Commentary on Sections Terrorism Act 2000 Section 117 Information about acts of terrorism
309.This section inserts a new section 38B in the Terrorism Act 2000 making the failure to disclosure information about acts of terrorism a criminal offence. The new offence is similar to that which was found in section 18 of the Prevention of Terrorism (Temporary Provisions) Act 1989 which was repealed by the Terrorism Act 2000. Section 18 related only to acts of terrorism in Northern Ireland. The new offence has no such geographical limitation.
310.Subsections (1) and (2) of the new section 38B make it an offence for a person, subject to the defence in subsection (4), to fail to disclose information which he either knows or believes might help prevent another person carrying out an act of terrorism or might help in bringing a terrorist to justice in the UK. The words “an act of terrorism” are to be read with the definition of terrorism in section 1 of the Terrorism Act 2000 and include acts of terrorism anywhere in the world. Subsection (3) identifies the people to whom disclosure should be made - in England and Wales to a constable, in Scotland to a constable, in Northern Ireland to a constable or a member of Her Majesty's forces. Subsection (4) makes it a defence for a person to prove a head a reasonable excuse for not making the disclosure. Subsection (5) sets out the penalties for people found guilty of offences under this legislation: on conviction on indictment a person may be imprisoned for up to five years, or receive a fine or both; or on summary conviction a person may be imprisoned for up to six months or receive a fine not exceeding the statutory minimum (level 1 up to £200 on the scale) or both. Subsection (6) allows a person to be charged with the offence even if he was outside the United Kingdom at the time he became aware of the information.
311.Subsection (3) of section 117 amends the Terrorism Act 2000 to make it an offence for someone to disclose information to another person which would be likely to prejudice an investigation resulting from a disclosure under section 38B or to interfere with material that is likely to be relevant to such an investigation. The penalties for these offences are the same as for that under section 38B.