Page:Terrorism Act 2006.pdf/16

12 11Terrorist threats relating to devices, materials or facilities

(1) A person commits an offence if, in the course of or in connection with the commission of an act of terrorism or for the purposes of terrorism—
 * (a) he makes a demand—
 * (i) for the supply to himself or to another of a radioactive device or of radioactive material;
 * (ii) for a nuclear facility to be made available to himself or to another; or
 * (iii) for access to such a facility to be given to himself or to another;
 * (b) he supports the demand with a threat that he or another will take action if the demand is not met; and
 * (c) the circumstances and manner of the threat are such that it is reasonable for the person to whom it is made to assume that there is real risk that the threat will be carried out if the demand is not met.

(2) A person also commits an offence if—
 * (a) he makes a threat falling within subsection (3) in the course of or in connection with the commission of an act of terrorism or for the purposes of terrorism; and
 * (b) the circumstances and manner of the threat are such that it is reasonable for the person to whom it is made to assume that there is real risk that the threat will be carried out, or would be carried out if demands made in association with the threat are not met.

(3) A threat falls within this subsection if it is—
 * (a) a threat to use radioactive material;
 * (b) a threat to use a radioactive device; or
 * (c) a threat to use or damage a nuclear facility in a manner that releases radioactive material or creates or increases a risk that such material will be released.

(4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

(5) In this section—
 * “nuclear facility” has the same meaning as in section 10;
 * “radioactive device” and “radioactive material” have the same meanings as in section 9.

12Trespassing etc. on nuclear sites

(1) The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(2) In sections 128(1), (4) and (7) and 129(1), (4) and (6) (trespassing etc. on a designated site in England and Wales or Northern Ireland or in Scotland), for “designated”, wherever occurring, substitute “protected”.

(3) After section 128(1) (sites in England and Wales and Northern Ireland) insert—
 * “(1A) In this section ‘protected site’ means—
 * (a) a nuclear site; or
 * (b) a designated site.
 * (1B) In this section ‘nuclear site’ means—