Terrorism Act 2006

Preparation of terrorist acts and terrorist training

5 Preparation of terrorist acts

(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 engages in any conduct in preparation for giving effect to his 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, acts of terrorism of a particular description or acts of terrorism generally.

(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

6 Training for terrorism

(1) A person commits an offence if—

(a) he provides instruction or training in any of the skills mentioned in subsection (3); and

(b) at the time he provides the instruction or training, he knows that a person receiving it intends to use the skills in which he 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 receives instruction or training in any of the skills mentioned in subsection (3); and

(b) at the time of the instruction or training, he intends to use the skills in which he 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.

(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 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 guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

(6) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.

(7) In this section—

• “noxious substance” means—

  (a)

  a dangerous substance within the meaning of Part 7 of the Anti-terrorism, Crime and Security Act 2001 (c. 24); 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.

7 Powers of forfeiture in respect of offences under s. 6

(1) A court before which a person is convicted of an offence under section 6 may order the forfeiture of anything the court considers to have been in the person’s possession for purposes connected with the offence.

(2) Before making an order under subsection (1) in relation to anything the court must give an opportunity of being heard to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.

(3) An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (disregarding any power to grant permission for the bringing of an appeal out of time) of the order’s being varied or set aside on appeal.

(4) Where a court makes an order under subsection (1), it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture.

(5) That provision may include, in particular, provision relating to the retention, handling, destruction or other disposal of what is forfeited.

(6) Provision made by virtue of this section may be varied at any time by the court that made it.

8 Attendance at a place used for terrorist training

(1) A person commits an offence if—

(a) he attends at any place, whether in the United Kingdom or elsewhere;

(b) while he is at that place, instruction or training of the type mentioned in section 6(1) of this Act or section 54(1) of the Terrorism Act 2000 (c. 11) (weapons training) 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 that person.

(2) The requirements of this subsection are satisfied in relation to a person if—

(a) he 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 that 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 himself; 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 indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

(5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.

(6) References in this section to instruction or training being provided include references to its being made available.