Terrorism and associated offences

Question 1

Terrorism definition

Answer 1

s1 Terrorism Act 2000
The use or threat of action where
The action is one of the below, and
The use or threat is designed to influence the government, an international government organisation, or intimidate the public or a section of the public, and
The use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

Actions:
Serious violence to person
Serious damage to property
Endangers a persons life
Creates a serious risk or the health and safety of public/section of public
Designed seriously to interfere with/seriously disrupt an electronic system

Question 2

What are the reasons for threat to be terrorism?

Answer 2

Political
Racial
Religious
Ideological

Question 3

What is it involved the use of firearms of explosives?

Answer 3

No need to show that the behaviour was designed to influence the government or intimidate the public/section of the public

Question 4

Membership of a proscribed organisation

Answer 4

s11 Terrorism Act 2000
Either way
Offence if D belongs to or professes to belong to a proscribed organisation
Defence if D proves the organisation was not proscribed when he became a member/began to profess, and
He has not taken part in any activities while it was proscribed.
E.g. Al-Qa-‘ida
What counts as membership will depend on the organisation
Evidential burden of proof

Question 5

Other proscribed organisation offences

Answer 5

s12 Terrorism Act 2000:
Inviting support, arrange or managing a meeting of 3+ people to support, further the activities or be addressed by a person belonging to a proscribed organisation
Addressing a meeting to encourage support or further the activities of the organisation
s13 Terrorism Act 2000:
Wearing an item of clothing, wearing, carrying or dislaying an article in such a way/such circumstances as to arouse reasonable suspicion that D is a member or supporter of a proscribed organisation
Summary and strict liability offence

Question 6

Financial measures

Answer 6

s15 -
Inviting another to provide money or other property
Providing money or other property
Receiving money or other property
s16 -
Possessing money or other property
Using money or other property for the purposes of terrorism
s17 -
Arranging for money or other property to be made available
s18 -
Concealing, moving or transferring any terrorist property
In each case intending that or having reasonable cause to suspect that it may be used for the purposes of terrorism
Reasonable cause to suspect = a reasonable person would suspect that the money might be used for terrorism

Question 7

Duty of disclosure - s19

Answer 7

s19 Terrorism Act
Either way
Where a person believes or suspects that someone has committed an offence under ss15-18 and bases his belief or suspicion on info that comes to his attention in the course of his trade, profession, business or employment
Must disclose to a constable as soon as reasonably practicable
If business is in the regulated sector it will be covered by s21A
So duty on businesses to report someone terrorist money laundering or committing other terrorist property offences
Defence if D proves he has a reasonable excuse for not making the disclosure

Question 8

Permission for disclosure - s20

Answer 8

S20 Terrorism Act 2000
Says businesses can disregard restrictions on disclosure imposed by statute or otherwise for the purpose of s19
Ensures that businesses can disclose information to the police without fear of breaching legal restrictions

Question 9

Information about acts of terrorism - s38B

Answer 9

s38B Terrorism Act 2000
Either way
Offence for any person who has information which he knows or believes might help prevent an act of terrorism or help bring terrorists to justice to not disclose it as soon as reasonably practicable
Defence if D proves he had a reasonable excuse for not making the disclosure

Question 10

Tipping off - s39

Answer 10

s39 Terrorism Act 2000
Either way
Where a persons knows or reasonably suspects that a constable is conducting a terrorist investigation, D commits an offence if he discloses to another anything likely to prejudice the investigation, or
Interference with material likely to be relevant to the investigation
Known as tipping off
Defence if D proves he did not know or reasonably suspect that the disclosure or interference was likely to effect the investigation or he had reasonable excuse for the disclosure

Question 11

Encouragement of terrorism offences

Answer 11

S1(2) Terrorism Act 2006 -
Publishes a statement to encourage the commission, preparation or instigation of acts of terrorism or convention offences
S2(1) Terrorism Act 2006 -
Engages in the dissemination of terrorist publications
Must prove the publication glorifies the act of terrorism and a reasonable person would understand the statement as an encouragement or inducement to them to commit, prepare or instigate an act of terrorism.
Glorification - any form of praise or celebration
Convention offences - offences in sch 1 e.g. explosives, hostage taking, hijacking

Question 12

Arrest without warrant

Answer 12

S41 Terrorism Act 2000
A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist
Terrorist - person who has committed one of the main terrorism offence under the act or is or has been concerned in the commission, preparation or instigation of acts of terrorism
May apply under s42 for a magistrates warrant authorising any constable to enter and search specified premises for the purpose of arresting a person to whom s41 applies

Question 13

Search of person

Answer 13

S43 Terrorism Act 2000
A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute that he is a terrorist.
Can also search a person arrested under s41 for the same
If a vehicle is stopped, it may be searched and anything in or on it
Can seize anything which may be evidence

Question 14

Search of vehicles

Answer 14

s43A Terrorism Act 2000
Where a constable reasonably suspects that a vehicle is being used for the purposes of terrorism, they may stop and search the vehicle, driver, passengers and anything in or on the vehicle or occupants for evidence that the vehicle is being used for the purposes of terrorism.
May seize and retain any evidence

Question 15

Stop and search in specified locations

Answer 15

S47A Terrorism Act 2000
A senior police officer may give an authorisation in relation to a specific area if he reasonably suspects that an act of terrorism will take place and reasonably considers that this is necessary to prevent such an act, the specified area is no greater than necessary and the duration is no longer than necessary.
Can seize any evidence
Must be assistant chief constable or above

Question 16

Power to cordon areas

Answer 16

s33 Terrorism Act 2000
May cordon an area if necessary for a terrorist investigation
Person making designation should put in writing as soon as reasonably practicable
Should use police tape

Question 17

Terrorist investigation meaning

Answer 17

s32 Terrorism Act 2000
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 part 1 Terrorism Act 2006 (except ss1-2)

Question 18

Cordons - power to designate

Answer 18

s34 Terrorism Act 2000
Made by an officer at least rank of Superintendent (unless urgent then constable can)
Period of designation begins at time order is made and ends on date specified in order - no more than 14 days but can be extended for up to 28 total

Question 19

Cordons - police powers

Answer 19

s36 Terrorism Act 2000
A constable in uniform may
Order a person to leave cordoned area immediately
Order a person immediately to leave premises wholly or partly adjacent to cordoned area
Order driver or person in charge of vehicle in cordoned area to move it immediately
Arrange for removal of vehicle from cordoned area
Arrange for the movement of vehicle within a cordoned area
Prohibit or restrict access to cordoned area
Failure to comply is a summary offence
Defence if D shows he had a reasonable excuse for failure to comply
Request must be for policing purpose

Question 20

Causing explosion likely to endanger life or property

Answer 20

s2 Explosive Substances Act 1883
Indictable
Guilty if D unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or cause serious damage to property
Need consent of AG before prosecuting this offence
Fireworks and petrol bombs are included
Also includes shotguns, electronic timers and gelignite with a fuse and detonator
Have power to search for explosives under this section from ss73-75 Explosives Act 1875

Question 21

Attempting to cause explosion or keeping explosive with intent

Answer 21

s3 Explosive Substances Act 1883
Indictable
Guilty if D unlawfully and maliciously does any act with intent to cause or conspires to cause by an explosive substance an explosion of a nature likely to endanger life or cause serious damage to property, or
Makes or has in his possession or control an explosive substance with intent to endanger life or cause serious damage to property
Does not matter if explosion actually takes place or serious injury/damage is caused
Just the intent
In the UK or elsewhere

Question 22

Making or possessing explosives under suspicious circumstances

Answer 22

s4 Explosive Substances Act 1883
Guilty if D makes or knowingly has in his possession or control any explosive substance under such circumstances as to give rise to a reasonable suspicion that it is not for a lawful object, unless D can show otherwise
Need AG consent before prosecution can be brought
Must show they had in possession and knew the nature of it
Reasonable suspicion - objective test
Lawful object will be determined in each case
No need to show any criminal intent or unlawful purpose