Terrorism
The terrorism laws were updated and consolidated in the United Kingdom by the Terrorism Act 2000. The Act also made provision for Northern Ireland, some parts of which have since been replaced.
Terrorism is defined as the use or threat of action constituting serious violence, serious damage to property, endangerment to life, making a serious risk to the health or safety of the public or a section of the public, or is designed to interfere with or disrupt an electronic system. Where this is known to influence the government or 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, or ideological cause.
The use of firearms or explosives is terrorism, irrespective of whether the use of threats is designed to influence the government, intimidate the public, or a section of the public.
Action inside and outside the United Kingdom is covered. The government may be a government of the United Kingdom, any part of the United Kingdom, or another country. An action taken for the benefit or purposes of terrorism includes action taken for the benefit of proscribed organisations.
Organisations may be proscribed by reason of being listed in the legislation or being added to it by the Secretary of State. The Secretary of State may exercise the power only in relation to organisations which he believes are concerned in terrorism. Being concerned in terrorism includes committing, participating in an act of terrorism, preparing, promoting, encouraging, or otherwise being concerned in terrorism.
A person or organisation may promote or encourage terrorism or its activities, including the unlawful glorification of the commission or preparation, whether in the past or future, generally of acts of terrorism, or carried out in a manner that ensures the organisation is associated with statements containing such glorification.
The glorification of conduct is unlawful if there are persons who may become aware of it and who could reasonably be expected to infer that what is being glorified is conduct that should be emulated in existing circumstances or a conduct, instead of a type of conduct which should be emulated. Glorification includes any form of praise or celebration.
A person commits an offence if he belongs to a proscribed organisation. It is a defence to prove that the organisation was not proscribed, and the last occasion on which he became a member or began to profess being a member, and he has not taken part in an activity at any time while it was proscribed.
A person is subject to up to 10 years’ imprisonment on conviction on indictment or six months’ imprisonment and a fine not exceeding the statutory maximum, or both. It is an offence to invite support for a proscribed organisation. Support is not restricted to the provision of money or property.
A person commits an offence if he arranges, manages, or assists in arranging or managing a meeting which he knows is for the support of a proscribed organisation for those activities or is to be addressed by a person who belongs or professes to belong to such an organisation. A person commits an offence if he addresses a meeting and the purpose of the address is to encourage support for a proscribed organisation for its activities.
It is an offence to prove he had no reasonable cause to believe that the address mentioned would support a proscribed activity, organisation, or further its activities.
A person commits an offence in a public place if he wears an item of clothing or displays an article in such a way as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. A person guilty of an offence under this section is liable on summary conviction to imprisonment of up to six months or a fine at level 5 on the scale, or about 51 weeks’ imprisonment.
An offence is committed if a person fails to stop a vehicle when required to do so by a constable exercising authorized stop and search powers under the legislation. Subject to imprisonment up to six months or a fine at level 5.
It is an offence to provide instruction or training in the use of firearms, radioactive material, weapons designed for discharging radioactive material, explosives, chemical, biological or nuclear weapons. It is an offence for a person to receive instruction or training in any of the above. It is an offence to invite another to receive instruction or training which would constitute an offence irrespective of where training is to take place.
It is a defence for a person charged with an offence in relation to instruction and training to prove that his action or involvement was for a purpose other than assisting in preparing for or participating in terrorist acts. Must be wholly for such purpose.
The court may forfeit anything in the person’s possession for such a purpose. A person guilty of the offence is subject to imprisonment for up to 10 years on indictment or an unlimited fine or, in summary conviction, imprisonment up to 12 months or a fine not exceeding the statutory maximum or both.
A person commits an offence if he directed any of the activities of an organisation concerned with the commission of acts of terrorism. The offence is subject to punishment on conviction on indictment up to life imprisonment.
It is an offence to possess an article in circumstances which give rise to the reasonable suspicion that his possession is for a purpose connected with the commission, preparation, or instigation of an act of terrorism. It is a defence to the offence to prove that possession of the article was not for such purpose.
If it is proved the articles were on premises at the same time as the accused or premises of which the accused was occupied or habitually used other than as a member of the public, the court may assume that the accused possessed the article, unless he proves he did not know of its presence or had no control over it.
The more serious terrorist offences apply to terrorist attacks or threats by UK nationals and residents overseas. This applies to the terrorism financing offences as well as terrorism offences themselves.
Where specified, offences are carried out outside the United Kingdom which would have constituted an offence if done in the United Kingdom, UK nationals or residents are guilty of the offence; the legislation applies to certain of the specified more serious offences.
Similarly, if any person does anything outside the United Kingdom as an act of terrorism or for the purpose of terrorism in relation to a United Kingdom national or resident or protected person, he is guilty of an offence. The listed offences apply to the more serious attacks against the person as well as certain offences against property.
Certain terrorist attacks and threats against UK diplomatic premises abroad which are done in the United Kingdom would constitute acts of terrorism or, if done for the purpose of terrorism, constitute an offence in the United Kingdom.
The proscribed organisations include the Irish Republican Army, Cumann Na mBan, Fianna Na hÉireann, Red Hand Commando, Saor Éire and Ulster Freedom Fighters, Ulster Volunteer Force, Irish National Liberation Army, Irish People’s Liberation Organisation, Ulster Defence Association, Loyalist Volunteer Force, Continuity Army Council, Orange Volunteers, Red Hand Defenders, and numerous other organisations.
It is an offence to make or have in one’s possession radioactive material with the intention of using the material in the course of or in connection with the commission or preparation of an act of terrorism or for making it available to be so used. The radioactive advice includes nuclear weapon or nuclear explosive device, radioactive material, dispersal device, radiation-emitting device. A person is liable on conviction on indictment to imprisonment for life.
It is an offence to use radioactive device or material in the course of or in connection with the commission of acts of terrorism or for such purpose. It is an offence in the course of or in connection with an act of terrorism or for such purpose to use or damage a nuclear facility in a manner that causes the release of radioactive material or increases the risk of such release. A person guilty of an offence under the above provisions is liable on conviction to imprisonment up to life.
It is an offence in connection with the commission of an act of terrorism or such purpose to make a demand for the supply to himself of radioactive device or material or for a nuclear facility to be made available to themself or another or for access to be given. If the demand and support or the circumstances and manner of the threat are such that it is reasonable for the person to whom it is made to assume that there is a real risk attached would be carried out if the demand is not met. A person is guilty of an offence on conviction on indictment of imprisonment of up to life.