Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 3 of Act of 1994.

21

21.—Section 3 of the Act of 1994 is amended as follows:

( a) in subsection (1) by inserting the following:

“‘Act of 2005’ means the Criminal Justice (Terrorist Offences) Act 2005;”;

( b) in subsection (1) by substituting the following for the definition of “confiscation order”;

“‘confiscation order’ means an order made under section 4(4), 8A(5) or 9(1) of this Act;”;

( c) in subsection (1) by substituting the following for the definition of “defendant”:

“‘defendant’ means, for the purposes of any provision of this Act relating to confiscation, and subject to section 23(2)( a) of this Act, a person against whom proceedings for the relevant drug trafficking offence, offence of financing terrorism or other offence have been instituted;”;

( d) in subsection (1) by inserting the following definitions:

“‘funds’ has the meaning given by section 12 of the Act of 2005;”;

“‘funds subject to confiscation’ has the meaning given by section 8A(2) of this Act;”;

“‘offence of financing terrorism’ means an offence under section 13 of the Act of 2005;”;

“‘proceeds’, in relation to an offence of financing terrorism, means any funds derived from or obtained, directly or indirectly, through the commission of that offence, including payments and rewards;”;

( e) in subsection (1) by substituting the following for the definition of “property”:

“‘property’ includes money and all other property, real or personal, heritable or moveable, including choses-in-action and other intangible or incorporeal property and, in relation to an offence of financing terrorism, includes funds;”;

( f) in subsection (1) by inserting the following definition:

“‘value of funds subject to confiscation’ has the meaning given by section 8B(1) of this Act;”;

( g) by inserting the following after subsection (9):

“(9A) For the purposes of the provisions of this Act relating to an offence of financing terrorism, a gift (including a gift made before the commencement of section 8A of this Act) is caught by this Act if—

( a) it was made by the defendant at any time since the beginning of a period of 6 years ending when proceedings in respect of that offence were instituted against the defendant, or

( b) it was made by the defendant at any time and was a gift of property—

(i) which was received by the defendant in connection with an offence of financing terrorism committed by the defendant or another person, or

(ii) which in whole or in part directly or indirectly represented in the defendant's hands funds received by the defendant in connection with an offence of financing terrorism.”;

( h) in subsection (16)( g) by substituting “an application under section 7, 8D or 13 of this Act” for “an application under section 7 or 13 of this Act”;

( i) in subsection (16)( h) by substituting “an application under section 8, 8E or 18 of this Act” for “an application under section 8 or 18 of this Act”.