Criminal Justice (Terrorist Offences) Act 2005

SCHEDULE 2

Offences for purposes of Definitions of “Terrorist Activity” and “Terrorist-Linked Activity”

PART 1

( Paragraph (a) of definition of “terrorist activity”)

Common law offences

1. The following common law offences:

(a) murder;

(b) manslaughter;

(c) rape.

Non-fatal offences against the person

2. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997 :

(a) section 3 (assault causing harm);

(b) section 4 (assault causing serious harm);

(c) section 6 (syringe and other attacks);

(d) section 12 (poisoning);

(e) section 13 (endangerment);

(f) section 14 (endangering traffic);

(g) section 15 (false imprisonment).

Offence of torture

3. Any offence under section 2 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 .

Sexual offences

4. An offence under any of the following provisions of the Criminal Law (Rape) (Amendment) Act 1990 :

(a) section 2 (sexual assault);

(b) section 3 (aggravated sexual assault);

(c) section 4 (rape under section 4).

Criminal damage

5. Any offence under section 2 (damaging property) of the Criminal Damage Act 1991 .

Malicious damage

6. An offence under any of the following provisions of the Malicious Damage Act 1861:

(a) section 35 (maliciously obstructing railways);

(b) section 36 (obstructing engines or carriages on railways);

(c) section 37 (damaging telegraphs);

(d) section 48 (removing or concealing buoys, etc.).

Offences relating to aircraft and vehicles

7. An offence under any of the following provisions:

(a) section 11 of the Air Navigation and Transport Act 1973 (unlawful seizure of aircraft);

(b) section 3 of the Air Navigation and Transport Act 1975 (unlawful acts against the safety of aviation);

(c) section 10 of the Criminal Law (Jurisdiction) Act 1976 (unlawful seizure of vehicles, etc.).

F21 [ Offences relating to maritime navigation and fixed platforms located on the continental shelf

7A. Any offence under section 2 of the Maritime Security Act 2004 . ]

Offences relating to explosives

8. An offence under any of the following provisions of the Explosive Substances Act 1883:

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

(b) section 3 (making or possessing, etc., explosives with intent to endanger life or property);

(c) section 4(1) (making or possessing explosives in suspicious circumstances).

Offences relating to firearms and other weapons

9. An offence under any of the following provisions:

(a) section 2 of the Firearms Act 1925 (restrictions on possession, use and carriage of firearms);

(b) section 10 of the Firearms Act 1925 (restrictions on manufacture and sale of firearms);

(c) section 15 of the Firearms Act 1925 (possessing firearms or ammunition with intent to endanger life or cause serious injury to property);

(d) section 26 of the Firearms Act 1964 (possessing firearms while taking vehicle without authority);

(e) section 27 of the Firearms Act 1964 (using firearms to resist arrest or aid escape);

(f) section 27A of the Firearms Act 1964 (possessing firearms or ammunition in suspicious circumstances);

(g) section 27B of the Firearms Act 1964 (carrying firearms with criminal intent).

Offences relating to chemical weapons, nuclear material and other dangerous substances

10. An offence under any of the following provisions:

(a)    section 3 of the Chemical Weapons Act 1997 (chemical weapons);

(b) section 4 of the Chemical Weapons Act 1997 (possession of listed toxic chemicals and precursors);

(c) section 38 of the Radiological Protection Act 1991 (offences relating to nuclear material);

(d) F22 [ ]

F23 [ (e) section 55 of the Communications Regulation (Postal Services) Act 2011 (prohibition on sending certain articles by post); ]

F24 [ (f) section 2 of the Biological Weapons Act 2011 (development, etc. of biological weapons). ]

Offences under this Act

11. An offence under any of the following provisions of this Act:

(a) section 9 (offence of hostage-taking);

(b) section 10 (offence of terrorist bombing);

(c) section 11 F25 [ (offences against internationally protected persons); ]

F26 [ (d) section 13 (offence of financing terrorism). ]

Annotations:

Amendments:

F21

Inserted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 11(a), commenced as per s. 12(3).

F22

Deleted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2 item 7(a), commenced on enactment.

F23

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2 item 7(b), commenced on enactment.

F24

Inserted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 11(b), commenced as per s. 12(3).

F25

Substituted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 11(c)(i), commenced as per s. 12(3).

F26

Inserted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 11(c)(ii), commenced as per s. 12(3).

PART 2

( Paragraph (a)(i) of definition of “terrorist-linked activity”)

Aggravated burglary and robbery

12. An offence under any of the following provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 :

(a)  section 13 (aggravated burglary);

(b)  section 14 (robbery).

Blackmail, extortion, etc.

13. Any offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994 .

PART 3

( Paragraph (b)(i) of definition of “terrorist-linked activity”)

Forgery Offences

14. An offence under any of the following provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 in so far as that offence relates to an instrument within the meaning of paragraph ( a), ( e), ( f), ( j), ( k), ( l), ( m), ( n), ( o) or ( p) of the definition of “instrument” in section 24 of that Act:

(a)  section 25 (forgery);

(b)  section 26 (using a false instrument);

(c)  section 27 (copying false instrument);

(d)  section 28 (using copy of false instrument);

(e)  section 29 (custody or control of certain false instruments, etc.).