Colombia - Agricultural Diversification Project

he publishes a statement to which this section applies or causes another to publish such a statement; and

at the time he publishes it or causes it to be published, he—

glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; and

is a statement from which those members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.

to the contents of the statement as a whole; and

to the circumstances and manner of its publication.

whether anything mentioned in those subsections relates to the commission, preparation or instigation of one or more particular acts of terrorism or Convention offences, of acts of terrorism or Convention offences of a particular description or of acts of terrorism or Convention offences generally; and,

whether any person is in fact encouraged or induced by the statement to commit, prepare or instigate any such act or offence.

that the statement neither expressed his views nor had his endorsement (whether by virtue of section 3 or otherwise); and

that it was clear, in all the circumstances of the statement’s publication, that it did not express his views and (apart from the possibility of his having been given and failed to comply with a notice under subsection (3) of that section) did not have his endorsement.

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both;

on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

he intends an effect of his conduct to be a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

he intends an effect of his conduct to be the provision of assistance in the commission or preparation of such acts; or

he is reckless as to whether his conduct has an effect mentioned in paragraph (a) or (b).

distributes or circulates a terrorist publication;

gives, sells or lends such a publication;

offers such a publication for sale or loan;

provides a service to others that enables them to obtain, read, listen to or look at such a publication, or to acquire it by means of a gift, sale or loan;

transmits the contents of such a publication electronically; or

has such a publication in his possession with a view to its becoming the subject of conduct falling within any of paragraphs (a) to (e).

to be understood, by some or all of the persons to whom it is or may become available as a consequence of that conduct, as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of terrorism; or

to be useful in the commission or preparation of such acts and to be understood, by some or all of those persons, as contained in the publication, or made available to them, wholly or mainly for the purpose of being so useful to them.

glorifies the commission or preparation (whether in the past, in the future or generally) of such acts; and

is matter from which that person could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by him in existing circumstances.

as at the time of that conduct; and

having regard both to the contents of the publication as a whole and to the circumstances in which that conduct occurs.

is in fact encouraged or induced by that matter to commit, prepare or instigate acts of terrorism; or

in fact makes use of it in the commission or preparation of such acts.

that the matter by reference to which the publication in question was a terrorist publication neither expressed his views nor had his endorsement (whether by virtue of section 3 or otherwise); and

that it was clear, in all the circumstances of the conduct, that that matter did not express his views and (apart from the possibility of his having been given and failed to comply with a notice under subsection (3) of that section) did not have his endorsement.

the publication to which his conduct related contained matter by reference to which it was a terrorist publication by virtue of subsection (3)(a); and

that person is not proved to have engaged in that conduct with the intention specified in subsection (1)(a).

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both;

on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

a statement is published or caused to be published in the course of, or in connection with, the provision or use of a service provided electronically; or

conduct falling within section 2(2) was in the course of, or in connection with, the provision or use of such a service.

a constable has given him a notice under subsection (3);

that time falls more than 2 working days after the day on which the notice was given; and

the relevant person has failed, without reasonable excuse, to comply with the notice.

declares that, in the opinion of the constable giving it, the statement or the article or record is unlawfully terrorism-related;

requires the relevant person to secure that the statement or the article or record, so far as it is so related, is not available to the public or is modified so as no longer to be so related;

warns the relevant person that a failure to comply with the notice within 2 working days will result in the statement, or the article or record, being regarded as having his endorsement; and

explains how, under subsection (4), he may become liable by virtue of the notice if the statement, or the article or record, becomes available to the public after he has complied with the notice.

a notice under subsection (3) has been given to the relevant person in respect of a statement, or an article or record, and he has complied with it, but

he subsequently publishes or causes to be published a statement which is, or is for all practical purposes, the same or to the same effect as the statement to which the notice related, or to matter contained in the article or record to which it related, (a “repeat statement”);

has, before that time, taken every step he reasonably could to prevent a repeat statement from becoming available to the public and to ascertain whether it does; and

was, at that time, a person to whom subsection (6) applied.

is not aware of the publication of the repeat statement; or

having become aware of its publication, has taken every step that he reasonably could to secure that it either ceased to be available to the public or was modified as mentioned in subsection (3)(b).

something that is likely to be understood, by any one or more of the persons to whom it has or may become available, as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or Convention offences; or

information which—

the glorification of the commission or preparation (whether in the past, in the future or generally) of such acts or such offences; and

a suggestion that what is being glorified is being glorified as conduct that should be emulated in existing circumstances.

a Saturday or a Sunday;

Christmas Day or Good Friday; or

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

by delivering it to him in person; or

by sending it to him, by means of a postal service providing for delivery to be recorded, at his last known address.

by delivering it to the secretary of that body in person; or

by sending it to the appropriate person, by means of a postal service providing for delivery to be recorded, at the address of the registered or principal office of the body.

by delivering it to a partner of the firm in person;

by so delivering it to a person having the control or management of the partnership business; or

by sending it to the appropriate person, by means of a postal service providing for delivery to be recorded, at the address of the principal office of the partnership.

by delivering it to a member of its governing body in person; or

by sending it to the appropriate person, by means of a postal service providing for delivery to be recorded, at the address of the principal office of the body or association.

a company registered outside the United Kingdom,

a firm carrying on business outside the United Kingdom, or

an unincorporated body or association with offices outside the United Kingdom,

in the case of a body corporate, the body itself or its secretary;

in the case of a firm, the firm itself or a partner of the firm or a person having the control or management of the partnership business; and

in the case of an unincorporated body or association, the body or association itself or a member of its governing body.

where it is delivered to a person, the time at which it is so delivered; and

where it is sent by a postal service providing for delivery to be recorded, the time recorded as the time of its delivery.

committing acts of terrorism, or

assisting another to commit such acts,

he provides instruction or training in any of the skills mentioned in subsection (3); and

at the time he provides the instruction or training, he knows that a person receiving it intends to use the skills in which he is being instructed or trained—

he receives instruction or training in any of the skills mentioned in subsection (3); and

at the time of the instruction or training, he intends to use the skills in which he is being instructed or trained—

the making, handling or use of a noxious substance, or of substances of a description of such substances;

the use of any method or technique for doing anything else that is capable of being done for the purposes of terrorism, in connection with the commission or preparation of an act of terrorism or Convention offence or in connection with assisting the commission or preparation by another of such an act or offence; and

the design or adaptation for the purposes of terrorism, or in connection with the commission or preparation of an act of terrorism or Convention offence, of any method or technique for doing anything.

whether any instruction or training that is provided is provided to one or more particular persons or generally;

whether the acts or offences in relation to which a person intends to use skills in which he is instructed or trained consist of one or more particular acts of terrorism or Convention offences, acts of terrorism or Convention offences of a particular description or acts of terrorism or Convention offences generally; and

whether assistance that a person intends to provide to others is intended to be provided to one or more particular persons or to one or more persons whose identities are not yet known.

on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;

on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

he attends at any place, whether in the United Kingdom or elsewhere;

while he is at that place, instruction or training of the type mentioned in section 6(1) of this Act or section 54(1) of the Terrorism Act 2000 (c. 11) (weapons training) is provided there;

that instruction or training is provided there wholly or partly for purposes connected with the commission or preparation of acts of terrorism or Convention offences; and

the requirements of subsection (2) are satisfied in relation to that person.

he knows or believes that instruction or training is being provided there wholly or partly for purposes connected with the commission or preparation of acts of terrorism or Convention offences; or

a person attending at that place throughout the period of that person’s attendance could not reasonably have failed to understand that instruction or training was being provided there wholly or partly for such purposes.

whether the person concerned receives the instruction or training himself; and

whether the instruction or training is provided for purposes connected with one or more particular acts of terrorism or Convention offences, acts of terrorism or Convention offences of a particular description or acts of terrorism or Convention offences generally.

on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;

on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.