Counter Terrorism Flashcards
section and definition of ‘terrorism’ under the Terrorism Act 2000?
- Terrorism: Interpretation
(1) In this act “terrorism” means the use or threat of action where:
(a) The action falls within subsection (2)
(b) The use or threat is designed to influence the government [F1 or an international government organisation] or to intimidate the public or a section of the public, and
(c) The use or threat is made for the purpose of advancing a political, religious [F2 Racial] or ideological cause.
(2) Action falls within this subsection if it:
(a) Involves serious violence against a person
(b) Involves serious damage to property
(c) Endangers a person’s life, other than that of the person committing the action
(d) Creates a serious risk to the health or safety of the public or a section of the public or
(e) Is designed seriously to interfere with or seriously to disrupt an electronic system
(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1) (b) is satisfied.
Section and definition of ‘terrorist’ under the Terrorism Act 2000?
- Terrorist: Interpretation
(1) In this part “terrorist” means a person who:
(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 or
(b) Is of has been concerned in the commission, preparation or instigation of acts of terrorism.
(2) The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.
Section and definition of ‘membership’ under the Terrorism Act 2000?
- Membership
(1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.
(2) It is a defence for a person charged with an offence under subsection (1) to prove:
(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
(b) that he has not taken part in the activities of the organisation at any time while it was proscribed
(3) A person is guilty of an offence under this section shall be liable:
(a) on conviction on indictment, to imprisonment for a team not exceeding ten years, to a fine or to both, or
(b) on summary convictions, to imprisonment for a term not exceeding six months, toa fine not exceeding the statutory maximum or to both.
Section and definition of ‘fund raising’ under the Terrorism Act 2000?
- Fund-raising
(1) A person commits an offence if he—
(a) invites another to provide money or other property, and
(b) intends that it should be used or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(2) A person commits an offence if he—
(a) receives money or other property, and
(b) intends that it should be used or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(3) A person commits an offence if he—
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
(4) In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.
Section and definition of ‘use and possession’ under the Terrorism Act 2000?
- Use and possession
(1) A person commits an offence if he uses money or other property for the purposes of terrorism.
(2) A person commits an offence if he—
(a) possesses money or other property, and
(b) intends that it should be used or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
Section and definition of ‘funding arrangements’ under the Terrorism Act 2000?
- Funding arrangements.
A person commits an offence if—
(a)he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and
(b)he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
Section and definition of ‘money laundering’ under the Terrorism Act 2000?
- Money laundering.
(1) A person commits an offence if he enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property—
(a) by concealment,
(b) by removal from the jurisdiction,
(c) by transfer to nominees, or
(d) in any other way.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.
Section and definition of ‘weapons training’ under the Terrorism Act 2000?
54 – Weapons Training
• Offence to instruct or train to make or use:
• Firearms
• Radioactive material
• Explosives
• Chemical / biological / nuclear weapons
- Offence to receive such instruction or training
- Inviting another to receive training is also an offence
Section and definition of ‘collection of information’ under the Terrorism Act 2000?
- Collection of information.
(1)A person commits an offence if—
(a)he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, F1…
(b)he possesses a document or record containing information of that kind [F2, or
(c)the person views, or otherwise accesses, by means of the internet a document or record containing information of that kind.]
[F3(1A)The cases in which a person collects or makes a record for the purposes of subsection (1)(a) include (but are not limited to) those in which the person does so by means of the internet (whether by downloading the record or otherwise).]
(2)In this section “record” includes a photographic or electronic record.
(3)It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
[F4(3A)The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which—
(a)at the time of the person’s action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b)the person’s action or possession was for the purposes of—
(i)carrying out work as a journalist, or
(ii)academic research.]
(4)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F515 years], to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Section and definition of ‘Eliciting, publishing or communicating information about members of armed forces’ under the Terrorism Act 2000?
[F158A. Eliciting, publishing or communicating information about members of armed forces etc
(1)A person commits an offence who—
(a)elicits or attempts to elicit information about an individual who is or has been—
(i)a member of Her Majesty’s forces,
(ii)a member of any of the intelligence services, or
(iii)a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b)publishes or communicates any such information.
(2)It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding [F215 years] or to a fine, or to both;
(b)on summary conviction—
(i)in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii)in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(4)In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5)Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.]
What is extremism?
“Vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs.
We also regard calls for the death of members of our armed forces as extremist”
What is Radicalisation?
The process by which people come to support terrorism and extremism and, in some cases, to then participate in terrorist groups.
Give an overview of ‘Terrorism Act 2000’?
Terrorism Act 2000
• Defines ‘terrorism’ and ‘terrorist’
• Creates offences related to terrorism
• Provides police powers
• Amended several times by subsequent legislation
• Amendments identified with letter after section number
• See latest version on legislation.gov.uk
Give an overview of ‘Code Of Practice’?
• Issued under s47B (Protection of Freedoms Act 2012)
• Sets out principles for use of police powers
(stop and search and authorisations)
• Ensures powers are used effectively & certain situations
• Use of powers may have to be justified
• Misuse will harm CT policing and lead to mistrust
• Must be used fairly, responsibly and aligned to Equality Act
• Authorisations must be written or confirmed in writing
• Base actions on up to date intelligence and information
• Officers must be well informed about nature of threat
• Represent re-balancing of powers with robust safeguard
Give an overview of ‘Anti-terrorism, crime and security act 2001’?
Anti-Terrorism, Crime and Security Act 2001
• Makes additional provision about terrorist property
• Includes provision for forfeiture of money:
o Intended for terrorism
o Consists of resources of a proscribed organisation
o Represents money obtained through terrorism
• Contains provisions specific to terrorism
• Part 6 covers weapons of mass destruction
• Part 7 covers pathogens and toxins and things that…
• “…could be used in an act of terrorism to endanger life or cause serious harm to human health.”
Give an overview of ‘Terrorism Act 2006’?
Created offences covering preparatory act
• s1 Encouraging terrorism
• s2 Disseminating terrorist publications
• s5 Preparing terrorist acts
• ss6-8 Training in terrorism
• ss9-12 Possession of radioactive material and related matters
• ss17 UK courts jurisdiction over offences committed abroad
“Act of terrorism” – anything constituting action for purposes of terrorism
• Direct or indirect encouragement of acts of terrorism and dissemination of terrorist publications
• Doesn’t require proof of preparing for violent acts
• Includes otherwise innocent acts
! All laws respect fundamental rights of individuals
Give an overview of ‘Counter Terrorism Act 2008’?
Counter-Terrorism Act 2008
Refined the definition of ‘terrorism’ to include racially motivated acts
• Section 62 and Schedule 7 – range of powers
• Schedule 2 – list of offences that judge could conclude have a terrorist connection
e.g. Killings of Lee Rigby and Jo Cox MP
e.g. Those responsible for 21/7 bombings
• S30 – special custodial sentences for offenders of particular concern, committed offences under Schedule 2
• Part 2 – powers in relation to post-charge questioning of suspects
Give an overview of ‘Counter Terrorism and Security Act 2015’?
- Give police power to temporarily seize passport at the border
- Create a Temporary Exclusion Order to temporarily prevent return to UK
- Place strong restrictions on where individuals can go and closely manage them
- Improve LEAs digital capabilities for counter terrorism purposes
- Enhanced aviation, maritime and rail border security
- Ensure that UK-based insurance firms cannot reimburse terrorist ransom payments
- Clarify scope of power to examine goods at or near ports
- General duty on range of organisations to prevent being drawn into terrorism
- Give statutory basis to Channel (Government’s voluntary programme for people vulnerable to being drawn into terrorism)
Give an overview of ‘Counter-Terrorism and Border Security Act 2019’?
- Major piece of updating legislation
- Inspired in aftermath of London Bridge Attack
- Updates and closes gaps in existing legislation
- Accounts for digital developments
- Reflects contemporary patterns of radicalisation
- s1 extends offence of inviting support for proscribed organisation
- s2 Clarifies that displaying images online is covered by offence
- s4 New offence of entering or remaining in designated area outside the UK
- s6 Creates number of further offences covering acts abroad
- Chapter 2 Increases sentences for terrorism offences
- Amends s58 Terrorism Act 2000 – includes viewing terrorist content online once (with conditions)
Give an overview of ‘Explosive Substances Act 1883’?
• s2 – causing explosion likely to endanger life or seriously damage property
• Explosive substance – includes any materials for making any explosive and implement or equipment used, or intended or adapted for causing or aiding any explosion
• s3 – attempting to cause explosions or keeping explosives with intent
o Must be shown by prosecution the person had relevant article and knew the nature of it. Test is objective and reasonable bystander.
Give an overview of ‘New and developing law: Counter Terrorism and Sentencing Bill’?
New and developing law: Counter Terrorism and Sentencing Bill
• To make provision about sentencing of offenders convicted of terrorism
• Other provisions in relation to terrorism
• Ensure serious and dangerous offenders spend longer in custody
• Focus on disengagement and rehabilitation
What is s41 Terrorism Act 2000?
- Special power of arrest for suspected terrorists
- Reasonable suspicion that person is or has been concerned in commission, preparation or instigation of acts of terrorism
- Maximum period of pre-charge detention (with conditions)
- No bail, therefore, no charge – unconditional release
What are the Four types of arrest for terrorism offences?
- Under s41 Terrorism Act 2000
- Under PACE – suspicion of offence under Terrorism Act 2000 / 2006
- Under PACE – non-terrorist offence, which is terrorism-related
- Under PACE – suspicion of non-terrorism related offence that will have a disruptive impact on suspected terrorist
What is Schedule 7 – Terrorism Act 2000?
- Allows officers to stop and question (examine) people at ports and borders to determine whether they are terrorists
- To search them
- To detain them
- To require them to hand over electronic devices
- Take fingerprints and DNA
- Failing to cooperate is criminal offence
- No reasonable suspicion is needed
