Part 1—Offences
involving preparatory acts and threats), for subsection (5) substitute—
- “(5) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.”
(2) Subsection (1) does not apply to offences committed before the commencement of this section.
15Maximum penalty for contravening notice relating to encrypted information
(1) In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence of contravening disclosure requirement)—
- (a) in paragraph (a) of subsection (5), for “two years” substitute “the appropriate maximum term”; and
- (b) after that subsection insert the subsections set out in subsection (2).
(2) The inserted subsections are—
- “(5A) In subsection (5) ‘the appropriate maximum term’ means—
- (a) in a national security case, five years; and
- (b) in any other case, two years.
- (5B) In subsection (5A) ‘a national security case’ means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary in the interests of national security.”
(3) This section does not apply to offences committed before the commencement of this section.
Incidental provisions about offences
16Preparatory hearings in terrorism cases
(1) Section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearing) is amended as follows.
(2) Before subsection (2) insert—
- “(1B) An order that a preparatory hearing shall be held must be made by a judge of the Crown Court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which at least one of the offences charged by the indictment against at least one of the persons charged is a terrorism offence.
- (1C) An order that a preparatory hearing shall be held must also be made by a judge of the Crown court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which—
- (a) at least one of the offences charged by the indictment against at least one of the persons charged is an offence carrying a maximum of at least 10 years’ imprisonment; and
- (b) it appears to the judge that evidence on the indictment reveals that conduct in respect of which that offence is charged had a terrorist connection.”
