Terrorism

Question 1

Neil overhears a conversation at church in relation to the local Detective Sergeant starting an investigation in relation to terrorism. Neil believes that this investigation may lead them to his friend Carl who has been secretly having meetings in relation to an attack on the Royal Family, whom he blames for all of the ills of society. Neil drives straight over and tells Carl that the Detective Sergeant is starting the investigation and as such Carl destroys all of his hard drives and Sim cards that have information on them.

What offence has Neil committed under the Terrorism Act 2000?

Answer 1

Disclosure of Information etc (s.39)

Question 2

PC Thomas has made a fast time decision to cordon off an area under s.33 The Terrorism Act, s.33. As soon as is reasonably practicable he needs to do what?

Answer 2

Make a written record of the time the designation was made and ensure that an officer of at least the rank of Superintendent is informed.

Question 3

Which of the following is correct when it comes to time limits with designated cordoned areas?

1. An initial designation cannot extend beyond 14 days and there is a time limit of 29 days on extended designations.
2. An initial designation cannot extend beyond 7 days and there is a time limit of 28 days on extended designations.
3. An initial designation cannot extend beyond 14 days and there is a time limit of 28 days on extended designations.
4. An initial designation cannot extend beyond 7 days and there is a time limit of 30 days on extended designations.

Answer 3

3. An initial designation cannot extend beyond 14 days and there is a time limit of 28 days on extended designations.

Question 4

John has spent two weeks in Afghanistan. The purpose of his visit was to undertake weapons training in a camp belonging to a group that is called ‘Death to The West’. John is arrested at Heathrow on his return for section 8 of the Terrorism Act 2006, attending a place used for terrorist training. He says in an interview that he neither knew nor believed that the camp was designed for terrorist training.

Considering the mens rea required for this offence under section 8 of the Terrorism Act 2006, has John committed an offence?

Answer 4

Yes, as he could not reasonably have failed to understand that instruction or training was being provided there wholly or partly for such purposes

Question 5

Fight Against Fascism is a group protesting outside The Houses of Parliament against an issue in a foreign land. During the protest, attending officers are sprayed in the face by the protestors. The protesters claim it is acid, but in actual fact its just water.

In order to convict, the prosecution would have to show what under S114 Anti-terrorism, Crime and Security Act 2001?

Answer 5

In order to convict, the prosecution would have to show that the person intended that any person would fear either that his or her life was endangered or that there would be a serious risk to human health

Question 6

Section 2 of the Terrorism Act 2006 talks about the encouragement of terrorism through the dissemination of terrorist publications.

Considering this piece of legislation, describe the mens rea necessary for this offence?

Answer 6

A person commits an offence if he engages in conduct and at the time he intends an effect of his conduct to be a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism, or is reckless as to whether it will have that effect

Question 7

The Terrorism Act 2006 can be summarised as covering three broad areas of terrorist activity. Which of the following is correct in relation to what these three areas are?

Answer 7

Encouraging, preparing and offences involving radioactive devices and materials

Question 8

S47 of the Terrorism Act 2000 allows for certain police powers in relation to Stop and Search. Describe the powers.

Answer 8

S47 allows for a Chief Constable to authorise the stop and search persons and vehicles by a constable in uniform in a designated area. The area and duration of the authority must be no greater or longer than is necessary to prevent an act

Question 9

Abdul is the manager of a restaurant and has recently taken on two new waiters. One of the waiters Jeshan continually speaks about Al-Qaeda and how the British media mis-represents them. Abdul does not think much of this but as the weeks move on he starts becoming more concerned. Abdul finds a bank statement from an account linked to Jeshan, which shows numerous large payments from abroad being paid in. These are far in excess of what he would be paid in a year. Abdul suspects that Jeshan is looking after money related to Al-Qaeda.

Considering the offence of Disclosure of Information (s.19 Terrorism Act 2000) what must Abdul do?

Answer 9

Abdul must disclose this information to a constable as soon as practicable and including the information on which it is based.

Question 10

If Jim and Mary who have recently bought their first flat together discover explosive material in their loft, in a bag attributable to the previous tenant, Bob, who if anyone is guilty of the offence of Making or possessing explosives under suspicious circumstances, S4 of the Explosives Act 1883?

Answer 10

Bob

Question 11

T/DC Harris comes to you as his Detective Sergeant and mentor. “Sergeant, have heard that the threshold for Terrorism related offences is higher than normal offences. Is this correct?”

What do you tell T/DC Harris?

Answer 11

The Terrorism Act 2000, s.41 states: A constable may arrest without warrant a person who he reasonably suspects to be a terrorist.

Question 12

S1 Terrorism Act 2000 defines what terrorism is. Which of the following is correct?

Answer 12

Terrorism is an action or use or threat of action, which is designed to influence government or an international governmental organisation, or to intimidate the public or a section of the public and the use of the threat is to advance a political, religious, ideological or racial cause

Question 13

The Counter-Terrorism and Border Security Act 2019 has added to section 13 of the Terrorism Act 2000, in relation to publication of images and seizure of articles to now also include ‘uniform’.

Considering this section, when Bob, one evening decides to post on his social media account a picture of an identifiable piece of clothing of a proscribed organisation, along with a comment ‘anyone fancy making a contribution to the cause as well?’, is Bob liable for the section 13 offence?

Answer 13

Yes, in these circumstances the offence is complete

Question 14

The Counter-Terrorism and Border Security Act 2019 has added to section 12 of the Terrorism Act 2000, in relation to expressions of support for a proscribed organisations.

Peter goes on line and puts an announcement out on social media extoling what he believes are the virtues of Combat 18. Peter is reckless as to whether anyone will be encouraged to support Combat 18 as a result.

Answer 14

Yes, the offence is complete in these circumstances

Question 15

‘Race Warriors’, was proscribed by the Secretary of State as a ‘Proscribed Organisation’ in February 2018. John had been an active member since January 2015 involved largely in hosting groups and handing out leaflets. John’s mother had sadly got ill in November 2017 and as such he had put all activities surrounding ‘Race Warriors’ on hold.

Considering the offence of Membership of a Proscribed Organisation (Terrorism Act 2000, s.11) does John have a defence if charged with the offence?

Answer 15

Yes he has a defence, as he had not taken part in any activities since the group was proscribed.

Question 16

Causing explosion likely to endanger life, S2 Explosives Act 1883 is an indictable offence and comes with life imprisonment. Whose authority is required to prosecute for this offence?

Answer 16

The Attorney General

Question 17

DS James is in plain clothes and is involved in the investigation in relation to a terrorist package within a designated cordoned area. He spots a man in his car who should not be there and approaches him.

Which of the following is correct in relation to Police Powers under s.36 of The Terrorism Act 2000?

Answer 17

DS James is not in uniform therefore does not have any police powers under s.36 in relation to making people leave or removing vehicles.

Question 18

In relation to tackling Terrorism, a law enforcement thrust is very much around tackling the funding for terrorism so; inviting, providing, receiving, processing or arranging in relation to monies or property are all offences, where there must be intention or reasonable cause to suspect that it may be used for the purpose of terrorism. There is also using money and concealing/moving/transferring money or other property for the purpose of terrorism. What sentences are these offences punishable with?

Answer 18

14 years

Question 19

Patrick is on holiday with his friend Phil. They are steadily getting drunk in a bar when Patrick tells Phil that his brother Tommy is wanted for Terrorism offences after he got involved with an extremist group. Phil tells Patrick that he is aware of this as he saw it on the news. Patrick taps his nose and says, ‘Yes but what they didn’t tell you is that Tommy is hiding out in the loft at The Bull and Parrot Pub in East London’. The conversation changes and the next morning Patrick confesses to not remembering what was said the night before.

Considering the offence of Information about Acts of Terrorism (Terrorism Act 2000, s.38B) which of the following is correct?

Answer 19

Phil needs to disclose the information as soon as practicable to a constable as it could lead to the apprehension of a wanted terrorist

Question 20

Phil lives at home with his parents. He is obsessed with the film Commando and wishes to make a bomb to impress his friends. On 6th November Phil wakes up early and collects up all of the used fireworks in the area. He brings them home in a black sack and pours all of the left over gunpowder from each one into a sealed plastic pipe. He then places the sealed pipe on his window sill to show his friends. A few years later, after Phil has moved out his mother finds it and concerned takes it to the Police. Phil attends the police station and confirms it is his from many years ago. He apologises and says it was a phase he was going through and it can be disposed of.

Considering the offence of Making or Possessing Explosive under Suspicious Circumstances – Explosive Substances Act 1883, s.4 which of the following is correct?

Answer 20

Phil is still guilty of the offence under these circumstances

Question 21

Hooper and Martin are two bored 15 year olds. They find a canister filled with petrol and for a laugh fill up two milk bottles and put rags in the top. Their plan is to wait for Neville to walk home from school and to throw the lit milk bottle behind him to scare him. They see Neville and throw the bottle filled with petrol. The bottle hits the ground and causes a massive explosion, much bigger than they expected and causes serious burns to Neville. They run over and help Neville instantly regretting what they have done.

Considering the offence of Causing Explosion Likely to Endanger Life or Property (Explosive Substances Act 1883, s.2) is the offence made out?

Answer 21

The offence is not made out as Hopper and Martin have not been malicious in their actions.

Question 22

Rolf decides to phone his local radio station and say ‘There’s a bomb going off in 5 minutes’. He does it for a joke, not intending anyone to take him seriously.

Has Rolf committed the offence of Communicating False Information under the Criminal Law Act 1977?

Answer 22

No because it was a joke. This is an offence of specific intent, therefore the defendant’s mindset is important. The Act talks about an intention of inducing in him or any other person a false belief that a bomb or other thing is liable to explode or ignite is present in any place

Question 23

Bill goes and buys three boxes of fireworks. He is aware that the local school will be having a bonfire that night and have built a large structure ready to be lit. He places all of the fireworks underneath the wood of the bonfire concealing it from view. He is well aware that when the fire hits, all of the fireworks will go off instantaneously and cause a huge explosion.

Considering the offence of Causing Explosion Likely to Endanger Life or Property (Explosive Substances Act 1883, s.2) is the offence made out?

Answer 23

The offence is made out in these circumstances

Question 24

“Criminal intent is required in relation to ‘Making or Possessing Explosive under Suspicious Circumstances – Explosive Substances Act 1883, s.4”

Is the above statement correct?

Answer 24

Criminal intent is not required for this offence to be made out

Question 25

DC Harris has information that leads him to reasonably suspect that a vehicle containing three persons is being used for the purposes of terrorism. He stops the vehicle and finds Martin driving and Stephanie in the passenger seat. They have a roof box on the car and Stephanie is clutching a briefcase.

Considering search of vehicles under s.43A of The Terrorism Act 2000 what can he search?

Answer 25

DC Harris can search Martin and Stephanie, the roof box and the briefcase under this power.

Question 26

Tony is friends with Gary although has concerns that he is becoming obsessed with Nazi ideology. Gary has started sending Anti-Semitic text messages through that Tony deletes. Recently though Gary’s messages have become more angry and as such Tony receives one naming a specific synagogue and a date. The message attached states ‘Enough talk, action needed’. Tony believes that Gary intends to commit an offence of terrorism, in fact Gary is intending on handing out leaflets in relation to Holocaust denial.

Considering the offence of Information about Acts of Terrorism (Terrorism Act 2000, s.38B) what must Tony do?

Answer 26

Tony has information which he knows or believes may be of assistance in preventing an act of terrorism therefore must disclose the information as soon as practicable.

Question 27

T/DC Harris comes to you in relation to s.47A of The Terrorism Act 2000, s.47A where stop and search can be authorised for a specific location. He says that he knows the senior officer may give authorisation if he suspects an act of terrorism takes place and that it is necessary but is unsure of some of the details or what rank a senior officer is.

What do you say?

Answer 27

A Senior Officer must be at least the rank of ACC or Commander and any constable in uniform can carry out the search once authorised

Question 28

What defence is available for someone facing allegations of being a member of a Proscribed organisation?

Answer 28

The burden of proof is on the defendant to show that the organisation was not so proscribed at the time of his alleged membership and that he has not taken part in the activities of the organisation at any time while it was so proscribed

Question 29

Terrorism Prevention an Investigation Measures (TPIM) are civil preventative measures, with restrictions imposed by the secretary of state, who can’t be prosecuted or deported. There are certain conditions which must be met for a TPIM to be issued. Which of the following is correct?

Answer 29

For a TPIM to be issued the Secretary of State must reasonably believe it to be necessary for protecting the public from a terrorism risk and they must reasonably believe it to be necessary for conditional restrictions to be imposed

Question 30

Section 36 of the Terrorist Act 2000 explains the use and management of police cordons. As it happens a cordon is in place in the local town and the constabulary is utilising all available resources to enforce the power, which means they are using CID officers (not in uniform) until mutual aid is in place. Which of the following statements is correct in relation what these CID officers can do in this situation?

Answer 30

The CID officer may not order a person in a cordoned area to leave it immediately order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area as they are not in uniform

Question 31

Race Warriors’, was proscribed by the Secretary of State as a ‘Proscribed Organisation’ in February 2018. Dan professes to be a member of the ‘Race Warriors’ but in fact he had only attended one meeting in June 2016 and was asked to leave owing to his abusive demeanor. He was never granted membership. Dan however still considers himself a member even though the rest of the organisation will not engage with him. In March 2018 Dan puts up posters in his window facing onto the road advocating ‘Race Warriors’ and wears a T-Shirt with their name on.

Considering the offence of Membership of a Proscribed Organisation (Terrorism Act 2000, s.11) does Dan have a defence if charged with the offence?

Answer 31

No, professing membership to a group is enough and he has been active by promoting the group by putting posters up.

Question 32

Section 11 of the Terrorist Act 2000 tells us that membership of a proscribed organisation is an either way offence and that to commit a person is either a member of professes to be a member.

Which of the following is correct in relation to the maximum sentence available on indictment for this offence?

Answer 32

10 years