Criminal Law Legislation Update
| Date | 01 August 2006 |
| Author | Sally Ireland |
| Published date | 01 August 2006 |
| DOI | 10.1350/jcla.70.4.276 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Ireland†
Important Acts of Parliament for criminal lawyers have received Royal
Assent during the months of January to May 2006. They include, inter
alia, the Identity Cards Act 2006, the Racial and Religious Hatred Act
2006, the Criminal Defence Service Act 2006 and, perhaps most im-
portantly, the Terrorism Act 2006. This update will deal with those
provisions of the Terrorism Act 2006 that have already been brought
into force. Subsequent articles will deal with the remainder of the
primary legislation listed above, in addition to secondary legislation
made in the period.
The Terrorism Act (Commencement No. 1) Order 2006 (SI
2006/1013) brings certain provisions of the 2006 Act into force as from
13 April 2006. They include ss 1–22, together with Sched. 1; ss 26–36,
together with Sched. 2; ss 37(1)–(4) and 38; all of the entries in Sched.
3 except those relating to para. 36(1) of Sched. 8 to the Terrorism Act
2000 and s. 306(2) and (3) of the Criminal Justice Act 2003; and s. 37(5)
insofar as it relates the entries in Sched. 3 brought into force by the
Order. The Order applies across the UK.
Terrorism Act 2006, ss 1–22 and Sched. 1
Part 1 of the 2006 Act (ss 1–20) deals with offences; ss 21 and 22 of Part
2 cover proscription of terrorist organisations.
The offences created in Part 1 include: encouragement of terrorism
(s. 1); dissemination of terrorist publications (s. 2); preparation of terror-
ist acts (s. 5); providing or receiving training for terrorism (s. 6); atten-
dance at a place used for terrorist training (s. 8); making and possession
of (radioactive) devices or materials (s. 9); misuse of (radioactive) de-
vices or material and misuse and damage of (nuclear) facilities (s. 10);
terrorist threats relating to (radioactive) devices, (radioactive) materials
or (nuclear) facilities (s. 11); trespassing, etc. on nuclear sites (s. 12,
amending the Serious Organised Crime and Police Act 2005 (SOCPA)).
Offences under ss 5, 9, 10, and 11 are indictable only and carry a
discretionary life sentence. Those under ss 6 and 8 are triable either way
with a maximum penalty on indictment of 10 years’ imprisonment and/
or a fine. The offences under ss 1 and 2 are also triable either way, with
the maximum penalty on indictment being seven years’ imprisonment
* As at 15 May 2006.
†Senior Legal Officer (Criminal Justice), JUSTICE.
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