Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/32

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Terrorism Act 2000
c. 1127

Part VI

(5) A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).

(6) 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.

(7) 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).

Inciting terrorism overseas

England and Wales. 59.—(1) A person commits an offence if—

(a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and
(b) the act would, if committed in England and Wales, constitute one of the offences listed in subsection (2).

(2) Those offences are—

(a) murder,
(b) an offence under section 18 of the 1861 c. 100.Offences against the Person Act 1861 (wounding with intent),
(c) an offence under section 23 or 24 of that Act (poison),
(d) an offence under section 28 or 29 of that Act (explosions), and
(e) an offence under section 1(2) of the 1971 c. 48.Criminal Damage Act 1971 (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 United Kingdom at the time of the incitement.

(5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

Northern Ireland. 60.—(1) A person commits an offence if—

(a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and
(b) the act would, if committed in Northern Ireland, constitute one of the offences listed in subsection (2).

(2) Those offences are—

(a) murder,
(b) an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent),
(c) an offence under section 23 or 24 of that Act (poison),
(d) an offence under section 28 or 29 of that Act (explosions), and
(e) an offence under Article 3(2) of the S.I. 1977/426 (N.I. 4).Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property).