Section 16A Possession of articles for suspected terrorist purposes.F1
England, Wales and Scotland
A person is guilty of an offence if he has any article in his possession in circumstances giving rise to a reasonable suspicion that the article is in his possession for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies.
The acts of terrorism to which this section applies are—
acts of terrorism connected with the affairs of Northern Ireland; and
acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.
It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his possession for such a purpose as is mentioned in subsection (1) above.
Where a person is charged with an offence under this section and it is proved that at the time of the alleged offence—
he and that article were both present in any premises; or
the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,
the court may accept the fact proved as sufficient evidence of his possessing that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
This section applies to vessels, aircraft and vehicles as it applies to premises.
Annotations
Textual amendments
- F1
S. 16A inserted (3.1.1995) by 1994 c. 33, s. 82(1)(2)(3)
Notes on the whole Act
Textual amendments
- F1
Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2
Notes on Part IVA
Textual amendments
- F1
Pt. IVA (Ss. 16A-16B) inserted (3.1.1995) by 1994 c. 33, s. 82(1)(2)(3)
- F2
Pt. IVA expired (22.3.1998) by virtue of 1989 c. 4, s. 27(5)
- F3
Pt. IVA revived (25.6.1999) (temp. until end of 21.3.2000) by S.I. 1999/1813, art. 2