Section 69A Offences where foreign power or designated body condition metC1F1F4
This section applies where a court is considering the seriousness of an offence that—
is committed on or after the day on which section 19 of the National Security Act 2023 comes into force, and
is not an offence listed in subsection (2).
Those offences are—
an offence under the National Security Act 2023 or an inchoate offence (see section 398) in relation to any such offence;
a relevant electoral offence within the meaning given by section 16 of that Act (foreign interference in elections).
Where the foreign power condition F2or the designated body condition is met in relation to the conduct that constitutes the offence, the court—
must treat that fact as an aggravating factor, and
must state in open court that the offence is so aggravated.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the first of those days.
Sections 31 and 33B of the National Security Act 2023 (meaning of foreign power condition and designated body condition) apply for the purposes of this section as they apply for the purposes of Part 1 of that Act.
Annotations
Textual amendments
- F1
S. 69A inserted (20.12.2023) by National Security Act 2023 (c. 32), ss. 19(2), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a)
- F2
Words in s. 69A(3) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 13(2)(b)
- F3
S. 69A(5) substituted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 13(2)(c)
- F4
Words in s. 69A heading inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 13(2)(a)
Modifications
- C1
S. 69A modified (20.12.2023) by 2006 c. 52, s. 238(7) (as inserted by National Security Act 2023 (c. 32), ss. 22, 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a))