless —
(a) the port is a designated port, or
(b) he gives at least 12 hours’ notice in writing to a constable.
(4) A designated port is a port which appears in the Table at the end of this
Schedule but subject to any conditions set out in column 2 of that Table.
(5) The Council of Ministers280
may by order —
(a) add an entry to the Table;
(b) remove an entry from the Table.
Embarkation and disembarkation
11. (1) The Council of Ministers281
may by notice in writing to the owners or
agents of ships or aircraft —
(a) designate control areas in any port in the Island;
(b) specify conditions for or restrictions on the embarkation or
disembarkation of passengers in a control area.
(2) Where owners or agents of a ship or aircraft receive notice under sub-
paragraph (1) in relation to a port they shall take all reasonable steps to ensure, in
respect of the ship or aircraft —
(a) that passengers do not embark or disembark at the port outside a
control area, and
(b) that any specified conditions are met and any specified
restrictions are complied with.
12. (1) The Council of Ministers282
may by notice in writing to persons
concerned with the management of a port in the Island (“the port managers”) —
(a) designate control areas in the port;
(b) require the port managers to provide at their own expense
specified facilities in a control area for the purposes of the
embarkation or disembarkation of passengers or their
examination under this Schedule;
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(c) require conditions to be met and restrictions to be complied with
in relation to the embarkation or disembarkation of passengers in
a control area;
(d) require the port managers to display, in specified locations in
control areas, notices containing specified information about the
provisions of this Schedule in such form as may be specified.
(2) Where port managers receive notice under sub-paragraph (1) they shall
take all reasonable steps to comply with any requirement set out in the notice.
13. (1) This paragraph applies to a ship employed to carry passengers for
reward, or an aircraft, which —
(a) arrives in the Island,
(b) leaves the Island.
(2) The captain shall ensure —
(a) that passengers and members of the crew do not disembark at a
port in the Island unless either they have been examined by an
examining officer or they disembark in accordance with
arrangements approved by an examining officer;
(b) that passengers and members of the crew do not embark at a port
in the Island except in accordance with arrangements approved
by an examining officer;
(c) where a person is to be examined under this Schedule on board
the ship or aircraft, that he is presented for examination in an
orderly manner.
(3) Where paragraph 27 of Schedule 2 to the Immigration Act
(disembarkation requirements on arrival in the Island) applies, the requirements of
sub-paragraph (2)(a) of this paragraph are in addition to the requirements of
paragraph 27 of that Schedule.
Carding
14. (1) The Council of Ministers may by order make provision requiring a
person to whom this paragraph applies, if required to do so by an examining officer, to
complete and produce to the officer a card containing such information in such form as
the order may specify.283
(2) An order under this paragraph may require the owners or agents of a
ship or aircraft employed to carry passengers for reward to supply their passengers
with cards in the form required by virtue of sub-paragraph (1).
(3) This paragraph applies to a person —
(a) who disembarks in the Island from a ship or aircraft which has
arrived in the Island,
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(b) who embarks in the Island on a ship or aircraft which is leaving or
expected to leave the Island.
Provision of passenger information
15. (1) This paragraph applies to a ship or aircraft which —
(a) arrives or is expected to arrive in any place in the Island (whether
from within or outside the Island); or
(b) leaves or is expected to leave the Island.
(2) If an examining officer gives the owners or agents of a ship or aircraft to
which this paragraph applies a written request to provide specified information, the
owners or agents shall comply with the request as soon as is reasonably practicable.
(3) A request to an owner or agent may relate —
(a) to a particular ship or aircraft,
(b) to all ships or aircraft of the owner or agent to which this
paragraph applies, or
(c) to specified ships or aircraft.
(4) Information may be specified in a request only if it is of a kind which is
prescribed by order of the Council of Ministers284
and which relates —
(a) to passengers,
(b) to crew,
(c) to vehicles belonging to passengers or crew,
(d) to goods.
(5) A passenger or member of the crew on a ship or aircraft shall give the
captain any information required for the purpose of enabling the owners or agents to
comply with a request under this paragraph.
(6) Sub-paragraphs (2) and (5) shall not require the provision of information
which is required to be provided under or by virtue of paragraph 27(2) or 27B of
Schedule 2 to the Immigration Act.
Offences
16. (1) A person commits an offence if he —
(a) intentionally fails to comply with a duty imposed under or by
virtue of this Schedule,
(b) intentionally contravenes a prohibition imposed under or by
virtue of this Schedule, or
(c) intentionally obstructs, or seeks to frustrate, a search or
examination under or by virtue of this Schedule.
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(2) A person guilty of an offence under this paragraph shall be liable on
summary conviction to custody for a term not exceeding 3 months, or to a fine not
exceeding £2,500 or to both.
TABLE
DESIGNATED PORTS
PORTS CONDITIONS
Seaports
DOUGLAS
PEEL On any occasion whenever it is impracticable for
the Port of Douglas to be used owing to stress of
weather or other reasonable cause and due notice
of not less than 2 hours duration of the intention
to use the Port of Peel has been given to the Chief
Constable by the captain, owners or agents of the
ship.
Airports
ISLE OF MAN (RONALDSWAY)
AIRPORT
JURBY AERODROME
SCHEDULE 8
DETENTION
Section 30(2) and para 4(3) of Sch 7
PART I – TREATMENT OF PERSONS DETAINED UNDER SECTION
30 OR SCHEDULE 7
Place of detention
1. (1) The Department shall designate places at which persons may be detained
under Schedule 7 or section 30.
(2) In this Schedule a reference to a police station includes a reference to any
place which the Department has designated under sub-paragraph (1) as a place where
a person may be detained under section 30.
(3) Where a person is detained under Schedule 7, he may be taken in the
custody of an examining officer or of a person acting under an examining officer’s
authority to and from any place where his attendance is required for the purpose of —
(a) his examination under that Schedule,
(b) establishing his nationality or citizenship, or
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(c) making arrangements for his admission to a country or territory
outside the Island.
(4) A constable who arrests a person under section 30 shall take him as soon
as is reasonably practicable to the police station which the constable considers the most
appropriate.
(5) In this paragraph “examining officer” has the meaning given in
Schedule 7.
Identification
2. (1) An authorised person may take any steps which are reasonably
necessary for —
(a) photographing the detained person,
(b) measuring him, or
(c) identifying him.
(2) In sub-paragraph (1) “authorised person” means any of the following —
(a) a constable,
(b) a prison officer,
(c) a person authorised by the Governor, and
(d) in the case of a person detained under Schedule 7, an examining
officer (within the meaning of that Schedule).
(3) This paragraph does not confer the power to take fingerprints, non-
intimate samples or intimate samples (within the meaning given by paragraph 15).
Audio and video recording of interviews
3. (1) The Department shall —
(a) issue a code of practice about the audio recording of interviews to
which this paragraph applies, and
(b) make an order requiring the audio recording of interviews to
which this paragraph applies in accordance with any relevant
code of practice under paragraph (a).
(2) The Department may make an order requiring the video recording of
interviews to which this paragraph applies.
(3) An order under sub-paragraph (2) shall specify whether the video
recording which it requires is to be silent or with sound.
(4) Where an order is made under sub-paragraph (2) —
(a) the Department shall issue a code of practice about the video
recording of interviews to which the order applies, and
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(b) the order shall require the interviews to be video recorded in
accordance with any relevant code of practice under
paragraph (a).
(5) Where the Department has made an order under sub-paragraph (2)
requiring certain interviews to be video recorded with sound —
(a) it need not make an order under sub-paragraph (1)(b) in relation
to those interviews, but
(b) it may do so.
(6) This paragraph applies to any interview by a constable of a person
detained under Schedule 7 or section 30 if the interview takes place in a police station.
4. (1) This paragraph applies to a code of practice under paragraph 3.
(2) The failure by a constable to observe a provision of a code shall not of
itself make him liable to criminal or civil proceedings.
(3) A code —
(a) shall be 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.
Status
5. A detained person shall be deemed to be in legal custody throughout the period
of his detention.
Rights
6. (1) Subject to paragraph 8, a person detained under Schedule 7 or section 30
at a police station shall be entitled, if he so requests, to have one named person
informed as soon as is reasonably practicable that he is being detained there.
(2) The person named must be —
(a) a friend of the detained person,
(b) a relative, or
(c) a person who is known to the detained person or who is likely to
take an interest in his welfare.
(3) Where a detained person is transferred from one police station to
another, he shall be entitled to exercise the right under this paragraph in respect of the
police station to which he is transferred.
7. (1) Subject to paragraphs 8 and 9, a person detained under Schedule 7 or
section 30 at a police station shall be entitled, if he so requests, to consult an advocate
as soon as is reasonably practicable, privately and at any time.
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(2) Where a request is made under sub-paragraph (1), the request and the
time at which it was made shall be recorded.
8. (1) Subject to sub-paragraph (2), an officer of at least the rank of chief
inspector may authorise a delay —
(a) in informing the person named by a detained person under
paragraph 6;
(b) in permitting a detained person to consult an advocate under
paragraph 7.
(2) But where a person is detained under section 30 he must be permitted to
exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in
subsection (3) of that section.
(3) Subject to sub-paragraph (5), an officer may give an authorisation under
sub-paragraph (1) only if he has reasonable grounds for believing —
(a) in the case of an authorisation under sub-paragraph (1)(a), that
informing the named person of the detained person’s detention
will have any of the consequences specified in sub-
paragraph (4), or
(b) in the case of an authorisation under sub-paragraph (1)(b), that
the exercise of the right under paragraph 7 at the time when the
detained person desires to exercise it will have any of the
consequences specified in sub-paragraph (4).
(4) Those consequences are —
(a) interference with or harm to evidence of a serious offence,285
(b) interference with or physical injury to any person,
(c) the alerting of persons who are suspected of having committed a
serious offence but who have not been arrested for it,286
(d) the hindering of the recovery of property obtained as a result of a
serious offence or in respect of which a forfeiture order could be
made under section 16, 16A or 16B,287
(e) interference with the gathering of information about the
commission, preparation or instigation of acts of terrorism,
(f) the alerting of a person and thereby making it more difficult to
prevent an act of terrorism, and
(g) the alerting of a person and thereby making it more difficult to
secure a person’s apprehension, prosecution or conviction in
connection with the commission, preparation or instigation of an
act of terrorism.
(5) An officer may also give an authorisation under sub-paragraph (1) if the
officer has reasonable grounds for believing that —
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(a) the detained person has benefited from that person’s criminal
conduct; and
(b) the recovery of the value of the property constituting the benefit
will be hindered by —
(i) informing the named person of the detained person’s
detention (in the case of an authorisation under sub-
paragraph (1)(a)); or
(ii) the exercise of the right under paragraph 7 (in the case of
an authorisation under sub-paragraph (1)(b)).288
(5A) For the purposes of sub-paragraph (5) the question whether a person has
benefited from that person’s criminal conduct is to be decided in accordance with Part
2 of the Proceeds of Crime Act 2008.289
(6) If an authorisation under sub-paragraph (1) is given orally, the person
giving it shall confirm it in writing as soon as is reasonably practicable.
(7) Where an authorisation under sub-paragraph (1) is given —
(a) the detained person shall be told the reason for the delay as soon
as is reasonably practicable, and
(b) the reason shall be recorded as soon as is reasonably practicable.
(8) Where the reason for authorising delay ceases to subsist there may be no
further delay in permitting the exercise of the right in the absence of a further
authorisation under sub-paragraph (1).
(9) In this paragraph “serious offence” has the meaning given by section 79
of the Police Powers and Procedures Act 1998 but it also includes —
(a) an offence under any of the provisions mentioned in
section 30(1)(a) of this Act, and
(b) an attempt or conspiracy to commit an offence under any of the
provisions mentioned in section 29(1)(a).290
9. (1) A direction under this paragraph may provide that a detained person
who wishes to exercise the right under paragraph 7 may consult an advocate only in
the sight and hearing of a qualified officer.
(2) A direction under this paragraph may be given by the Chief Constable.
(3) A direction under this paragraph may be given only if the Chief
Constable has reasonable grounds for believing —
(a) that, unless the direction is given, the exercise of the right by the
detained person will have any of the consequences specified in
paragraph 8(4); or
(b) that the detained person has benefited from his criminal conduct
and that, unless the direction is given, the exercise of the right by
the detained person will hinder the recovery of the value of the
property constituting the benefit.291
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(4) In this paragraph “a qualified officer” means a police officer who —
(a) is of at least the rank of inspector,
(b) is of the uniformed branch of the police force, and
(c) in the opinion of the officer giving the direction, has no
connection with the detained person’s case.
(5) A direction under this paragraph shall cease to have effect once the
reason for giving it ceases to subsist.
10. (1) This paragraph applies where a person is detained under Schedule 7 or
section 30.
(2) Fingerprints may be taken from the detained person only if they are
taken by a constable —
(a) with the appropriate consent given in writing, or
(b) without that consent under sub-paragraph (4).
(3) A non-intimate sample may be taken from the detained person only if it
is taken by a constable —
(a) with the appropriate consent given in writing, or
(b) without that consent under sub-paragraph (4).
(4) Fingerprints or a non-intimate sample may be taken from the detained
person without the appropriate consent only if —
(a) he is detained at a police station and a police officer of at least the
rank of chief inspector authorises the fingerprints or sample to be
taken, or
(b) he has been convicted of a recordable offence and, where a non-
intimate sample is to be taken, he was convicted of the offence on
or after 11 January 1999.
(5) An intimate sample may be taken from the detained person only if —
(a) he is detained at a police station,
(b) the appropriate consent is given in writing,
(c) a police officer of at least the rank of chief inspector authorises the
sample to be taken, and
(d) subject to paragraph 13(2) and (3), the sample is taken by a
constable.
(6) Subject to sub-paragraph (7), an officer may give an authorisation under
sub-paragraph (4)(a) or (5)(c) only if —
(a) in the case of a person detained under section 30, the officer
reasonably suspects that the person has been involved in an
offence under any of the provisions mentioned in section 29(1)(a),
and the officer reasonably believes that the fingerprints or sample
will tend to confirm or disprove his involvement, or
Anti-Terrorism and Crime Act 2003 Schedule 8
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(b) in any case, the officer is satisfied that the taking of the
fingerprints or sample from the person is necessary in order to
assist in determining whether he falls within section 29(1)(b).
(7) An officer may also give an authorisation under sub-paragraph (4)(a) for
the taking of fingerprints if —
(a) he is satisfied that the fingerprints of the detained person will
facilitate the ascertainment of that person’s identity; and
(b) that person has refused to identify himself or the officer has
reasonable grounds for suspecting that the person is not who he
claims to be.
(8) In this paragraph, references to ascertaining a person’s identity include
references to showing that he is not a particular person.
(9) If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally,
the person giving it shall confirm it in writing as soon as is reasonably practicable.
11. (1) Before fingerprints or a sample are taken from a person under
paragraph 10, he shall be informed —
(a) that the fingerprints or sample may be used for the purposes of
paragraph 14(4), section 67 of the Police Powers and Procedures Act
1998 (checking of fingerprints and samples), and
(b) where the fingerprints or sample are to be taken under
paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the
fingerprints or sample.
(2) Before fingerprints or a sample are taken from a person upon an
authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed —
(a) that the authorisation has been given,
(b) of the grounds upon which it has been given, and
(c) where relevant, of the nature of the offence in which it is
suspected that he has been involved.
(3) After fingerprints or a sample are taken under paragraph 10, there shall
be recorded as soon as is reasonably practicable any of the following which apply —
(a) the fact that the person has been informed in accordance with sub-
paragraphs (1) and (2),
(b) the reason referred to in sub-paragraph (1)(b),
(c) the authorisation given under paragraph 10(4)(a) or (5)(c),
(d) the grounds upon which that authorisation has been given, and
(e) the fact that the appropriate consent has been given.
12. (1) This paragraph applies where —
(a) two or more non-intimate samples suitable for the same means of
analysis have been taken from a person under paragraph 10,
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(b) those samples have proved insufficient, and
(c) the person has been released from detention.
(2) An intimate sample may be taken from the person if —
(a) the appropriate consent is given in writing,
(b) a police officer of at least the rank of superintendent authorises
the sample to be taken, and
(c) subject to paragraph 13(2) and (3), the sample is taken by a
constable.
(3) Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an
intimate sample under this paragraph; and a reference to a person detained under
section 30 shall be taken as a reference to a person who was detained under section 30
when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
13. (1) Where appropriate written consent to the taking of an intimate sample
from a person under paragraph 10 or 12 is refused without good cause, in any
proceedings against that person for an offence —
(a) the court, in determining whether to commit him for trial or
whether there is a case to answer, may draw such inferences from
the refusal as appear proper, and
(b) the court or jury, in determining whether that person is guilty of
the offence charged, may draw such inferences from the refusal as
appear proper.
(2) An intimate sample other than a sample of urine or a dental impression
may be taken under paragraph 10 or 12 only by a registered medical practitioner acting
on the authority of a constable.
(3) An intimate sample which is a dental impression may be taken under
paragraph 10 or 12 only by a registered dentist acting on the authority of a constable.
(4) Where a sample of hair other than pubic hair is to be taken under
paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with
their roots so long as no more are plucked than the person taking the sample
reasonably considers to be necessary for a sufficient sample.
14. (1) This paragraph applies to —
(a) fingerprints or samples taken under paragraph 10 or 12, and
(b) information derived from those samples.
(2) The fingerprints, samples or information may be used only for the
purpose of a terrorist investigation.
(3) In particular, a check may not be made against them under section 67 of
the Police Powers and Procedures Act 1998 (checking of fingerprints and samples) except
for the purpose of a terrorist investigation.
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(4) The fingerprints, samples or information may be checked, subject to sub-
paragraph (2), against —
(a) other fingerprints or samples taken under paragraph 10 or 12 or
information derived from those samples,
(b) relevant physical data or samples taken by virtue of paragraph 20,
(c) any of the fingerprints, samples and information mentioned in
section 67 of the Police Powers and Procedures Act 1998 (checking of
fingerprints and samples),
(e) fingerprints or samples taken under section 13(7) of, or
paragraph 7(3) of Schedule 5 to, the Prevention of Terrorism Act
1990 or information derived from those samples.
(5) This paragraph (other than sub-paragraph (4)) shall apply to fingerprints
or samples taken under section 13(7) of, or paragraph 7(3) of Schedule 5 to, the
Prevention of Terrorism Act 1990 and information derived from those samples as it
applies to fingerprints or samples taken under paragraph 10 or 12 and the information
derived from those samples.
15. (1) In the application of paragraphs 10 to 14 in relation to a detained person
the following expressions shall have the meaning given by section 69 of the Police
Powers and Procedures Act 1998 (Part V definitions) —
(a) “appropriate consent
”,
(b) “fingerprints
”,
(c) “insufficient
”,
(d) “intimate sample
”,
(e) “non-intimate sample
”,
(f) “registered dentist
”, and
(g) “sufficient
”.
(2) In paragraph 10 “recordable offence” shall have the meaning given by
section 81(1) of the Police Powers and Procedures Act 1998 (general interpretation).
16. The Department shall, by order, make provision to require that —
(a) except in such circumstances, and
(b) subject to such conditions, as may be specified in the order, where
a person detained has been permitted to consult an advocate, the
advocate shall be allowed to be present at any interview carried
out in connection with a terrorist investigation or for the purposes
of Schedule 7.
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PART II – REVIEW OF DETENTION UNDER SECTION 30
Requirement
17. (1) A person’s detention shall be periodically reviewed by a review officer.
(2) The first review shall be carried out as soon as is reasonably practicable
after the time of the person’s arrest.
(3) Subsequent reviews shall, subject to paragraph 18, be carried out at
intervals of not more than 12 hours.
(4) No review of a person’s detention shall be carried out after a warrant
extending his detention has been issued under Part III.
Postponement
18. (1) A review may be postponed if at the latest time at which it may be
carried out in accordance with paragraph 17 —
(a) the detained person is being questioned by a police officer and an
officer is satisfied that an interruption of the questioning to carry
out the review would prejudice the investigation in connection
with which the person is being detained,
(b) no review officer is readily available, or
(c) it is not practicable for any other reason to carry out the review.
(2) Where a review is postponed it shall be carried out as soon as is
reasonably practicable.
(3) For the purposes of ascertaining the time within which the next review is
to be carried out, a postponed review shall be deemed to have been carried out at the
latest time at which it could have been carried out in accordance with paragraph 17.
Grounds for continued detention
19. (1) A review officer may authorise a person’s continued detention only if
satisfied that it is necessary —
(a) to obtain relevant evidence whether by questioning him or
otherwise,
(b) to preserve relevant evidence,
(ba) pending the result of an examination or analysis of any relevant
evidence or of anything the examination or analysis of which is to
be or is being carried out with a view to obtaining relevant
evidence,292
(c) pending a decision whether to apply to the Governor for a
deportation notice to be served on the detained person,
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(d) pending the making of an application to the Governor for a
deportation notice to be served on the detained person,
(e) pending consideration by the Governor whether to serve a
deportation notice on the detained person, or
(f) pending a decision whether the detained person should be
charged with an offence.
(2) The review officer shall not authorise continued detention by virtue of
sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection
with which the person is detained is being conducted diligently and expeditiously.
(3) The review officer shall not authorise continued detention by virtue of
sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the
completion of which detention is necessary is being conducted diligently and
expeditiously.
(4) In this paragraph “relevant evidence” means evidence which —
(a) relates to the commission by the detained person of an offence
under any of the provisions mentioned in section 29(1)(a), or
(b) indicates that the detained person falls within section 29(1)(b).293
(5) In sub-paragraph (1) “deportation notice” means notice of a decision to
make a deportation order under the Immigration Act.
Review officer
20. (1) The review officer shall be an officer who has not been directly involved
in the investigation in connection with which the person is detained.
(2) In the case of a review carried out within the period of 24 hours
beginning with the time of arrest, the review officer shall be an officer of at least the
rank of inspector.
(3) In the case of any other review, the review officer shall be an officer of at
least the rank of superintendent.
21. (1) This paragraph applies where —
(a) the review officer is of a rank lower than chief inspector,
(b) an officer of higher rank than the review officer gives directions
relating to the detained person, and
(c) those directions are at variance with the performance by the
review officer of a duty imposed on him under this Schedule.
(2) The review officer shall refer the matter at once to the Chief Constable.
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Representations
22. (1) Before determining whether to authorise a person’s continued detention,
a review officer shall give either of the following persons an opportunity to make
representations about the detention —
(a) the detained person, or
(b) an advocate representing him who is available at the time of the
review.
(2) Representations may be oral or written.
(3) A review officer may refuse to hear oral representations from the
detained person if he considers that he is unfit to make representations because of his
condition or behaviour.
Rights
23. (1) Where a review officer authorises continued detention he shall inform
the detained person —
(a) of any of his rights under paragraphs 6 and 7 which he has not yet
exercised, and
(b) if the exercise of any of his rights under either of those paragraphs
is being delayed in accordance with the provisions of paragraph 8,
of the fact that it is being so delayed.
(2) Where a review of a person’s detention is being carried out at a time
when his exercise of a right under either of those paragraphs is being delayed —
(a) the review officer shall consider whether the reason or reasons for
which the delay was authorised continue to subsist, and
(b) if in his opinion the reason or reasons have ceased to subsist, he
shall inform the officer who authorised the delay of his opinion
(unless he was that officer).
Record
24. (1) A review officer carrying out a review shall make a written record of the
outcome of the review and of any of the following which apply —
(a) the grounds upon which continued detention is authorised,
(b) the reason for postponement of the review,
(c) the fact that the detained person has been informed as required
under paragraph 23(1),
(d) the officer’s conclusion on the matter considered under
paragraph 23(2)(a),
(e) the fact that he has taken action under paragraph 23(2)(b), and
Anti-Terrorism and Crime Act 2003 Schedule 8
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(f) the fact that the detained person is being detained by virtue of
section 30(5) or (6).
(2) The review officer shall —
(a) make the record in the presence of the detained person, and
(b) inform him at that time whether the review officer is authorising
continued detention, and if he is, of his grounds.
(3) Sub-paragraph (2) shall not apply where, at the time when the record is
made, the detained person is —
(a) incapable of understanding what is said to him,
(b) violent or likely to become violent, or
(c) in urgent need of medical attention.
PART III – EXTENSION OF DETENTION UNDER SECTION 30
Warrants of further detention
25. (1) A police officer of at least the rank of chief inspector may apply to the
High Bailiff for the issue of a warrant of further detention under this Part.
(2) A warrant of further detention —
(a) shall authorise the further detention under section 30 of a
specified person for a specified period, and
(b) shall state the time at which it is issued.
(3) The specified period in relation to a person shall end not later than the
end of the period of 7 days beginning —
(a) with the time of his arrest under section 30, or
(b) if he was being detained under Schedule 7 when he was arrested
under section 30, with the time when his examination under that
Schedule began.
Time limit
26. (1) An application for a warrant shall be made —
(a) during the period mentioned in section 30(3), or
(b) within 6 hours of the end of that period.
(2) The High Bailiff when hearing an application made by virtue of sub-
paragraph (1)(b) shall dismiss the application if he considers that it would have been
reasonably practicable to make it during the period mentioned in section 30(3).
(3) For the purposes of this Schedule, an application for a warrant is made
when written or oral notice of an intention to make the application is given to the High
Bailiff.
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Notice
27. An application for a warrant may not be heard unless the person to whom it
relates has been given a notice stating —
(a) that the application has been made,
(b) the time at which the application was made,
(c) the time at which it is to be heard, and
(d) the grounds upon which further detention is sought.
Grounds for extension
28. (1) The High Bailiff may issue a warrant of further detention only if
satisfied that —
(a) there are reasonable grounds for believing that the further
detention of the person to whom the application relates is
necessary as mentioned in sub-paragraph (1A), and294
(b) the investigation in connection with which the person is detained
is being conducted diligently and expeditiously.
(1A) The further detention of a person is necessary as mentioned in this sub-
paragraph if it is necessary —
(a) to obtain relevant evidence whether by questioning the person or
otherwise;
(b) to preserve relevant evidence; or
(c) pending the result of an examination or analysis of any relevant
evidence or of anything the examination or analysis of which is to
be or is being carried out with a view to obtaining relevant
evidence.295
(2) In this paragraph “relevant evidence” means, in relation to the person to
whom the application relates, evidence which —
(a) relates to his commission of an offence under any of the
provisions mentioned in section 29(1)(a), or
(b) indicates that he is a person falling within section 29(1)(b).296
Representation
29. (1) The person to whom an application relates shall —
(a) be given an opportunity to make oral or written representations to
the High Bailiff about the application, and
(b) subject to sub-paragraph (3), be entitled to be legally represented
at the hearing.
(2) The High Bailiff shall adjourn the hearing of an application to enable the
person to whom the application relates to obtain legal representation where —
Anti-Terrorism and Crime Act 2003 Schedule 8
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(a) he is not legally represented,
(b) he is entitled to be legally represented, and
(c) he wishes to be so represented.
(3) The High Bailiff may exclude any of the following persons from any part
of the hearing —
(a) the person to whom the application relates;
(b) anyone representing him.
Information
30. (1) The officer who has made an application for a warrant may apply to the
High Bailiff for an order that specified information upon which he intends to rely be
withheld from —
(a) the person to whom the application relates, and
(b) anyone representing him.
(2) Subject to sub-paragraph (3), the High Bailiff may make an order under
sub-paragraph (1) in relation to specified information only if satisfied that there are
reasonable grounds for believing that if the information were disclosed —
(a) evidence of an offence under any of the provisions mentioned in
section 29(1)(a) would be interfered with or harmed,
(b) the recovery of property obtained as a result of an offence under
any of those provisions would be hindered,
(c) the recovery of property in respect of which a forfeiture order
could be made under section 16, 16A or 16B would be hindered,297
(d) the apprehension, prosecution or conviction of a person who is
suspected of falling within section 29(1)(a) or (b) would be made
more difficult as a result of his being alerted,
(e) the prevention of an act of terrorism would be made more
difficult as a result of a person being alerted,
(f) the gathering of information about the commission, preparation
or instigation of an act of terrorism would be interfered with, or
(g) a person would be interfered with or physically injured.
(3) The High Bailiff may also make an order under subparagraph (1) in
relation to specified information if satisfied that there are reasonable grounds for
believing that —
(a) the detained person has benefited from that person’s criminal
conduct; and
(b) the recovery of the value of the property constituting the benefit
would be hindered if the information were disclosed.298
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(3A) For the purposes of sub-paragraph (3) the question whether a person has
benefited from that person’s criminal conduct is to be decided in accordance with Part
2 of the Proceeds of Crime Act 2008.299
(4) The High Bailiff shall direct that the following be excluded from the
hearing of the application under this paragraph —
(a) the person to whom the application for a warrant relates, and
(b) anyone representing him.
Adjournments
31. (1) The High Bailiff may adjourn the hearing of an application for a warrant
only if the hearing is adjourned to a date before the expiry of the period mentioned in
section 30(3).
(2) This paragraph shall not apply to an adjournment under
paragraph 29(2).
Extensions of warrants
32. (1) A police officer of at least the rank of superintendent may apply to the
High Bailiff for the extension or further extension of the period specified in a warrant
of further detention.
(2) Where the period specified is extended, the warrant shall be endorsed
with a note stating the new specified period.
(3) The specified period shall end not later than the end of the period of 7
days beginning —
(a) with the time of the person’s arrest under section 30, or
(b) if he was being detained under Schedule 7 when he was arrested
under section 30, with the time when his examination under that
Schedule began.
(4) Paragraphs 26(3) and 27 to 30 shall apply to an application under this
paragraph as they apply to an application for a warrant of further detention.
(5) The High Bailiff may adjourn the hearing of an application under sub-
paragraph (1) only if the hearing is adjourned to a date before the expiry of the period
specified in the warrant.
(6) Sub-paragraph (5) shall not apply to an adjournment under
paragraph 29(2).
Detention - conditions
33. A person detained by virtue of a warrant issued under this Part shall (unless
detained in accordance with section 30(5) or (6) or under any other power) be released
immediately if the officer having custody of him becomes aware that any of the
Anti-Terrorism and Crime Act 2003 Schedule 8A
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grounds under paragraph 29(1)(a) and upon which the High Bailiff authorised his
further detention have ceased to apply.
SCHEDULE 8A
300
SEIZURE AND FORFEITURE OF TERRORIST PUBLICATIONS
[P2006/11/Sch 2]
Section 31A
Application of Schedule
1. This Schedule applies where an article —
(a) has been seized under the authority of a warrant under
section 31A; and
(b) is being retained in the custody of a constable (“the relevant
constable
”).
Notice of seizure
2. (1) The relevant constable must give notice of the article’s seizure to —
(a) every person whom the relevant constable believes to have been
the owner of the article, or one of its owners, at the time of the
seizure; and
(b) if there is no such person or it is not reasonably practicable to give
him or her notice, every person whom the relevant constable
believes to have been an occupier at that time of the premises
where the article was seized.
(2) The notice must set out what has been seized and the grounds for the
seizure.
(3) The notice may be given to a person only by —
(a) delivering it to the person personally;
(b) addressing it to the person and leaving it for him or her at the
appropriate address; or
(c) addressing it to the person and sending it to him or her at that
address by post.
(4) But where it is not practicable to give a notice in accordance with
subparagraph (3), a notice given by virtue of sub-paragraph (1)(b) to the occupier of
the premises where the article was seized may be given by —
(a) addressing it to “the occupier” of those premises, without naming
him or her; and
(b) leaving it for him or her at those premises or sending it to him or
her at those premises by post.
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(5) An article may be treated or condemned as forfeited under this Schedule
only if —
(a) the requirements of this paragraph have been complied with in
the case of that article; or
(b) it was not reasonably practicable for them to be complied with.
(6) In this paragraph “the appropriate address”, in relation to a
person, means —
(a) in the case of a body corporate, its registered or principal office in
the Island;
(b) in the case of a firm, the principal office of the partnership;
(c) in the case of an unincorporated body or association, the principal
office of the body or association; and
(d) in any other case, his or her usual or last known place of residence
in the Island or his or her last known place of business in the
Island.
(7) In the case of —
(a) a company registered outside the Island;
(b) a firm carrying on business outside the Island; or
(c) an unincorporated body or association with offices outside the
Island,
the references in this paragraph to its principal office include references to its principal
office within the Island (if any).
Notice of claim
3. (1) A person claiming that the seized article is not liable to forfeiture may
give notice of his or her claim to a constable at any police station.
(2) Oral notice is not sufficient for these purposes.
4. (1) A notice of claim may not be given more than one month after —
(a) the day of the giving of the notice of seizure; or
(b) if no such notice has been given, the day of the seizure.
(2) A notice of claim must specify —
(a) the name and address of the claimant; and
(b) in the case of a claimant who is outside the Island, the name and
address of an advocate in the Island who is authorised to accept
service, and to act, on behalf of the claimant.
(3) Service upon an advocate so specified is to be taken to be service on the
claimant for the purposes of any proceedings by virtue of this Schedule.
Anti-Terrorism and Crime Act 2003 Schedule 8A
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(4) In a case in which notice of the seizure was given to different persons on
different days, the reference in this paragraph to the day on which that notice was
given is a reference —
(a) in relation to a person to whom notice of the seizure was given, to
the day on which that notice was given to the person; and
(b) in relation to any other person, to the day on which notice of the
seizure was given to the last person to be given such a notice.
Automatic forfeiture in a case where no claim is made
5. The article is to be treated as forfeited if, by the end of the period for the giving
of a notice of claim in respect of it —
(a) no such notice has been given; or
(b) the requirements of paragraphs 3 and 4 have not been complied
with in relation to the only notice or notices of claim that have
been given.
Forfeiture by the court in other cases
6. (1) Where a notice of claim in respect of an article is duly given in
accordance with paragraphs 3 and 4, the relevant constable must decide whether to
take proceedings to ask the court to condemn the article as forfeited.
(2) The decision whether to take such proceedings must be made as soon as
reasonably practicable after the giving of the notice of claim.
(3) If the relevant constable takes such proceedings and the court —
(a) finds that the article was liable to forfeiture at the time of its
seizure; and
(b) is satisfied that its forfeiture is appropriate,
the court must condemn the article as forfeited.
(4) If that constable takes such proceedings and the court —
(a) finds that the article was not liable to forfeiture at the time of its
seizure; or
(b) is not satisfied that its forfeiture is appropriate,
the court must order the return of the article to the person who appears to the court to
be entitled to it.
(5) If the relevant constable decides not to take proceedings for
condemnation in a case in which a notice of claim has been given, he or she must
return the article to the person who appears to him or her to be the owner of the article,
or to one of the persons who appear to him or her to be owners of it.
(6) An article required to be returned in accordance with sub-paragraph (5)
must be returned as soon as reasonably practicable after the decision not to take
proceedings for condemnation.
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Forfeiture proceedings
7. Proceedings by virtue of this Schedule are civil proceedings and may be
instituted in the High Court or a court of summary jurisdiction.
8. (1) The claimant or the claimant’s advocate must make his or her oath that,
at the time of the seizure, the seized article was, or was to the best of his or her
knowledge and belief, the property of the claimant.
(2) In any such proceedings instituted in the High Court —
(a) the court may require the claimant to give such security for the
costs of the proceedings as may be determined by the court; and
(b) the claimant must comply with any such requirement.
(3) If a requirement of this paragraph is not complied with, the court must
find against the claimant.
9. (1) In the case of proceedings by virtue of this Schedule that are instituted in
a court of summary jurisdiction, either party may appeal against the decision of that
court to the High Court.
(2) This paragraph does not affect any right to require the statement of a
case for the opinion of the Staff of Government Division.
10. Where an appeal has been made (whether by case stated or otherwise) against
the decision of the court in proceedings by virtue of this Schedule in relation to an
article, the article is to be left in the custody of a constable pending the final
determination of the matter.
Effect of forfeiture
11. Where an article is treated or condemned as forfeited under this Schedule, the
forfeiture is to be treated as having taken effect as from the time of the seizure.
Disposal of unclaimed property
12. (1) This paragraph applies where the article seized under the authority of a
warrant under section 31A is required to be returned to a person.
(2) If —
(a) the article is (without having been returned) still in the custody of
a constable after the end of the period of 12 months beginning
with the day after the requirement to return it arose; and
(b) it is not practicable to dispose of the article by returning it
immediately to the person to whom it is required to be returned,
the constable may dispose of it in any manner he or she thinks fit.
Anti-Terrorism and Crime Act 2003 Schedule 8A
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Provisions as to proof
13. In proceedings arising out of the seizure of an article, the fact, form and manner
of the seizure is to be taken, without further evidence and unless the contrary is shown,
to have been as set forth in the process.
14. In proceedings, the condemnation by a court of an article as forfeited under this
Schedule may be proved by the production of either —
(a) the order of condemnation; or
(b) a certified copy of the order purporting to be signed by an officer
of the court by which the order was made.
Special provisions as to certain claimants
15. (1) This paragraph applies where, at the time of the seizure of the article,
it was —
(a) the property of a body corporate;
(b) the property of 2 or more partners; or
(c) the property of more than 5 persons.
(2) The oath required by paragraph 8, and any other thing required by this
Schedule or by rules of court to be done by an owner of the article, may be sworn or
done by —
(a) a person falling within sub-paragraph (3); or
(b) a person authorised to act on behalf of a person so falling.
(3) The persons falling within this sub-paragraph are —
(a) where the owner is a body corporate, the secretary or some duly
authorised officer of that body;
(b) where the owners are in partnership, any one or more of the
owners;
(c) where there are more than 5 owners and they are not in
partnership, any 2 or more of the owners acting on behalf of
themselves and any of their co-owners who are not acting on their
own behalf.
Saving for owner’s rights
16. Neither the imposition of a requirement by virtue of this Schedule to return an
article to a person nor the return of an article to a person in accordance with such a
requirement affects —
(a) the rights in relation to that article of any other person; or
(b) the right of any other person to enforce his or her rights against
the person to whom it is returned.
SCHEDULE 8B
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SCHEDULE 8B
301
[Section 33(7)]
SEARCHES IN SPECIFIED AREAS OR PLACES:
SUPPLEMENTARY
1 Extent of search powers: supplementary
(1) A constable exercising the power conferred by an authorisation under
section 33 may not require a person to remove any clothing in public except for
headgear, footwear, an outer coat, a jacket or gloves.
(2) If a constable proposes to search a person or vehicle by virtue of section
33(2) or (3) he or she may detain the person or vehicle for such time as is reasonably
required to permit the search to be carried out at or near the place where the person or
vehicle is stopped.
2 Requirements as to writing
(1) Authorisation under section 33 given orally must be confirmed by the
Chief Constable in writing as soon as reasonably practicable.
(2) The written statement must be provided if —
(a) a vehicle or pedestrian is stopped by virtue of section 33(2) or (3);
and
(b) the driver of the vehicle or the pedestrian (as the case may be)
applies for a written statement that the vehicle or the pedestrian
was stopped by virtue of either of those provisions.
(3) An application under sub-paragraph (2) must be made within the period of 12
months beginning with the date on which the vehicle or pedestrian was stopped.
3 Duration of authorisations
(1) An authorisation under section 33 has effect during the period —
(a) beginning at the time when the authorisation is given; and
(b) ending with the specified date or at the specified time.
(2) However —
(a) the specified date or time must not occur after the end of the
period of 14 days beginning with the day on which the
authorisation is given;
(b) the Chief Constable must inform the Department of the
authorisation as soon as reasonably practicable;
(c) an authorisation ceases to have effect at the end of the period of 48
hours beginning with the time when it is given unless it is
confirmed by Department before the end of that period, but the
Anti-Terrorism and Crime Act 2003 SCHEDULE 8B
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ceasing does not affect the lawfulness of anything done in reliance
on it before the end of the period concerned.
(3) When confirming an authorisation, the Department may —
(a) substitute an earlier date or time for the specified date or time;
(b) substitute a more restricted area or place for the specified area or
place.
(4) The Department may cancel an authorisation with effect from a time
identified by it.
(5) The Chief Constable may —
(a) cancel an authorisation with effect from a time identified by the
officer concerned;
(b) substitute an earlier date or time for the specified date or time;
(c) substitute a more restricted area or place for the specified area or
place.
(6) However, any such cancellation or substitution in relation to an
authorisation confirmed by the Department under sub-paragraph (2)(c) does not
require confirmation by the Department.
(7) The existence, expiry or cancellation of an authorisation does not prevent
the giving of a new authorisation.
4 Specified areas or places
If an authorisation specifies more than one area or place —
(a) the Chief Constable’s power under paragraph 3(1)(b) to specify a
date or time includes a power to specify different dates or times
for different areas or places (and the other references in this
Schedule to the specified date or time are to be read accordingly);
and
(b) the power of the Department under paragraph 3(3)(b), and the
Chief Constable under paragraph 3(5)(c), includes a power to
remove areas or places from the authorisation.
5 Interpretation
In this Schedule —
“driver
” has the meaning given by section 32AA(4);
“specified
” means specified in an authorisation.
Schedule 9
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SCHEDULE 9
302
SCHEDULE 10
EXTENSION OF EXISTING DISCLOSURE POWERS
Section 56303
Enactments to which Section 56 applies
Agricultural Marketing Act 1934
Section 18(1)
Section 28(3)
Agricultural Wages Act 1952
Section 14A(4)
Agricultural Returns Act 1955
Section 2
Consumer Protection (Trade Descriptions) Act 1970
Section 28(5A)
Sea-Fisheries Act 1971
[Repealed]304
Fire Precautions Act 1975
Section 16(1) and (2)
Employment Agencies Act 1975
Section 8(4)
Misuse of Drugs Act 1976
Section 30A(4)
Energy Act 1980
Paragraph 7(1) of Schedule 2
Non-Resident Traders Act 1983
Paragraph 2(2) of Schedule 1A
Telecommunications Act 1984
Section 31(2)
Section 39(2)
Legal Aid Act 1986
Section 14(1)
Radio Masts Regulation Act 1988
Section 8(2)
Moneylenders Act 1991
Anti-Terrorism and Crime Act 2003 Schedule 11
c AT 6 of 2003 Page 179
Section 16(2)
Consumer Protection Act 1991
Section 34(2)
Section 47F(1)
Police Act 1993
Paragraph 12(1) of Schedule 1
Water Pollution Act 1993
Section 28(2)
Gas Regulation Act 1995
Section 13(2)
Timeshare Act 1996
Paragraph 4(1) of Schedule 1
Fair Trading Act 1996
Section 25(3)
Criminal Justice Act 1996
Section 2(4)
Estate Agents Act 1999
Paragraph 6 of the Schedule
Retirement Benefits Schemes Act 2000
Section 44(1)
Residence Act 2001
Section 15(2)
Minimum Wage Act 2001
Section 12(3)
Terrorism and Other Crime (Financial Restrictions) Act 2014
The whole Act305
SCHEDULE 11
AMENDMENT OF POLICE POWERS
Section 64
[Sch 11 amends the following Act —
Police Powers and Procedures Act 1998 q.v.]
SCHEDULE 12
EXERCISE OF OFFICERS’ POWERS
Schedule 12
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Page 180 AT 6 of 2003 c
Section 65
General
1. In this Schedule “an officer
” means —
(a) an authorised officer within the meaning given by
paragraph 19(1) of Schedule 3, and
(b) an examining officer within the meaning given by paragraph 1(1)
of Schedule 7.
2. An officer may enter a vehicle for the purpose of exercising any of the functions
conferred on him by virtue of this Act.
3. An officer may if necessary use reasonable force for the purpose of exercising a
power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of
Schedule 7).
Information
4. (1) Information acquired by an officer may be supplied —
(a) to the Governor for use in relation to immigration;
(b) to the Treasury for the purposes of any assigned matter within the
meaning of the Customs and Excise Management Act 1986 or a
customs officer;
(c) to a constable;
(d) to the Attorney General;
(e) to a person specified by order made by the Department for use of
a kind specified in the order.
(2) Information acquired by a customs officer or an immigration officer may
be supplied to an examining officer within the meaning of Schedule 7.
Code of practice
5. An officer shall perform functions conferred on him by virtue of this Act in
accordance with any relevant code of practice in operation under paragraph 6.
6. (1) The Department may issue codes of practice about the exercise by
officers of functions conferred on them by virtue of this Act.
(2) The failure by an officer to observe a provision of a code shall not of itself
make him liable to criminal or civil proceedings.
(3) The Department may bring a code into operation by order.
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SCHEDULE 13
SECURITY OF PATHOGENS AND TOXINS
Section 74
PART 1 - PATHOGENS, TOXINS AND DANGEROUS SUBSTANCES
[P2001/24/Sch 5]
Pathogens and toxins in relation to which Schedule applies.
1. (1) The requirements of this Schedule apply to the pathogens and toxins
specified in the following list —
VIRUSES
Chikungunya virus
Congo-crimean haemorrhagic fever virus
Dengue fever virus
Eastern equine encephalitis virus
Ebola virus
Hantaan virus
Japanese encephalitis virus
Junin virus
Lassa fever virus
Lymphocytic choriomeningitis virus
Machupo virus
Marburg virus
Monkey pox virus
Rift Valley fever virus
Tick-borne encephalitis virus (Russian Spring-Summer encephalitis virus)
Variola virus
Venezuelan equine encephalitis virus
Western equine encephalitis virus
Yellow fever virus
RICKETTSIAE
Bartonella quintana (Rochalimea quintana, Rickettsia quintana)
Coxiella burnetii
Rickettsia prowazeki
Rickettsia rickettsii
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BACTERIA
Bacillus anthracis
Brucella abortus
Brucella melitensis
Brucella suis
Burkholderia mallei (Pseudomonas mallei)
Burkholderia pseudomallei (Pseudomonas pseudomallei)
Chlamydophila psittaci
Clostridium botulinum
Francisella tularensis
Salmonella typhi
Shigella dysenteriae
Vibrio cholerae
Yersinia pestis
TOXINS
Aflatoxins
Botulinum toxins
Clostridium perfringens toxins
Conotoxin
Microcystin (Cyanginosin)
Ricin
Saxitoxin
Shiga toxin
Staphylococcus aureus toxins
Tetrodotoxin
Verotoxin
(2) Any reference in this Schedule to a micro-organism includes —
(a) any genetic material containing any nucleic acid sequence
associated with the pathogenicity of the micro-organism; and
(b) any genetically modified organism containing any such sequence.
(3) Any reference in this Schedule to a toxin includes —
(a) any genetic material containing any nucleic acid sequence for the
coding of the toxin; and
(b) any genetically modified organism containing any such sequence.
(4) Any reference in this Schedule to a toxin includes sub-units of the toxin.
Anti-Terrorism and Crime Act 2003 Schedule 13
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Power to modify paragraph 1 [P/2001/24/58(2) and (3)]
2. (1) The Department may by order modify any provision of paragraph 1.
(2) The Department may not add any pathogen or toxin to that paragraph
unless it is satisfied that the pathogen or toxin could be used in an act of terrorism to
endanger life or cause serious harm to human health.
Dangerous substances [P/2001/24/58(4) and (5)]
3. (1) In this Schedule “dangerous substance
” means —
(a) anything which consists of or includes a substance for the time
being mentioned in paragraph 1; or
(b) anything which is infected with or otherwise carries any such
substance.
(2) But something otherwise falling within sub-paragraph (1) is not to be
regarded as a dangerous substance if —
(a) it satisfies prescribed conditions; or
(b) it is kept or used in prescribed circumstances.
PART 2 – DUTY TO NOTIFY
[P/2001/24/59]
Duty to notify Department before keeping or using dangerous substances
4. (1) The occupier of any premises must give a notice to the Department
before any dangerous substance is kept or used there.
(2) Sub-paragraph (1) does not apply to premises in respect of which a
notice has previously been given under that sub-paragraph (unless it has been
withdrawn).
(3) The occupier of any premises in respect of which a notice has been given
may withdraw the notice if no dangerous substance is kept or used there.
(4) A notice under this paragraph must —
(a) identify the premises in which the substance is kept or used;
(b) identify any building or site of which the premises form part; and
(c) contain such other particulars (if any) as may be prescribed.
(5) The occupier of any premises in which any dangerous substance is kept
or used on the day on which this paragraph comes into operation must give a notice
under this paragraph before the end of the period of one month beginning with that
day.
(6) Where —
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(a) a substance which is kept or used in any premises becomes a
dangerous substance by virtue of a modification of paragraph 1,
but
(b) no other dangerous substance is kept or used there,
the occupier of the premises must give a notice under this paragraph before the end of
the period of one month beginning with the day on which that modification comes into
force.
PART 3 – INFORMATION ABOUT DANGEROUS SUBSTANCES
[P2001/24/60]
Information about security of dangerous substances
5. (1) A constable may give to the occupier of any relevant premises a notice
requiring him to give the Chief Constable such information as is specified or described
in the notice by a time so specified and in a form and manner so specified.
(2) The required information must relate to —
(a) any dangerous substance kept or used in the premises; or
(b) the measures taken (whether by the occupier or any other person)
to ensure the security of any such substance.
(3) In this Schedule references to measures taken to ensure the security of
any dangerous substance kept or used in any relevant premises include —
(a) measures taken to ensure the security of any building or site of
which the premises form part; and
(b) measures taken for the purpose of ensuring access to the
substance is given only to those whose activities require access
and only in circumstances that ensure the security of the
substance.
(4) In this Schedule “relevant premises
” means any premises —
(a) in which any dangerous substance is kept or used, or
(b) in respect of which a notice under paragraph 4 is in force.306
6. (1) A police officer of at least the rank of inspector may give to the occupier
of any relevant premises a notice requiring him to give the Chief Constable a list of —
(a) each person who has access to any dangerous substance kept or
used there;
(b) each person who, in such circumstances as are specified or
described in the notice, has access to such part of the premises as
is so specified or described;
(c) each person who, in such circumstances as are specified or
described in the notice, has access to the premises; or
Anti-Terrorism and Crime Act 2003 Schedule 13
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(d) each person who, in such circumstances as are specified or
described in the notice, has access to any building or site of which
the premises form part.
(2) A list under sub-paragraph (1) must be given before the end of the
period of one month beginning with the day on which the notice is given.
(3) Where a list under sub-paragraph (1) is given, the occupier of the
premises for the time being —
(a) must secure that only the persons mentioned in the list are given
the access identified in the list relating to them; but
(b) may give a supplementary list to the Chief Constable of other
persons to whom it is proposed to give access.
(4) Where a supplementary list is given under sub-paragraph (3)(b), the
occupier of the premises for the time being must secure that persons mentioned in that
list do not have the proposed access relating to them until the end of the period of 30
days beginning with the day on which that list is given.
(5) The Chief Constable may direct that a person may have such access
before the end of that period.
(6) The Department may by order modify the period mentioned in sub-
paragraph (4).
(7) Any list under this paragraph must —
(a) identify the access which the person has, or is proposed to have;
(b) state the full name of that person, his date of birth, his address
and his nationality; and
(c) contain such other matters (if any) as may be prescribed.
PART 4 – SECURITY DIRECTIONS
[P/2001/24/62]
Directions requiring security measures
7. (1) A constable may give directions to the occupier of any relevant premises
requiring him to take such measures to ensure the security of any dangerous substance
kept or used there as are specified or described in the directions by a time so specified.
(2) The directions may —
(a) specify or describe the substances in relation to the security of
which the measures relate; and
(b) require the occupier to give a notice to the Chief Constable before
any other dangerous substance specified or described in the
directions is kept or used in the premises.
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Directions requiring disposal of dangerous substances [P/2001/24/63]
8. (1) Where the Department has reasonable grounds for believing that
adequate measures to ensure the security of any dangerous substance kept or used in
any relevant premises are not being taken and are unlikely to be taken, it may give a
direction to the occupier of the premises requiring him to dispose of the substance.
(2) The direction must —
(a) specify the manner in which, and time by which, the dangerous
substance must be disposed of; or
(b) require the occupier to produce the dangerous substance to a
person specified or described in the notice in a manner and by a
time so specified for him to dispose of.
Directions requiring denial of access [P/2001/24/64]
9. (1) The Department may give directions to the occupier of any relevant
premises requiring him to secure that the person identified in the directions —
(a) is not to have access to any dangerous substance kept or used
there;
(b) is not to have, in such circumstances (if any) as may be specified
or described in the directions, access to such part of the premises
as is so specified or described;
(c) is not to have, in such circumstances (if any) as may be specified
or described in the directions, access to the premises; or
(d) is not to have, in such circumstances (if any) as may be specified
or described in the directions, access to any building or site of
which the premises form part.
(2) The directions must be given under the hand of the Minister.
(3) The Department may not give the directions unless the Minister believes
that they are necessary in the interests of national security.
PART 5 – ENFORCEMENT
[P/2001/24/65]
Powers of entry
10. (1) A constable may, on giving notice under this paragraph, enter any
relevant premises, or any building or site of which the premises form part, at a
reasonable time for the purpose of assessing the measures taken to ensure the security
of any dangerous substance kept or used in the premises.
Anti-Terrorism and Crime Act 2003 Schedule 13
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(2) The notice must be given to the occupier of the premises, or (as the case
may be) the occupier of the building or site of which the premises form part, at least 2
working days before the proposed entry.
(3) The notice must set out the purpose mentioned in sub-paragraph (1).
(4) A constable who has entered any premises, building or site by virtue of
sub-paragraph (1) may for the purpose mentioned in that sub-paragraph —
(a) search the premises, building or site;
(b) require any person who appears to the constable to be in charge of
the premises, building or site to facilitate any such inspection; and
(c) require any such person to answer any question.
(5) The powers of a constable under this paragraph include power to take
with him such other persons as appear to him to be necessary.
Search warrants [P/2001/24/66]
11. (1) If, on an application made by a constable, a justice of the peace is
satisfied that there are reasonable grounds for believing —
(a) that a dangerous substance is kept or used in any premises but
that no notice under paragraph 4 is in force in respect of the
premises, or
(b) that the occupier of any relevant premises is failing to comply
with any direction given to him under paragraph 7 or 8,
and that any of the conditions mentioned in sub-paragraph (3) apply, he may issue a
warrant authorising a constable to enter the premises, if necessary by force, and to
search them.
(2) A constable may seize and retain anything which he believes is or
contains a dangerous substance.
(3) The conditions mentioned in sub-paragraph (1) are —
(a) that it is not practicable to communicate with any person entitled
to grant entry to the premises;
(b) that it is practicable to communicate with a person entitled to
grant entry to the premises but it is not practicable to
communicate with any person entitled to grant access to any
substance which may be a dangerous substance;
(c) that entry to the premises will not be granted unless a warrant is
produced;
(d) that the purpose of a search may be frustrated or seriously
prejudiced unless a constable arriving at the premises can secure
immediate entry to them.
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Offences [P/2001/24/67]
12. (1) An occupier who fails without reasonable excuse to comply with any
duty or direction imposed on him by or under this Schedule is guilty of an offence.
(2) A person who, in giving any information to a person exercising functions
under this Schedule, knowingly or recklessly makes a statement which is false or
misleading in a material particular is guilty of an offence.
(3) A person guilty of an offence under this paragraph is liable —
(a) on conviction on information, to custody for a term not exceeding
5 years or a fine (or both); and
(b) on summary conviction, to custody for a term not exceeding 12
months or a fine not exceeding £5,000 (or both).307
Bodies corporate [P/2001/24/68]
13. (1) If an offence under this Schedule —
(a) is committed by a body corporate, and
(b) is proved to have been committed with the consent or connivance
of an officer or relevant employee, or to be attributable to any
neglect on his part,
he as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.
(2) In this paragraph —
“officer” includes —
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary,
(c) if the affairs of the body are managed by its members, a member
in connection with his functions of management, and
(d) in relation to a limited liability company constituted under the
Limited Liability Companies Act 1996, the company’s manager, the
registered agent and its members;
“relevant employee” means any employee of the body corporate who is in
charge of any relevant premises or the access to any dangerous substance
kept or used there.
Partnerships and unincorporated associations [P/2001/24/69]
14. (1) Proceedings for an offence alleged to have been committed by a
partnership or an unincorporated association must be brought in the name of the
partnership or association (and not in that of any of its members).
Anti-Terrorism and Crime Act 2003 Schedule 13
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(2) A fine imposed on the partnership or association on its conviction of an
offence is to be paid out of the funds of the partnership or association.
(3) Documents shall be served on the partnership or association as if it were
a body corporate and section 10 of the Criminal Jurisdiction Act 1993 and any other
enactments relating to the service of documents shall have effect accordingly.
(4) In proceedings for an offence brought against the partnership or
association —
(a) section 10 of the Criminal Jurisdiction Act 1993 (arraignment); and
(b) section 32 of the Summary Jurisdiction Act 1989 (procedure),
apply as they do in relation to a body corporate.
(5) If an offence under this Schedule committed by a partnership is shown to
have been committed with the consent or connivance of, or to be attributable to any
neglect on the part of —
(a) a partner or a person purporting to act as a partner, or
(b) any employee of the partnership who is in charge of any relevant
premises or the access to any dangerous substance kept or used
there,
he, as well as the partnership, is guilty of the offence and liable to be proceeded against
and punished accordingly.
(6) If an offence under this Schedule committed by an unincorporated
association is shown to have been committed with the consent or connivance of, or to
be attributable to any neglect on the part of —
(a) any officer, or
(b) any employee of the association who is in charge of any relevant
premises or the access to any dangerous substance kept or used
there,
he, as well as the association, is guilty of the offence and liable to be proceeded against
and punished accordingly.
(7) In sub-paragraph (6), “officer”, in relation to any association, means —
(a) any officer of the association or any member of its governing
body; or
(b) any person purporting to act in such a capacity.
PART 6 – APPEALS
[P/2001/24/70 and 71]
Denial of access: appeals
15. (1) Any person who is —
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(a) aggrieved by directions given under paragraph 9; or
(b) required to do any act in response to —
(i) any notice under paragraph 5, or
(ii) any directions under paragraph 7 or 8,
may appeal to the High Court.
(2) The High Court may allow an appeal under sub-paragraph (1) on a
question of law.
(3) The High Court must allow an appeal under sub-paragraph (1)(a) if it
considers that the decision to give the directions was flawed when considered in the
light of the principles applicable on an application for judicial review.
(4) The High Court may allow an appeal under sub-paragraph (1)(b) if it
considers, having regard to all the circumstances of the case, it is unreasonable to be
required to do the act concerned.
(5) An appeal may not be brought after the end of the period of one month
beginning with the day on which the notice or directions were given.
(6) If the High Court allows an appeal under sub-paragraph (1)(b), it may —
(a) direct that the required act need not be done;
(b) make such modification of the requirement as it considers
appropriate;
(c) make such other order as the court thinks fit.
(7) If the High Court allows an appeal under sub-paragraph (1)(a), it may —
(a) confirm, vary or revoke the directions;
(b) make such other order or declaration, or grant such relief as it
could have done in respect of an application for judicial review;
(c) make such other order as the court thinks fit.
Rules of court
16. Rules of court under section 25 of the High Court Act 1991 may be made to —
(a) regulate the exercise of the right of appeal under this paragraph;
(b) prescribe practice and procedure to be followed in relation to
appeal proceedings under this paragraph;
(c) secure that information is not disclosed contrary to the public
interest.
Anti-Terrorism and Crime Act 2003 Schedule 13
c AT 6 of 2003 Page 191
PART 7 – SUPPLEMENTARY
[P/2001/24/72]
Giving of directions or notices
17. Any direction or notice under this Schedule may be given by post.
Interpretation [P/2001/24/74]
18. (1) In this Schedule —
“dangerous substance
” has the meaning given in paragraph 3;
“direction
” means a direction in writing;
“notice
” means a notice in writing;
“occupier
” includes a partnership or unincorporated association and, in relation
to premises that are unoccupied, means any person entitled to occupy
the premises;
“prescribed
” means prescribed in regulations made by the Department;
“relevant premises
” has the meaning given in paragraph 5.
(2) In this Schedule references to measures taken to ensure the security of
any dangerous substance are to be construed in accordance with paragraph 5.
Power to extend Schedule to animal or plant pathogens, pests or toxic chemicals [P/2001/24/75]
19. (1) The Department may, in relation to anything to which this paragraph
applies, make an order applying, or making provision corresponding to, any provision
of this Schedule, with or without modifications.
(2) This paragraph applies to —
(a) toxic chemicals (within the meaning of the Chemical Weapons Act
1996 (an Act of Parliament));
(b) animal pathogens;
(c) plant pathogens; and
(d) pests.
(3) The power under this paragraph may be exercised in relation to any
chemical only if the Department is satisfied that the chemical could be used in an act of
terrorism to endanger life or cause serious harm to human health.
(4) The power under this paragraph may be exercised in relation to any
pathogen or pest only if the Department is satisfied that there is a risk that the
pathogen or pest is of a description that could be used in an act of terrorism to cause —
(a) widespread damage to property;
(b) significant disruption to the public; or
Schedule 13A
Anti-Terrorism and Crime Act 2003
Page 192 AT 6 of 2003 c
(c) significant alarm to the public.
(5) An order under this paragraph may —
(a) provide for any reference in the order to an instrument or other
document to take effect as a reference to that instrument or
document as revised or re-issued from time to time; and
(b) make such incidental and supplementary provision as the
Department thinks fit.
SCHEDULE 13A
308
CONVENTION OFFENCES
[P2006/11/20(9) & Sch 1]
Section 75(1)
Explosive offences
1. An offence under any of the following provisions of the Explosive Substances Act
1883 —
(a) section 2 (causing an explosion likely to endanger life);
(b) section 3 (preparation of explosions);
(c) section 5 (ancillary offences).
Biological weapons
2. An offence under section 1 (biological agents and weapons) of the Biological
Weapons Act 1974 (of Parliament).
Offences against internationally protected persons
3. (1) An offence mentioned in section 1(1)(a) of the Internationally Protected
Persons Act 1978 (of Parliament) (attacks against protected persons committed outside
the Island) which is committed (whether in the Island or elsewhere) in relation to a
protected person.
(2) An offence mentioned in section 1(1)(b) of that Act (attacks on relevant
premises etc) which is committed (whether in the Island or elsewhere) in connection
with an attack —
(a) on relevant premises or on a vehicle ordinarily used by a
protected person; and
(b) at a time when a protected person is in or on the premises or
vehicle.
(3) An offence under section 1(3) of that Act (threats etc in relation to
protected persons).
Anti-Terrorism and Crime Act 2003 Schedule 13A
c AT 6 of 2003 Page 193
(4) Expressions used in this paragraph and section 1 of that Act have the
same means in this paragraph as in that section.
Hostage-taking
4. An offence under section 1 of the Taking of Hostages Act 1982 (of Parliament)
(hostage-taking).
Hijacking and other offences against aircraft
5. Offences under any of the following provisions of the Aviation Security Act
1982 (of Parliament) —
(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 6(2) (ancillary offences).
Offences involving nuclear material
6. (1) An offence mentioned in section 1(1)(a) to (d) of the Nuclear Material
(Offences) Act 1983 (of Parliament) (offences in relation to nuclear material committed
outside the Isle of Man) which is committed (whether in the Isle of Man or elsewhere)
in relation to or by means of nuclear material.
(2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act
making the person guilty of the offence (whether done in the Island or elsewhere) —
(a) is directed at a nuclear facility or interferes with the operation of
such a facility; and
(b) causes death, injury or damage resulting from the emission of
ionising radiation or the release of radioactive material.
(3) An offence under any of the following provisions of that Act —
(a) section 1B (offences relating to damage to environment);
(b) section 1C (offences of importing or exporting etc nuclear
material: extended jurisdiction);
(c) section 2 (offences involving preparatory acts and threats).
(4) Expressions used in this paragraph and that Act have the same meanings
in this paragraph as in that Act.
7. (1) Any of the following offences under the Customs and Excise Management
Act 1986 —
(a) an offence under section 47(2) or (3) (improper importation of
goods) in connection with a prohibition or restriction relating to
the importation of nuclear material;
Schedule 13A
Anti-Terrorism and Crime Act 2003
Page 194 AT 6 of 2003 c
(b) an offence under section 69(2) (exportation of prohibited or
restricted goods) in connection with a prohibition or restriction
relating to the exportation or shipment as stores of nuclear
material;
(c) an offence under section 178(1) or (2) (fraudulent evasion of duty)
in connection with a prohibition or restriction relating to the
importation, exportation or shipment as stores of nuclear material.
(2) In this paragraph “nuclear material” has the same meaning as in the
Nuclear Material (Offences) Act 1983 (of Parliament) (see section 6 of that Act).
Offences relating to aviation and maritime security
8. (1) An offence under section 1 of the Aviation and Maritime Security Act
1990 (of Parliament) (endangering safety at aerodromes).
(2) Offences under any of the following provisions of the Maritime Security
Act 1995 —
(a) section 1 (hijacking of ships);
(b) section 2 (seizing or exercising control of fixed platforms);
(c) section 3 (destroying ships or fixed platforms or endangering their
safety);
(d) section 4 (other acts endangering or likely to endanger safe
navigation);
(e) section 5 (offences involving threats relating to ships or fixed
platforms);
(f) section 6 (ancillary offences).
Offences involving chemical weapons
9. An offence under section 2 of the Chemical Weapons Act 1996 (of Parliament)
(use, development etc of chemical weapons).
Terrorist funds
10. An offence under any of the following provision of this Act —
(a) section 7 (terrorist fund-raising);
(b) section 8 (use or possession of terrorist funds);
(c) section 9 (facilitating funding for terrorism);
(d) section 10 (money laundering of terrorist funds).
Directing terrorist organisation
11. An offence under section 44 (directing a terrorist organisation) of this Act.
Anti-Terrorism and Crime Act 2003 Schedule 13A
c AT 6 of 2003 Page 195
Offences involving nuclear weapons
12. An offence under section 49B (use etc of nuclear weapons) of this Act.
Conspiracy etc
13. Any of the following offences —
(a) conspiracy to commit a Convention offence;
(b) inciting the commission of a Convention offence;
(c) attempting to commit a Convention offence;
(d) aiding, abetting, counselling or procuring the commission of a
Convention offence.
14. The Department may by order —
(a) amend this Schedule so as to add an offence to the offences listed
in this Schedule;
(b) amend this Schedule so as to remove an offence from the offences
so listed;
(c) make supplemental, incidental, consequential or transitional
provision in connection with the addition or removal of an
offence.
Interpretation
15. In this Schedule, a reference to an Act of Parliament, or a provision of an Act of
Parliament, is a reference to that Act, or a provision of that Act, as it has effect in the
Island.
Schedule 14
Anti-Terrorism and Crime Act 2003
Page 196 AT 6 of 2003 c
SCHEDULE 14
CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS
Section 79
[Sch 14 amended by Proceeds of Crime Act 2008 Sch 9, and amends the
following Acts —
Theft Act 1981 q.v.
Custody Act 1995 q.v.
Drug Trafficking Act 1996 q.v.
Police Powers and Procedures Act 1998 q.v.
Children and Young Persons Act 2001 q.v.]
SCHEDULE 15
REPEALS
Section 79
[Sch 15 repeals the following Acts wholly —
Prevention of Terrorism Act 1990
Prevention of Terrorism (Amendment) Act 1992
and the following Acts in part —
Custody Act 1995
Criminal Justice Act 1996
Law Reform Act 1997
Criminal Justice (Money Laundering Offences) Act 1998
Police Powers and Procedures Act 1998
Children and Young Persons Act 2001.]
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 197
ENDNOTES
Table of Legislation History
Legislation Year and No Commencement
Table of Renumbered Provisions
Original Current
Table of Endnote References
1
Subs (1) substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 2
Para (f) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 4(4) and
repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch 3. 3
Para (g) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 4(4) and
repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch 3. 4
Subs (3) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 5
Subs (6) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 4(5). 6
Subs (7) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 4(5). 7
Subs (4) substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 8
Subs (5) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 5. 9
Subs (6) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 5. 10
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 11
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 12
Subpara (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 13
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 14
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 15
Subpara (iii) amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 16
S 9 substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s 6. 17
Para (aa) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 7(3).
Endnotes Anti-Terrorism and Crime Act 2003
Page 198 AT 6 of 2003 c
18
Para (ab) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 7(3). 19
Subs (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 7(2). 20
Subs (2) inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 21
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 22
Subs (4) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 7(5). 23
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 8. 24
Subs (2) amended by Financial Intelligence Unit Act 2016 Sch 3. 25
Para (a) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 26
Para (b) repealed by Financial Intelligence Unit Act 2016 Sch 3. 27
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 28
Subs (1) amended by Financial Intelligence Unit Act 2016 Sch 3. 29
Subs (2) amended by Financial Intelligence Unit Act 2016 Sch 3. 30
Subs (4) amended by Financial Intelligence Unit Act 2016 Sch 3. 31
Subs (5) repealed by Financial Intelligence Unit Act 2016 Sch 3. 32
Subs (1) amended by Financial Intelligence Unit Act 2016 Sch 3. 33
Subs (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 9(2) and by
Financial Intelligence Unit Act 2016 Sch 3. 34
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 9(3). 35
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 9(4) and by
Financial Intelligence Unit Act 2016 Sch 3. 36
Para (b) amended by Financial Intelligence Unit Act 2016 Sch 3. 37
Subs (6) amended by Financial Intelligence Unit Act 2016 Sch 3. 38
Subs (7) repealed by Anti-Terrorism and Crime (Amendment) Act 2011 s 9(5). 39
Subs (4) amended by Financial Intelligence Unit Act 2016 Sch 3. 40
Subs (10) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 41
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 42
Subs (14) repealed by Financial Intelligence Unit Act 2016 Sch 3. 43
Subs (4) amended by Financial Intelligence Unit Act 2016 Sch 3. 44
Subs (7) repealed by Financial Intelligence Unit Act 2016 Sch 3. 45
S 15A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 10. 46
S 16 substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s 11. 47
S 16A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 11. 48
S 16B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 11. 49
S 16C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 11. 50
S 18A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 51
S 18B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 52
S 18C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 53
S 18D inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 54
S 18E inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12.
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 199
55
S 18F inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 56
S 18G inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 57
S 18H inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 58
S 18I inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 59
S 18J inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 60
S 18K inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 61
S 18L inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 62
S 18M inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 63
S 18N inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 64
S 18O inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 65
S 18P inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 66
S 18Q inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 67
S 18R inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 68
S 18S inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 69
S 18T inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 70
S 18U inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 71
S 18V inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 72
S 18W inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 12. 73
S 24 amended by Terrorism and Other Crimes (Financial Restrictions) Act 2014 Sch 3. 74
S 26 heading amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 75
Subs (1) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 76
Subs (2) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 77
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 78
Subs (6) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 79
S 27 heading amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 80
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 81
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 13. 82
S 31A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 14. 83
Subs (5) inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 84
Subs (6) inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 85
Subs (7) inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 86
S 32AA inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 87
Cross-heading inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15.
Endnotes Anti-Terrorism and Crime Act 2003
Page 200 AT 6 of 2003 c
88
S 32A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 89
S 32B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 90
S 32C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 91
S 32D inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 92
S 32E inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 93
S 32F inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 94
S 32G inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 95
S 32H inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 96
S 32I inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 15. 97
Cross heading substituted by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 98
S 33 substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 99
Cross heading inserted by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 100
S 34 substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 101
S 35 substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 102
S 36 substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 103
S 36A inserted by by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 104
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 105
Subss (8) to (10) repealed by Anti-Terrorism and Crime (Amendment) Act 2011 s 17. 106
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 18.
Ed. note: The amendment in s 18 of the Anti-Terrorism and Crime (Amendment) Act
2011 (for 10 years substitute 15 years) does not apply to offences committed before the
commencement of that section see s 53(1) (operative 13/7/2011 see SD515/11). 107
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 108
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 109
Subss (5) to (7) repealed by Anti-Terrorism and Crime (Amendment) Act 2011 s 19. 110
S 46A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 20. 111
S 46B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 20. 112
S 46C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 20. 113
S 46D inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 20. 114
Cross-heading inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 21. 115
S 47A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 21. 116
S 47B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 21. 117
S 47C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 21. 118
S 47D inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 21. 119
S 49 heading amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 22(4).
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 201
120
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 22(2). 121
Subs (3) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 22(3). 122
S 49 amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 22(4). Subs (4)
added by Anti-Terrorism and Crime (Amendment) Act 2011 s 22(3). 123
S 49A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 23. 124
Part VIA inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 125
S 49B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 126
S 49C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 127
S 49D inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 128
S 49E inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 129
S 49F inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 130
S 49G inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 131
S 49H inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 24. 132
Part VII repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 4. 133
Ss 50 to 55 repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 4. 134
Para (b) amended by SD0606/12. 135
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 136
Para (e) repealed by Anti-Terrorism and Crime (Amendment) Act 2011 s 28(2). 137
Subs (8) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 28(3). 138
Subs (10) repealed by Anti-Terrorism and Crime (Amendment) Act 2011 s 28(4). 139
S 58A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 29. 140
Para (aa) inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 141
Para (c) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 30(2). 142
Para (e) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 30(3). 143
Para (f) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 30(3). 144
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 145
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 146
Part IXA inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 31. 147
S 62A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 31. 148
S 62B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 31. 149
S 62C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 31. 150
Subpara (4) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 151
Subs (1A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 32(2). 152
Subs (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 32(3). 153
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 32(4). 154
Subs (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 33. 155
S 72A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 34. 156
S 72B inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 34. 157
S 72C inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 34.
Endnotes Anti-Terrorism and Crime Act 2003
Page 202 AT 6 of 2003 c
158
Part XI heading repealed by Bribery Act 2013 Sch 2. 159
S 73 repealed by Corruption Act 2008 Sch 2. 160
Definition of “atomic energy” inserted by Anti-Terrorism and Crime (Amendment)
Act 2011 s 35(1)(b). 161
Definition of “Convention offence” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(b). 162
Definition of “FIU” inserted by Financial Intelligence Unit Act 2016 Sch 3. 163
Definition of “GCHQ” inserted by Anti-Terrorism and Crime (Amendment) Act
2011 s 35(1)(c). 164
Definition of “intelligence services” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(d). 165
Definition of “international organisation” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(d). 166
Definition of “nuclear facility” inserted by Anti-Terrorism and Crime (Amendment)
Act 2011 s 35(1)(d). 167
Definition of “nuclear material” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(d). 168
Definition of “nuclear reactor” inserted by Anti-Terrorism and Crime (Amendment)
Act 2011 s 35(1)(d). 169
Definition of “property” substituted by Terrorism and Crime (Miscellaneous
Amendments) Act 2016 s 6. 170
Definition of “public” inserted by Anti-Terrorism and Crime (Amendment) Act 2011
s 35(1)(e). 171
Definition of “radioactive device” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(f). 172
Definition of “radioactive material” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(f). 173
Definition of “record” inserted by Anti-Terrorism and Crime (Amendment) Act 2011
s 35(1)(f). 174
Definition of “search powers code” inserted by Terrorism and Other Crime
(Financial Restrictions) Act 2014 Sch 3. 175
Definition of “transportation device” inserted by Anti-Terrorism and Crime
(Amendment) Act 2011 s 35(1)(g). 176
Definition of “uranium enriched in the isotope 235 or 233" inserted by Anti-
Terrorism and Crime (Amendment) Act 2011 s 35(1)(g). 177
S 75 amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 35(1)(a). Subs
(2) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 35(2). 178
Table amended by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3 and by Financial Intelligence Unit Act 2016 Sch 3. 179
S 76 amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 36. 180
S 76A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 37. 181
S 76B inserted by Terrorism and Crime (Miscellaneous Amendments) Act 2016 s 7.
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 203
182
Subs (2) amended by SD 861/11 and by Terrorism and Other Crime (Financial
Restrictions) Act 2014 Sch 4.. 183
Subs (2A) inserted by Terrorism and Crime (Miscellaneous Amendments) Act 2016 s
8. 184
Subs (3) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 38. 185
S 82 heading substituted by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 186
S 82 substituted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 187
Sch 1 repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch 4. 188
Definition of “charging order” added by Anti-Terrorism and Crime (Amendment)
Act 2011 s 41(2)(a). 189
Definition of ‘forfeiture order’ amended by Anti-Terrorism and Crime
(Amendment) Act 2011 s 41(2)(b). 190
Definition of ‘relevant offence’ added by Anti-Terrorism and Crime (Amendment)
Act 2011 s 41(2)(c). 191
Definition of ‘restraint order’ added by Anti-Terrorism and Crime (Amendment)
Act 2011 s 41(2)(c). 192
Item (d) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(3). 193
Subpara (1A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(4). 194
Item (c) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(5). 195
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(6). 196
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(6). 197
Subpara (4) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(6). 198
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(7). 199
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(7). 200
Subpara (3) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(8). 201
Cross-heading inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s
41(9). 202
Para 8A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(9). 203
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(10). 204
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(11). 205
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(11). 206
Subpara (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(11).
Item (c) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(11). 207
Item (a) substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(12). 208
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(12). 209
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(13). 210
Cross-heading amended by Anti-Terrorism and Crime (Amendment) Act 2011 s
41(15). 211
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(14). 212
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(14).
Endnotes Anti-Terrorism and Crime Act 2003
Page 204 AT 6 of 2003 c
213
Subpara (5) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(14). 214
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(16). 215
Subpara (4) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(17). 216
Cross-heading amended by Anti-Terrorism and Crime (Amendment) Act 2011 s
41(19). 217
Definition of ‘British Islands or external insolvency practitioner’ amended by Anti-
Terrorism and Crime (Amendment) Act 2011 s 41(18). 218
Definition of ‘relevant country or territory’ repealed by Anti-Terrorism and Crime
(Amendment) Act 2011 s 41(18). 219
Subpara (5) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 41(17). 220
Sch 2A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 42. 221
Subpara (1A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 43(2).
Ed. note: The amendment in s 43(2) of the Anti-Terrorism and Crime (Amendment) Act
2011 {insertion of para 3(1A)} applies only in relation to cash seized after that
provision come into operation see s 53(2) (operative 13/7/2011 see SD515/11). 222
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 43(3).
Ed. note: The amendment in s 43(3) of the Anti-Terrorism and Crime (Amendment) Act
2011 {application of para 3(1A)} applies only in relation to cash seized after that
provision come into operation see s 53(2) (operative 13/7/2011 see SD515/11). 223
Cross-heading substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s
43(4). 224
Para 7 substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s 43(4).
Ed. note: The amendment in s 43(4) of the Anti-Terrorism and Crime (Amendment) Act
2011{substitution of para 7} applies where the order or decision of the High Court
against which the appeal is brought is made or given after that provision comes into
operation see s 53(3) (operative 13/7/2011 see SD515/11). 225
Cross-heading inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s
43(4). 226
Para 7A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 43(4).
Ed. note: The amendment in s 43(4) of the Anti-Terrorism and Crime (Amendment) Act
2011 {insertion of para 7A} applies where the order or decision of the High Court
against which the appeal is brought is made or given after that provision comes into
operation see s 53(3) (operative 13/7/2011 see SD515/11). 227
Subpara (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 43(3).
Ed. note: The amendment in s 43(3) of the Anti-Terrorism and Crime (Amendment) Act
2011 { application of para 3(1A)} applies only in relation to cash seized after that
provision come into operation see s 53(2) (operative 13/7/2011 see SD515/11). 228
Item (a) amended by Financial Services Act 2008 Sch 6. 229
Item (a) amended by Insurance Act 2008 Sch 8. 230
Item (a) substituted by Financial Services Act 2008 Sch 6. 231
Item (d) substituted by Financial Services Act 2008 Sch 6. 232
Item (f) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 44(a). 233
Item (i) amended by Insurance Act 2008 Sch 8.
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 205
234
Item (j) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 44(b). 235
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 44(c). 236
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 44(c). 237
Item (b) substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s 44(d). 238
Sch 4A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 45. 239
Sch 5 heading amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 240
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(2). 241
Subpara (2A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(3). 242
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(4). 243
Item (d) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(4). 244
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(5). 245
Para 2A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(6). 246
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 247
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 248
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 249
Subpara (5) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 250
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 251
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 252
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 253
Item (b) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 254
Subpara (2) amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 255
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 256
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 257
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(8). 258
Subpara (3A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(9). 259
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7)
and (10). 260
Subpara (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7)
and (10). 261
Subpara (2A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(11). 262
Subpara (2B) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(11). 263
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(12). 264
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 46(7). 265
Subpara (2) amended by Terrorism and Other Crime (Financial Restrictions) Act
2014 Sch 3. 266
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 267
Subpara (5) amended by Anti-Terrorism and Crime (Amendment) Act 2011 ss 46(13)
and 52. 268
Subpara (5) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52.
Endnotes Anti-Terrorism and Crime Act 2003
Page 206 AT 6 of 2003 c
269
Para 17 inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3. 270
Item (b) amended by Terrorism and Other Crime (Financial Restrictions) Act 2014
Sch 3. 271
Para 3 amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 47(a). 272
Para 5 amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 47(a). 273
Item (a) substituted by Financial Services Act 2008 Sch 6. 274
Item (d) substituted by Financial Services Act 2008 Sch 6. 275
Item (f) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 47(b). 276
Item (i) amended by Insurance Act 2008 Sch 8. 277
Item (j) added by Anti-Terrorism and Crime (Amendment) Act 2011 s 47(c). 278
Subpara (1) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 47(d). 279
Subpara (3) amended by Anti-Terrorism and Crime (Amendment) Act 2011 ss 47(d)
and 52. 280
Sub-para (5) amended by SD 861/11. 281
Sub-para (1) amended by SD 861/11. 282
Sub-para (1) amended by SD 861/11. 283
Sub-para (1) amended by SD 861/11. 284
Sub-para (4) amended by SD 861/11. 285
Item (a) amended by Criminal Justice, Police Powers and Other Amendments Act
2014 Sch 3. 286
Item (c) amended by Criminal Justice, Police Powers and Other Amendments Act
2014 Sch 3. 287
Item (d) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(2) and
by Criminal Justice, Police Powers and Other Amendments Act 2014 Sch 3. 288
Subpara (5) substituted by Proceeds of Crime Act 2008 Sch 7. 289
Subpara (5A) inserted by Proceeds of Crime Act 2008 Sch 7. 290
Subpara (9) amended by Criminal Justice, Police Powers and Other Amendments
Act 2014 Sch 3. 291
Subpara (3) substituted by Anti-Terrorism and Crime (Amendment) Act 2011 s
48(3). 292
Item (ba) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(4).
Ed. note: see s 53(4). The amendment made by s 48(4) of the Anti-Terrorism and Crime
(Amendment) Act 2011 does not apply in a case in which —
(a) the arrest of the person detained under section 30 of the Anti-
Terrorism and Crime Act 2003 took place before the
commencement of those provisions;
(b) a person’s examination under Schedule 7 (port controls) to that
Act began before the commencement of those provisions.
(Section 48(4) operative 13/7/2011 see SD515/11.) 293
Subpara (4) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(5).
Anti-Terrorism and Crime Act 2003 Endnotes
c AT 6 of 2003 Page 207
Ed. note: see s 53(4). The amendment made by s 48(5) of the Anti-Terrorism and Crime
(Amendment) Act 2011 does not apply in a case in which —
(a) the arrest of the person detained under section 30 of the Anti-
Terrorism and Crime Act 2003 took place before the
commencement of those provisions;
(b) a person’s examination under Schedule 7 (port controls) to that
Act began before the commencement of those provisions.
(Section 48(5) operative 13/7/2011 see SD515/11.) 294
Item (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(6).
Ed. note: see s 53(4) The amendment made by s 48(6) of the Anti-Terrorism and Crime
(Amendment) Act 2011 does not apply in a case in which —
(a) the arrest of the person detained under section 30 of the Anti-
Terrorism and Crime Act 2003 took place before the
commencement of those provisions;
(b) a person’s examination under Schedule 7 (port controls) to that
Act began before the commencement of those provisions.
(Section 48(6) operative 13/7/2011 see SD515/11.) 295
Subpara (1A) inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(7).
Ed. note: see s 53(4). The amendment made by s 48(7) of the Anti-Terrorism and Crime
(Amendment) Act 2011 does not apply in a case in which —
(a) the arrest of the person detained under section 30 of the Anti-
Terrorism and Crime Act 2003 took place before the
commencement of those provisions;
(b) a person’s examination under Schedule 7 (port controls) to that
Act began before the commencement of those provisions.
(Section 48(7) operative 13/7/2011 see SD515/11.) 296
Subpara (2) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(8).
Ed. note: see s 53(4). The amendment made by s 48(8) of the Anti-Terrorism and Crime
(Amendment) Act 2011 does not apply in a case in which —
(a) the arrest of the person detained under section 30 of the Anti-
Terrorism and Crime Act 2003 took place before the
commencement of those provisions;
(b) a person’s examination under Schedule 7 (port controls) to that
Act began before the commencement of those provisions.
(Section 48(8) operative 13/7/2011 see SD515/11.) 297
Item (c) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 48(9). 298
Subpara (3) substituted by Proceeds of Crime Act 2008 Sch 7. 299
Subpara (3A) inserted by Proceeds of Crime Act 2008 Sch 7. 300
Sch 8A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 49. 301
Sch 8B inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch
3.
Endnotes Anti-Terrorism and Crime Act 2003
Page 208 AT 6 of 2003 c
302
Sch 9 repealed by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch 4. 303
Sch 10 amended by Life Assurance (Insurable Interest) Act 2004 Sch 3. by Financial
Services Act 2008 Sch 7 (with savings see para 5 of Sch 8) and by Insurance Act 2008
Sch 9. 304
Entry relating to the Sea Fisheries Act 1971 repealed by Fisheries Act 2012 Sch 3. 305
Entry relating to Terrorism and Other Crime (Financial Restrictions) Act 2014
inserted by Terrorism and Other Crime (Financial Restrictions) Act 2014 Sch 3. 306
Information about persons with access to dangerous substances [P/2001/24/61] 307
Item (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 52. 308
Sch 13A inserted by Anti-Terrorism and Crime (Amendment) Act 2011 s 51.
