Serious Crime and Other Offences - Terrorism and Associated Offences Flashcards
What is terrorism defined as (s.1 Terrorism Act 2000)?
… 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 or an international governmental 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, 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.
Membership of a Proscribed Organisation - Terrorism Act 2000 s.11
(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.
Proscribed Organisations - Terrorism Act 200 s.12
Other offences relating to proscribed organisations are provided by s. 12 and include: inviting support; arranging or managing (or assisting in doing so) a meeting of three or more people in public or private, to support, further the activities or be addressed by a person belonging to a proscribed organisation; or addressing a meeting to encourage support or further the activities of the organisation. The offence may be committed by expressing an opinion or belief supportive of a proscribed organisation whilst being reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation (s. 12(1A))
Is it an offence to wear an item of clothing in such a way or circumstance as to arouse reasonable suspicion that the defendant is a member or supporter of a proscribed organisation?
The Act also created a summary offence of wearing an item of clothing, or wearing, carrying or displaying an article in such a way or in such circumstances as to arouse reasonable suspicion that the defendant is a member or supporter of a proscribed organisation (s. 13). In Pwr v DPP [2022] UKSC 2, it was held that s. 13(1) was a strict liability offence and, although Article 10 of the European Convention on Human Rights (freedom of expression) was engaged, s. 13(1) was a proportionate response. The offence can be committed by publishing an image of an item of clothing or other article in such a way or in such circumstances as to arouse ‘reasonable suspicion’ that the writer is a member of or supports a proscribed organisation (s. 13(1A)). Reference to an image is a reference to a still or moving image (produced by any means) (s. 13(1B)).
Terrorism Act 2000 - Financial Measures
inviting another to provide money or other property (s. 15(1));
providing money or other property (s. 15(3));
receiving money or other property (s. 15(2));
possessing money or other property (s. 16(2));
arranging for money or other property to be made available (s. 17)
in each case intending that, or having reasonable cause to suspect that, it may be used for the purposes of terrorism (ss. 15, 16(2) and 17)
using money or other property for the purposes of terrorism (s. 16(1));
concealing, moving or transferring any terrorist property (s. 18).
In relation to ss. 15, 16(2) and 17, ‘having reasonable cause to suspect’ does not mean that the accused must actually suspect that money may be used for the purpose of terrorism but from the information available to the accused, a reasonable person would (not might or could) suspect that the money might be used for terrorism (R v Lane [2018] UKSC 36).
Terrorism Act 2000 s.19 - Disclosure of Information
This section applies where a person—
(a)
believes or suspects that another person has committed an offence under any of sections 15 to 18, and
(b)
bases his belief or suspicion on information which comes to his attention—
(i)
in the course of a trade, profession or business, or
(ii)
in the course of his employment (whether or not in the course of a trade, profession or business).
(1A)
But this section does not apply if the information came to the person in the course of a business in the regulated sector.
(2)
The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable—
(a)
his belief or suspicion, and
(b)
the information on which it is based.
In relation to s. 19(2), a constable includes an authorised member of staff of the National Crime Agency (s. 19(7B)
This section requires businesses to report any suspicions they may have that someone is laundering terrorist money or committing any of the other terrorist property offences in ss. 15 to 18. Section 19(1)(b) ensures the offence is focused on suspicions which arise at work.
‘Employment’ means any employment (paid or unpaid) including work under a contract for services or as an office holder, work experience provided pursuant to a training course or programme or in the course of training for employment, and voluntary work (s. 22A).
The Act also provides for offences of failure to disclose information by businesses in the ‘regulated sector’, i.e. accountancy firms, investment companies etc. (s. 21A) and tipping-off by businesses in the regulated sector (s. 21D). Businesses in the regulated sector are described in sch. 3A to the Act.
Terrorism Act 2000 - Failure to Disclose Defence
It is a defence for a person to prove that he/she had a reasonable excuse for not making the disclosure (s. 19(3)), or that the matters specified were disclosed in accordance with an established procedure for the making of disclosures (s. 19(4)). Disclosure by a professional legal adviser is not required if the information was obtained in privileged circumstances (s. 19(5))
Terrorism Act 2000 - Police Powers
- Arrest without warrant (s.41) - RGS to be a terrorist
- Stop and search (s.43) - RGS to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. Constable may seize and retain anything which he discovers in the course of a search and which he RGS may constitute evidence that he is a terrorist. Can also stop and search a vehicle (s.116(2)). (Can’t stop an aircraft which is airborne) .
- Search of vehicles (s.43A) - RGS the vehicle is being used for the purposes of terrorism. Can stop and search the vehicle, driver, passenger, anything in or on the vehicle or carried by the driver or passenger. ‘Driver’ in relation to an aircraft, hovercraft or vessel means the captain, pilot or other person in control or any member of its crew, and in relation to a train, includes any member of its crew.
- Stop and search specific locations (s.47A) - RGS terrorism will take place and reasonably considers that the authorisation is necessary to prevent such an act, the specified area/ place is no greater than is necessary to prevent such an act and the duration of the authorisation is no longer than is necessary to prevent such an act. Authorised any constable in uniform to stop a vehicle or pedestrian and search. - the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects there is such evidence of terrorism. Must be authorised by at least the rank of assistant chief constable (or commander). Authorisation may also be given to prohibit or restrict parking on a specified road where it is considered expedient for the prevention of acts of terrorism.
What is a cordoned area in terrorism?
The 2000 Act gives the police the power, for a limited period, to designate or demarcate a specific area as a cordoned area for the purposes of a terrorist investigation, for instance, in the wake of a bomb.
Terrorism Act 2000 - S.33 Cordoned Areas
(1)
An area is a cordoned area for the purposes of this Act if it is designated under this section.
(2)
A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
(3)
If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
What is a terrorist investigation?
Section 32 provides the meaning of ‘terrorist investigation’ as an investigation of:
- the commission, preparation or instigation of acts of terrorism;
- an act which appears to have been done for the purposes of terrorism;
- the resources of a proscribed organisation;
- the commission, preparation or instigation of an offence under this Act or under part 1 of the Terrorism Act 2006 other than an offence under s. 1 or 2 of that Act.
The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable, by means of tape marked with the word ‘police’, or in such other manner as a constable considers appropriate (s. 33(4)).
Terrorism Act 2000 - S.34 Power to Designate
1)
Subject to subsections (1A), (1B) and (2), a designation under section 33 may only be made—
(a)
where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and
(b)
…
(1A)–(1C)
…
(2)
A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
(3)
Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—
(a)
make a written record of the time at which the designation was made, and
(b)
ensure that a police officer of at least the rank of superintendent is informed.
(4)
An officer who is informed of a designation in accordance with subsection (3)(b)—
(a)
shall confirm the designation or cancel it with effect from such time as he may direct, and
(b)
shall, if he cancels the designation, make a written record of the cancellation and the reason for it.
This power is designated to be investigatory in its nature.
Subsections (1A), (1B) and (1C) provide powers to designate to the Ministry of Defence and British Transport Police in relation to specified areas under their jurisdiction.
The period of designation begins at the time the order is made and ends on the date specified in the order. The initial designation cannot extend beyond 14 days (s. 35(2)). However, the period during which a designation has effect may be extended in writing from time to time by the person who made it, or an officer of at least superintendent rank (s. 35(3)). There is a time limit of 28 days on extended designations and this appears to mean an overall time limit of 28 days beginning with the day on which the order is made (s. 35(5)).
Terrorism Act 2000 S.36 Police Powers in a Cordoned Area
A constable in uniform may—
(a)
order a person in a cordoned area to leave it immediately,
(b)
order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area,
(c)
order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately,
(d)
arrange for the removal of a vehicle from a cordoned area,
(e)
arrange for the movement of a vehicle within a cordoned area,
(f)
prohibit or restrict access to a cordoned area by pedestrians or vehicles.
A superintendent or above may request passenger, service and crew information from an owner or agent of a ship or aircraft which is arriving, or expected to arrive, at any place in the United Kingdom or is leaving, or expected to leave, from any place in the United Kingdom (Immigration, Asylum and Nationality Act 2006, s. 32(2)). There is a similar power to request freight information from the owners or agents of a ship or aircraft, and in the case of a vehicle, the owner or hirer (s. 33(2) and (3)).
Explosive Substances Act 1883 S.2 - Causing Explosion Likely to Endanger Life or Property
A person who in the United Kingdom or (being a citizen of the United Kingdom and Colonies) in the Republic of Ireland unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an offence
The consent of the Attorney-General (or Solicitor-General) is required before prosecuting this offence (s. 7(1) of the 1883 Act).
You must prove that the act was carried out ‘maliciously’.
Sections 73 to 75 of the Explosives Act 1875 provide powers to search for explosives in connection with the offences under ss. 2, 3 and 4.
Examples of Explosive Substances
‘Explosive substance’ includes any materials for making any explosive substance; any implement or apparatus used, or intended or adapted to be used for causing or aiding any explosion (s. 9(1))
The definition of ‘explosive’ under the Explosives Act 1875 also applies to this offence (R v Wheatley [1979] 1 WLR 144). Therefore, fireworks and petrol bombs will be covered (R v Bouch [1983] QB 246). Articles which have been held to amount to ‘explosive substances’ include:
shotguns (R v Downey [1971] NI 224);
electronic timers (R v Berry (No. 3) [1995] 1 WLR 7; R v G [2009] UKHL 13);
gelignite with a fuse and detonator (R v McCarthy [1964] 1 WLR 196);
a parcel sent through the post which would ignite and cause a fire when opened (R v Margelis [2021] EWCA Crim 1215).
