Section 23 · Terrorism Prevention and Investigation Measures Act 2011

Contents

23Offence#

(1)An individual is guilty of an offence if—

(a)a TPIM notice is in force in relation to the individual, and

(b)the individual contravenes, without reasonable excuse, any measure specified in the TPIM notice.

(1A)Where an individual—

(a)is subject to a measure specified under paragraph 2 of Schedule 1 (a “travel measure”), and

(b)leaves the United Kingdom or travels outside the United Kingdom,

subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.

(2)If the individual has the permission of the Secretary of State by virtue of Schedule 1 for an act which would, without that permission, contravene such a measure, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.

(3)An individual guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(d)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

(3A)Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (3)(a) has effect as if “10 years” were substituted for “5 years”.

(4)In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(5)Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—

(a)an order under section 80 of the Sentencing Code (conditional discharge);

(b)an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders); or

(c)an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 71

Show every defined term

act of terrorism
includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);
appeal proceedings
means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to TPIM proceedings;
applicable period
means a period for which the individual is required to remain at the specified residence by virtue of a requirement of the kind mentioned in sub-paragraph (2)(c).
appropriate police force
means the police force—
authorised person
means— (a) a constable, or (b) a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;
bank
means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under Part 4A of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act).
cash
means—
chief officer of police
means—
commencement
means the coming into force of this Act;
condition E
means that condition as set out in section 3;
confirmation notice
means a notice given under subsection (1);
control order
has the same meaning as in the PTA 2005;
court
means— (a) in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;
designated transitional and saving provision
means provision of a temporary enhanced TPIM order which is designated, in a temporary enhanced TPIM order, as transitional and saving provision for the purposes of this section;
electronic communication device
means any of the following—
enactment
includes—
enhanced measure
has the meaning given in section 26(3);
enhanced TPIM notice
means a notice by which the enhanced TPIM power is exercised;
enhanced TPIM power
means the power to impose enhanced measures that is referred to in section 26(2);
explosive
means anything that is— (a) an explosive within the meaning of the Explosives Act 1875, or (b) an explosive substance within the meaning of the Explosive Substances Act 1883.
extension notice
means a notice under section 5(2);
financial services
means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—
fingerprints
has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;
first review year
means the first complete calendar year beginning after the passing of this Act.
Human Rights Convention
means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).
imitation firearm
has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3));
last PTA review year
means the last PTA review year to end before commencement;
measures
means terrorism prevention and investigation measures (which has the meaning given in section 2);
new terrorism-related activity
means—
non-intimate sample
has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;
notice
means notice in writing;
offensive weapon
means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);
overturned notice
means the TPIM notice to which the quashing or revocation referred to in subsection (1) relates;
paragraph 6 material
has the meaning given by paragraph 6(2);
Passport
means any of the following—
permission
means permission for the purposes of measures specified in a TPIM notice (see, in particular, paragraph 13 of Schedule 1).
permitted sample
means— (a) a sample of hair other than pubic hair;
police force
means any of the following— (a) the metropolitan police force;
polygraph examination
means a procedure in which— (a) the polygraph operator questions the individual, (b) the questions and the individual's answers are recorded, and (c) physiological reactions of the individual while being questioned are measured and recorded;
polygraph operator
means the person conducting a polygraph session;
polygraph session
means a session during which the polygraph operator— (a) conducts one or more polygraph examinations of the individual, and (b) interviews the individual in preparation for, or otherwise in connection with, any such examination.
property
includes rights over, or in relation to, property (including rights of use and rights to grant access);
relevant 28 day period
means the period of 28 days beginning with the expiry of the powers that is mentioned in subsection (2)(b).
relevant 3 month period
has the same meaning as in section 14 of the PTA 2005.
relevant conditions
means—
relevant day
means—
relevant decisions
means the decisions that the following conditions are met—
relevant individual
means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.
relevant notice
means—
relevant physical data
has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;
relevant search
means a search carried out for the purpose of checking any fingerprints, samples, data or information against any of the fingerprints, samples, data or information mentioned in paragraph 5(a) to (h);
relocation measure
has the meaning given by section 12(1B).
replacement TPIM notice
means the first TPIM notice to impose measures on the individual to whom the overturned notice relates after the quashing or revocation referred to in subsection (1).
responsible chief officer of police
means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area— (a) in which the material concerned was taken, or (b) in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;
revival notice
has the same meaning as in section 13(6);
revocation notice
has the same meaning as in section 13(1);
rules of court
means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.
specified
means specified in the TPIM notice.
standard TPIM notice
means a notice under section 2;
studies
includes any course of education or training.
temporary enhanced TPIM order
has the meaning given in section 26(2).
terrorism
has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);
terrorism prevention and investigation measures
means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 1 (terrorism prevention and investigation measures).
testing place
means— (a) a police station, or (b) a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.
the present TPIM notice
means the TPIM notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.
the relevant court
means— (a) in relation to TPIM proceedings, the court;
transitional period
means the period of 42 days that begins with the day of commencement.
Travel document
means—
tri-service serious crime unit
means the unit described in section 375(1A) of the Armed Forces Act 2006.
variation notice
has the same meaning as in section 12(1).
work
includes any business or occupation (whether paid or unpaid);