Terrorism & Security
The Terrorism Act amended and updated anti-terrorism legislation. It replaces the previous legislation which was renewed annually. The Anti-terrorism, Crime and Security Act 2001 gave additional powers to security forces following the September 2011 terrorist attacks on New York and Washington. It sought to delay the terrorist finance and to enable agencies to collect their information in order to deal with threatened incidents.
The House of Lords held that powers to detain persons indefinitely without charge or trial, suspected of involvement in international terrorist activity, cannot be deported while being consistent with European Convention rights. The Act facilitated the disclosure of information to police and security forces by various public bodies.
The United Nations adopted Security Council resolutions on the fight against terrorism together with 12 Anti-terrorist Conventions in a range of areas including combating terrorism, including bombing, hijacking, supply of weapons, prosecution, extradition, hostage-taking.
The Council of Europe, Committee of Experts on Terrorism prepared the Council of Europe Convention on the Prevention of Terrorism and the Council of Europe Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds of Crime and Terrorist Financing.
The Council of European Union Framework Decision on Combating Terrorism requires States to take necessary action to prevent terrorist actions with the purpose of seriously intimidating a population or compelling a government or organization or body to perform or abstain from any act or the destabilizing or destroying the mental, political, constitutional, economic, or social structure of a country or organization, are to be defenses under domestic law.
The Terrorism Act defines terrorism to mean action that involves serious violence against a person, serious damage to property; endangers a person’s life, other than that of the person committing the action; creates a serious risk to the health or safety of the public or a section of it; is designed seriously to interfere with or seriously to interrupt an electronic system. Where the use or threat of any of the above is designed to influence the government or international organization or to intimidate the public or a section of the public or to use or threaten for the purpose of advancing, the use or threat is made for the purpose of advancing a political, religious, racial, or ideological cause.
The action may take place outside the United Kingdom. The reference to the public includes the public of another country.
The Terrorism Act provides for the prescription of organizations. Prescribed organizations are listed. The list may be extended by the Secretary of State to organizations which he believes are engaged, concerned in terrorism.
An organization may be concerned in terrorism if it commits, participates in, prepares or promotes or encourages terrorism or is otherwise concerned in it. Bodies that are prescribed may appeal to the prescribed organization’s Appeals Commission. If the Minister refuses to remove them from the list of terrorist organizations, the Appeals Commission reviews the decision with reference to the principles of judicial review. There is an appeal on a point of law to the Court of Appeal.
It is an offense to be a member, give certain support to prescribed organizations. A person guilty of an offense is liable on conviction to a fine up to 10 years on indictment or on a summary conviction, imprisonment up to six months. A person must be a member at the time as prescribed and or taken part in its activities.
It is an offense to invite, support or arrange, manage or assist in arranging or managing a meeting or to address a meeting. A meeting is a meeting of three or more persons regardless of whether the public is admitted.
The wearing of clothing or articles in a public place such as to arouse reasonable suspicion that the person is a member or supporter of a prescribed organization is an offense. A person may be convicted on summary conviction subject to a fine at level 5 and up to six months’ imprisonment.
It is an offense to undertake or be involved in fundraising for terrorist activities. It is an offense to invite, support, or receive assets which are intended or where there is reasonable cause to suspect that they may be used for terrorist purposes. Civil proceedings may be taken to confiscate cash and assets seized.
It is an offense to incite another to commit an act of terrorism outside the United Kingdom, if it would constitute an offense in the United Kingdom. If it would constitute any of the following: murdering, wounding, serious wounding with intent, explosions endangering life, use of biological or chemical weapons, causing explosions, certain other.
An immigration officer, customs officer, or a police officer may stop and question a person at a port, airport, or border area, for the purpose of determining whether he is suspected of being concerned in the commission, preparation, etc. of acts of terrorism. The person must provide information requested and produce valid identification documents. He may be detained up to nine hours and may be further detained under another power.
Powers of search are given. Ships and aircraft may be searched.
The Prevention of Terrorism Act 2005 provides for preventative orders in relation to involvement in terrorist activity. The law was reformed by the Terrorism Prevention and Investigation Measures Act 2011.
The Terrorism Act 2006 followed the July 2005 attacks in London. It widened the definition of terrorism, extended grounds for detention and periods of detention, provided for a review of the terrorism legislation every 12 months and a report to Parliament, to the Secretary of State and Parliament. Terrorism was extended to include actions and threats or using noxious substances or things to influence the government or international organization. Encouragement of terrorism includes a statement that is likely to be understood by some or all members of the public to whom it is published as a direct or indirect encouragement or other inducement for the commission, preparation, and instigation of acts of terrorism or offenses under Terrorism Conventions.
The legislation provides that it is an offense to publish a statement or cause another to publish a statement with the intention that members are directly or indirectly encouraged to commit, prepare, or instigate acts of terrorism or Convention offenses. Indirect encouragement includes, is a statement describing terrorism in such a way that the listener would infer that he should emulate it. It is an offense to disseminate a terrorist publication, being reckless or with the intention of directly or indirectly encouraging or inducing the commission, preparation, or instigation of acts of terrorism.
Conduct undertaken in preparation for committing or assisting another to commit acts of terrorism is an offense. Training, providing training or receiving instruction or training in skills relating to terrorism is an offense. Making and possession of radioactive materials or devices, misuse of devices or materials or demands or threats relating to them are criminal offenses. The last mentioned offense is subject to a life imprisonment with an ultimate 10 years and #[10:46] ultimate life imprisonment.
The period for which a person may be detained without charge is extended to 28 days and reduced to 14 days by the Protection of Freedoms Act 2012.
The Counterterrorism Act 2009 further amends the definition of terrorism, so that it includes advancing a radical cause, including political, religious, and ideological causes. The Act makes further provision for gathering information for anti-terrorism purposes and extends police powers of search and entry and seizure.
The Terrorism Prevention and Investigation Measures Act 2011
The Terrorism Prevention and Investigation Measures Act 2011 provides for terrorism prevention and investigation measures. These include travel restrictions; exclusions from areas; restrictions on financial services and property transactions; restrictions on the use of electronic equipment; restrictions on employment, studies, reporting, and monitoring requirements; overnight residence requirements.
Measures may be imposed if the Secretary of State reasonably believes that the individual is involved in terrorist-related activity, that some or all of the activity is new terrorism-related activity; that the Secretary of State reasonably considers that it is necessary, for purposes concerned with protecting members of the public from a risk of terrorism, for the measures to be imposed; Secretary of State reasonably considers it necessary, for the measures to be imposed; that the court gives the Secretary of State permission or the Secretary of State reasonably considers that the urgency of the matter requires that measures be taken without obtaining the permission of the court.
Terrorist-related activity includes the commission, preparation, or instigation of acts of terrorism; conduct that facilitates or encourages terrorism; and conduct that gives support or assistance to individuals known or believed to be involved in terrorism.
Measures may last for a year and may be extended once provided the conditions are met. The measures may be varied by the Secretary. The individual may apply for variation. They may be revoked or revived.
The individual appeals to court. He may also appeal to the Secretary of State for variation. He may appeal to court.
There is an appeal against the decision of the Secretary in relation to matters that require the consent of the court. The court may revoke or vary the measures.
The Secretary of State must report to Parliament quarterly on the operation of the Act. An independent reviewer is to be appointed in relation to the working of the Act. He must report to the Secretary of State. His report must be laid before Parliament. The Protection of Freedoms Act reduces the period of detention from 28 to 14 days. The period may be increased in an emergency. New provisions are made for it in relation to terrorist activity. The Secretary of State must publish a code of practice on the exercise of stop, search and seizure powers.
There is increased control for overheads of supervision over surveillance. Judicial approval is required by local authorities for the use of covert investigations.
The Counterterrorism and Security Act 2015
The Act makes provision for stopping persons traveling from the UK to fight for terrorist organizations abroad. Where a police officer has reasonable grounds to believe that a person intends to become involved in terrorist activities overseas, he may stop and search the person. The police officer must notify the person concerned of the suspicion. Directions may be given by the police officer to customs and immigrations for the retention of passport or retention of travel documents and tickets.
They may be retained where the Secretary of State considers whether the person’s passport should be canceled, the person should be charged with an offense subject to orders or measures for the protection of the public.
The decision to retain documents must be reviewed within 72 hours. Documents must not be retained for more than 14 days unless extended by a judge to a period of up to 30 days.
A person concerned may be excluded from the hearing. He may make, be legally represented and make representations. A code of practice is to be provided in relation to the exercise of the powers.
Temporary exclusion orders prohibit persons returning from the UK unless specifically permitted by the Secretary of State by permit. They may be where the person reasonably suspects the individual being involved in terrorism-related activities outside the UK and believes that the position of the order is necessary to protect the public in the UK from a risk of terrorism.
Court permission is required. The court’s function is limited to considering whether the decision is obviously flawed. A temporary exclusion order may be imposed without court permission if the Secretary of State reasonably believes that it is urgently needed, the matter must be referred to court immediately afterwards.
Where a temporary exclusion order is made, the passport is rendered void until subject to specific permission being given to return. The Secretary of State may require the person to attend for an interview with the police officer or immigration. If the person fails to attend, DTEO may be extended.
There are measures to prevent persons from being drawn into terrorism, powers to issue guidance to authorities for the purpose of
To prevent individuals from being drawn into terrorism, various measures are in place, including the authority’s power to issue guidance for the enforcement of relevant legislation. Universities and further education institutions are required to adhere to these guidelines, and the Secretary of State may issue directives if they fail to comply with the Act.
Authorities must consider their responsibilities, which include ensuring both freedom of speech and academic freedom. In addition, they are obligated to assist in assessing individuals referred to them by the police and identifying and supporting those vulnerable to terrorism.
The Civil Contingencies Act 2004 grants the administration powers in emergencies. An emergency is an event or situation that threatens serious damage to human welfare, the environment of a place in the United Kingdom, or war or terrorism that threatens serious damage to the security of the United Kingdom.
There is separate provision in relation to a part or region of the United Kingdom rather than a place. The event must involve the loss of human life, human illness or injury; homelessness; damage to property; disruption of a supply of money, food, water, energy, or fuel; disruption of communication systems, transport, health services; events involving the environment refer to radiation, contamination, or disruption or destruction of plant and/or animal life.
The definition of the main emergency may be amended by regulation by order in Council provided certain conditions are fulfilled. These are that the emergency has occurred or is about to occur or is occurring and it is necessary to make provisions for the purpose of mitigating an aspect or effect of the emergency as the required provision is urgent. Emergency regulations are to last 30 days only unless renewed. They must be laid before Parliament as soon as practicable and are to cease after seven days unless they are approved by Parliament within that period.
The Data Retention Investigatory Powers Act of 2014 has been amended to mandate data retention by communication providers, linking internet addresses to individuals. This legislation is subject to periodic review by an independent examiner.
Entities covered by the Act have a duty, in the course of their functions, to prioritize preventing individuals from being drawn into terrorism. The Secretary of State may provide guidance to aid in fulfilling this duty.
Non-nationals may face deportation if their presence in the country is deemed contrary to the public interest or not conducive to the public good. Such individuals can be detained and deported at the discretion of the Home Secretary.
The Special Immigration Appeals Commission, established in 2007, handles appeals related to such deportation orders. This commission holds the status of a superior court of record and consists of three members: a current or former legally qualified member of the Asylum and Immigration Tribunal, an individual with expertise in national security, and a person who has previously held high judicial office.
The Commission may conduct hearings in private and may withhold certain sensitive materials from the parties involved and their legal representatives. Special advocates, appointed by the Solicitor General, act on behalf of the applicants, making submissions and cross-examining witnesses during hearings. These advocates have limited contact with the applicants after viewing the sensitive material, without the Commission’s consent. When significant issues hinge on closed material in consideration of human rights, the judgment must explicitly reflect this. Furthermore, the judge must ensure that the person concerned has received proper notice of the allegations against them.