Membership of a proscribed organisation Flashcards
Q: What is the offence of being a member of a proscribed organisation?
S11 2000 Act
(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.
Q: What type of offence is being a member of a proscribed organisation?
Triable either way offence.
Carries maximum sentence of 10 years imprisonment when tried on indictment.
Q: Who must prove that D was not a member of a proscribed group?
Case law shows that D has an evidential burden- he must raise an arguable case. The prosecution then has to disprove it, in relation to whether or not the organisation was proscribed when he became a member.
Q: What is meant by ‘proscribed’?
Means forbidden.
Specific organisations are proscribed by the Secretary of State. There are over 77 proscribed organisations under the Terrorism Act and 17 under previous legislation relating to Northern Ireland.
Q: What is the offence of supporting a proscribed organisation?
S12 Terrorism Act 2000
(1) A person commits an offence if-
(a) He invites support for a proscribed organisation, and
(b) The support is not, or is not restricted to, the provision of money or other property.
(1A) A person commits an offence if the person—
(a) expresses an opinion or belief that is supportive of a proscribed organisation, and
(b) in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.
(2) A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is—
(a) To support a proscribed organisation,
(b) To further the activities of a proscribed organisation, or
(c) to be addressed by a person who belongs or professes to belong to a proscribed organisation.
(3) A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.
Q: What is meant by ‘meeting’?
S12(5)(a)- meeting means a meeting of 3 or more persons, whether or not the public are admitted.
Q: What are the sentences for offences under s11, 12 and 12A?
All three offences carry a sentence of 10 years imprisonment.
Q: Why was the separate offence under s12A mean?
Added by the CT and Border Security Act 2019- wider than the other s12 offences.
It does not set a limit of the numbers of persons to whom the support is addressed so it can be more or less than 3 and it does not matter if it was in public or private.
Q: What is the AR and MR of the 12A offence?
AR- expressing a supportive belief
MR- doing so in circumstances where the suspect is reckless as to whether a person, to whom the expression is directed/recipient of the info, will be encouraged to support a proscribed organisation.
Eg: Hate speakers or someone may act recklessly if they speak of their own support for a proscribed organisation in the course of addressing an audience consisting of individuals whom he believes are of an extremist mindset and he believes he has a degree of influence. The speaker will be aware of the risk that members of the audience will be influenced by him to support the proscribed organisation and he will have acted recklessly if he expresses an opinion that is supportive of it.
Q: What is the offence for wearing clothing etc that shows support for a proscribed organisation?
S13 Terrorism Act 2000
(1) A person in a public place commits an offence if he—
(a) wears an item of clothing, or
(b) wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
Q: What if someone publishes an image of an article of clothing with the same desired effect?
Same applies if a publishes an image of an item of clothing or any other article!
Q: What type of offence is that under s13?
Strict liability summary offence.
Carries a maximum sentence of 6 months.
Q: What does the CT Act 2019 add to this offence? What type of image does it have to be?
By virtue of the 2019 CT Act, this offence can be committed by publishing a still or moving image of an item of clothing or other article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
