Terrorism and Associated Offences

Question 1

Terrorism is defined in the Terrorism Act 2000

Answer 1

s1 Terrorism Act 2000

(1) The use or threat of action which is designed to influence the government or an international governmental organisation, or to 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.

(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.

Question 2

Membership of a Proscribed Organisation

Answer 2

s11 Terrorism Act 2000

(1) A person commits an offence if he belongs or professes to belong to a proscribed organisation (no need for formal indoctrination).

(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.

Penalty:

• Indictment – 10 years and/ or a fine.
• Summarily – 6 months and/ or a fine (wearing clothing/ article to arouse reasonable suspicion)

Question 3

Terrorism Act 2000: Financial Measures

These include…

Answer 3

• Inviting another provide money or other property (s 15(1)).
• Receiving money or other property (s 15(2))
• Providing money or other property (s 15(3))
• Using money or other property for the purposes of terrorism (s 16(1))
• Possessing money or other property (s 16(2))
• Arranging for money or other property to be made available (s 17)
• Concealing, moving or transferring any terrorist property (s18)

…Must be the intention or reasonable cause to suspect it may be used for terrorism.

Penalty (s 22):
- Indictment – 14 years imprisonment.

Question 4

Not disclosing information to a constable

Answer 4

s19 Terrorism Act 2000

(1) 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).

(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.

Penalty:

• Indictment – 5 years and/ or a fine.
• Summarily – 6 months and/ or a fine.

Question 5

Defences for not disclosing information about terrorism in your employment to a constable

Answer 5

s19 Terrorism Act 2000

(3) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.

(4) Where—
(a) A person is in employment,
(b) His employer has established a procedure for the making of disclosures of the matters specified in subsection (2), and
(c) He is charged with an offence under that subsection, it is a defence for him to prove that he disclosed the matters specified in that subsection in accordance with the procedure.

Question 6

What section of the Terrorism Act 2000 ensures that businesses can disclose information to the police without fear of breaching legal restrictions?

Answer 6

s20 Terrorism Act 2000

Question 7

Information about Acts of Terrorism which might be of material assistance

Answer 7

s38B Terrorism Act 2000

(1) This section applies where a person has information which he knows or believes might be of material assistance—
(a) In preventing the commission by another person of an act of terrorism, or
(b) In securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.

Penalty:

• Indictment – 10 years and/ or a fine.
• Summarily – 6 months and/ or a fine.

Question 8

Disclosure of and Interference with Information Offences

(1) Where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.

Answer 8

s39 Terrorism Act 2000

(2) The person commits an offence if he—
(a) Discloses to another anything which is likely to prejudice the investigation, or
(b) Interferes with material which is likely to be relevant to the investigation.

(3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 38B.

Penalty:

• Indictment – 5 years and/ or a fine.
• Summarily – 6 months and/ or a fine.

Question 9

What are some offences which related to the encouragement of Terrorism?

Answer 9

Terrorism Act 2006

s 1(2): Publishes a statement to encourage the commission, preparation or instigation of acts of terrorism or Convention offences.

s 2(1): Engages in the dissemination of terrorist publications.

Question 10

Arrest without Warrant for Terrorist Offences

Answer 10

s41 Terrorism Act 2000

(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

A magistrates court warrant may be obtained to enter and search for the purpose of entering and arresting.

Question 11

Search of a person for Terrorist Offences

Answer 11

s43 Terrorism Act 2000

(1) 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 evidence that he is a terrorist.
(4) …may seize and retain anything…which he reasonably suspects may constitute evidence that the person is a terrorist.

Question 12

Search of a vehicles for Terrorist Offences

Answer 12

s43A Terrorism Act 2000

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism.

(2) The constable may stop and search–
(a) the vehicle
(b) the driver of the vehicle
(c) a passenger in the vehicle
(d) anything in or on the vehicle or carried by the driver or a passenger

…to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.

(3) May seize and retain anything…

Question 13

Stop and search in specified locations

Answer 13

s47A Terrorism Act 2000

Allows a for an Assistant Chief Constable to authorise the stop and search of persons and vehicles by a constable in UNIFORM in a DESIGNATED area.

The area and duration of the authority must be no bigger or longer than necessary.

Question 14

What legislation allows for an area to be cordoned for a terrorist investigation?

Answer 14

s33/34 Terrorism Act 2000

This is a Superintendent rank authority, except in cases of urgency, and as normal they need to be informed asap with written records to support.

The power can be used for 14 days, it can be extended by a Superintendent to a max 28 days.

Cordons must be in uniforms and can order the removal of persons and vehicles.

Question 15

In this Act “terrorist investigation” means an investigation of—

Answer 15

s32 Terrorism Act 2000

(a) The commission, preparation or instigation of acts of terrorism,
(b) An act which appears to have been done for the purposes of terrorism,

(c) The resources of a proscribed organisation,
(d) the possibility of making an order under section 3(3), or

(e) The commission, preparation or instigation of an offence under this Act

Question 16

Police powers once a cordoned off area has been made

Answer 16

s36 Terrorism Act 2000

(1) 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.

Penalty:
- Summarily – 3 months and/ or fine.

Question 17

Causing explosion likely to endanger life or property

Answer 17

s2 Explosive Substances Act 1883

A person who…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.

Attorney-General consent is required.

Penalty:
- Indictment – Life imprisonment

Question 18

Attempting to Cause Explosion or Keeping Explosive with Intent

Answer 18

s3 Explosive Substances Act 1883

(1) A person who…unlawfully and maliciously—
(a) 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 injury to property.

(b) Makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life, or cause serious injury to property…or to enable any other person so to do.

Penalty:
- Indictment – Life imprisonment

Question 19

Making or Possessing Explosive under Suspicious Circumstances

Answer 19

s4 Explosive Substances Act 1883

(1) Any person who makes or knowingly has in his possession or under his control any explosive substance…to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an offence.

Penalty:
- Indictment – Life imprisonment

Question 20

Where there are firearms in terrorist activity there is no need to show it was for the purpose of what?

Answer 20

Influencing the government or intimidate the public part of the act.

Question 21

What rank can request details of passengers, services or crews of ships or aircraft, that includes the owner?

Answer 21

Superintendent

This is applicable to craft arriving or leaving or expected to do so or from any UK port or other place.

Question 22

What are the Terrorism Prevention and Investigation Measures (TPIM)?

Answer 22

Provides new powers to allow the Home Secretary to impose restrictions on the behaviour of a specified individual via means of a “TPIM” order.

The orders have a two-year limit and can be conditions like, report daily, stay away from areas or people, no foreign travel etc.

Penalty:

• Summarily – 6 months
• Indictment – 5 years

Question 23

TPIM has 5 conditions that must be met first to be authorised…

Answer 23

1. The SoS reasonably believes they are or have been involved in activity.
2. That some or all of the activity is new.
3. The SoS reasonably considers it is necessary for protecting the public from a terrorism risk.
4. The SoS reasonably considers it is necessary for restricting with conditions.
5. In urgent cases the SoS can impose without a court endorsing first.

Question 24

Interfering with Animal Research Organisations

Answer 24

s145 Serious Organised Crime and Police Act 2005

To commit this a person must do a tortius act (civil wrong) or criminal offence.

Must be shown that the act was likely or intended to cause the person to fail to perform contractual obligations, to terminate a contract or decide not to enter into a contract, so it’s about trying to stop the research activities.

The Director of Public Prosecutions (DPP) consent is required.

Penalty:

• Summarily – 12 months
• Indictment – 5 years

Question 25

Intimidation of persons connected with animal research organisation

Answer 25

s146 Serious Organised Crime and Police Act 2005

A person commits an offence if, with the intention of causing a second person to abstain from doing something which they are entitled to do (or to do something which they entitled to abstain from doing).

The Director of Public Prosecutions (DPP) consent is required.

Question 26

What does s1 of the Terrorism Act 2001 define an action to be?

Answer 26

(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.

Question 27

In terms of proscribed organisations, what must a defendant show by way of a defence?

Answer 27

(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.

Question 28

There are three key offences linked to explosives that I need to know for the examination:

Answer 28

Explosive Substances Act 1883

s2: Causing explosion likely to endanger life or property
s3: Attempting to Cause Explosion or Keeping Explosive with Intent
s4: Making or Possessing Explosive under Suspicious Circumstances

Question 29

Example of an s2 offence

Answer 29

s2: Causing explosion likely to endanger life or property

Pedro is an animal rights activist. He is protesting at the local zoo and sets up a crude homemade bomb to go off in the car park to frighten visitors. He is unconcerned if anyone is injured as he feels they deserve it because of the caged animals. The bomb goes off, no one is injured but cars are damaged.

Question 30

Example of an s3 offence

Answer 30

s3: Attempting to Cause Explosion or Keeping Explosive with Intent

Pedro is an animal rights activist. He is stopped by police placing a homemade bomb in the car park of the zoo. Luckily it never goes off but the clear intention from Pedro is there.

Question 31

Example of an s4 offence

Answer 31

s4: Making or Possessing Explosive under Suspicious Circumstances

Pedro is an animal rights activist however is not as militant as he used to be. Police are called for a separate matter and find under his bed a Molotov cocktail. he admits he made it several months earlier out of curiosity. The offence is made out.

Question 32

It is the 1st of June 2018. Kurt is a 17-year-old UK citizen fascinated with Nazi Germany. He has been speaking to Hans, a member of the SKD online.

Kurt decides to become a member of the SKD and joins them online for weekly meetings and is actively trying to recruit others.

In January 2020, Kurt meets Sally, an animal activist, and ash such misses the meetings in January and February.

The SKD becomes a proscribed organisation in February 2020.

Does Kurt have a defence to Membership of a Proscribed Organisation, s11?

Answer 32

• Yes, he does.
• (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.

Question 33

Terrorism Act 2000: Financial Measures

s 15(1)

s 15(2)

s 16(1)

s 16(2)

s 17

s 18

Answer 33

• Inviting another provide money or other property
• Receiving money or other property
• Providing money or other property
• Using money or other property for the purposes of terrorism
• Possessing money or other property
• Arranging for money or other property to be made available
• Concealing, moving or transferring any terrorist property