Terrorism Introduction Flashcards
Q: What governs the law on terrorism?
It is spread across common law and statute.
It includes a wide range of criminal offences and civil powers.
Q: What is the main Act governing terrorism offences?
Terrorism Act 2000- intended to be a comprehensive framework for modern CT powers. However, 9/11 brought about additional statutes both amending and supplementing this Act.
Because of the serious risk posed to society generally and our democratic systems by acts of terrorism, special laws were created to assist prevention, disruption, and detection.
Q: What is terrorism?
There is no universally agreed definition.
Current definition under UK law- s1 Terrorism Act 2000
(1) In this Act ‘terrorism’ means 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.
What sorts of actions fall within this subsection?
(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.
Terrorist offences are motivated by something other than mere personal gain or revenge. They have political, religious, racial or ideological motivations.
Q: Summarised definition of terrorism
Terrorism- the use or threat of some kind of action (whether in or outside the UK) involving serious violence against people, serious damage to property, serious risks to health or safety or serious interference with any electronic system, which is designed to influence an international governmental organisation or to intimidate the public or a section of the public. It must also be the purpose of advancing a political, religious, racial or ideological cause.
Q: What condition is not required if a firearm or explosive is used?
Where a firearm, explosive or air weapon there is no need to show that the act was designed to influence. But it would still need to be made for the purpose of advancing some kind of political, religious, racial or ideological cause.
Q: Does it all have to take place in the UK?
S4- references to ‘actions’, ‘persons’, ‘property’, ‘the public’ or the ‘government’ apply to both the UK and abroad.
So the action itself may take place outside the UK and the government or public that the action is aimed at might be outside the UK.
Q: Is it just about acts or threats of violence?
No! Conduct affecting computer networks, financial systems, utilities, air traffic control, any serious disruption to the systems that are integral to modern life may also be covered by the definition.
Q: Does s1 create any offences?
S1 doesn’t create any offence in itself. It provides the basis for a number of specialist offences and triggers a number of powers. For an actual offence to be committed, the conduct and relevant mental elements must be proven under a specific terrorism law or some other domestic criminal law.
What powers does it give the police? Examples!
Eg: it enables the authorities to take action in relation to suspected breaches of s1 Terrorism Act 2006 which makes it an offence to publish a statement intended to indirectly encourage acts of terrorism.
It allows the Home Sec to proscribe organisations under s3 Terrorism Act 2000.
It allows the police to deal with terrorist property.
It allows the police to cordon areas.
It allows the police to arrest a person reasonably suspected of being a terrorist without warrant under s41.
It allows the police to stop and search under s44.
It allows the police to detain and question persons at ports of entry.
