Criminal Justice (Terrorist Offences) Act 2005

Definitions for Part 2.

4

4.1 [ (1) ] In this Part—

1 [ Framework Decision means Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism 2 , the text of which is set out for convenience of reference in

(a) Part 1 of Schedule 1, in the case of the Irish language text, and

(b) Part 2 of Schedule 1, in the case of the English language text,

as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism 3 , the English language text of which is set out for convenience of reference in Schedule 1A; ]

1 [ Prevention of Terrorism Convention means the Council of Europe Convention on the Prevention of Terrorism, done at Warsaw on 16 May 2005, the English language text of which is set out for convenience of reference in Schedule 1B;

public provocation to commit a terrorist offence shall be construed in accordance with section 4A;

recruitment for terrorism shall be construed in accordance with section 4B; ]

“terrorist activity” means an act that is committed in or outside the State and that—

( a) if committed in the State, would constitute an offence specified in Part 1 of Schedule 2, and

( b) is committed with the intention of—

(i) seriously intimidating a population,

(ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

(iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation;

“terrorist group” has the same meaning as in the Framework Decision;

1 [ terrorist-linked activity , subject to subsections (2) and (3), means

(a) an act that is committed in or outside the State and that

(i) if committed in the State, would constitute an offence specified in Part 2 of Schedule 2, and

(ii) is committed with a view to engaging in a terrorist activity,

(b) an act that is committed in or outside the State and that

(i) if committed in the State, would constitute an offence specified in Part 3 of Schedule 2, and

(ii) is committed with a view to engaging in a terrorist activity or with a view to committing an act that, if committed in the State, would constitute an offence under section 21 or 21A of the Act of 1939,

(c) public provocation to commit a terrorist offence,

(d) recruitment for terrorism, or

(e) training for terrorism; ]

1 [ training for terrorism shall be construed in accordance with section 4C. ]

1 [ (2) A terrorist-linked activity may be committed wholly or partially by electronic means.

(3) In determining whether an act is a terrorist-linked activity, it shall not be necessary for an offence under section 6(1)(a) insofar as that provision relates to a terrorist activity, to have actually been committed. ]

Annotations

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