-Caveat Lector- Briefing on the Terrorism Act of 2000 (UK) by nancy rollason" <[EMAIL PROTECTED]> 16 Feb 2001 1. Context The Terrorism Act comes in to force on the 19th February 2000. All offences in the Act could be dealt with by existing legislation. There has not been an increase in "terrorist activity" on mainland Britain in recent years. The Act replaces the Prevention of Terrorism Act which was temporary and applied only to Northern Ireland. This legislation is permanent, and applies to all of Britain, and to support for "Terrorist activity" abroad. There has, however, been an increase in radical anti capitalist protest targeted in different areas. There has also been an increase in information flow with the increased use of the internet. This Act comes in to force only 4 months after the Human Rights Act (HRA), it has and will be argued that parts of this act are in breach of the HRA. The definition of terrorism is extended to cover activities which while many would recognise as illegal, few would understand to come within the normal meaning of "terrorist". The new definition includes the threat of serious violence to property or the interference with or disruption of an electronic system. The new definition also extends to actions and campaigns happening abroad, so is likely to impact on amongst other things,global actions and asylum seekers It is possible to conclude from the above that this Act is designed to be a Corporate Bill of Rights, to confer the moral highground on Multinational corporations by branding their opponents "terrorist" and "extremists" whose views therefore lose legitimacy. It is also possible to conclude that this Act will marginalize activists in many areas, e.g. Animal Rights, Anti GM, Anti Globalisation, Asylum Seekers, and discourage people from either finding out about the issues involved, or becoming more involved themselves. The discussion Paper on the Bill sheds some light on the Government's thinking: "Animal rights and to a lesser extent environmental rights activists, have mounted, and continue to pursue, persistent and destructive campaigns…….While the level of terrorist activity by such groups is lower and the sophistication of their organisation and methods less well developed…..there is nothing to indicate the threat they pose will go away (the paper also refers to Scottish and Welsh extremist nationalist groups) ….There is also the possibility that new groups….will be set up and adopt violent methods to impose their will on the rest of society…In the light of the above, the Government has come to the conclusion that any new counter-terrorism legislation should be designed to combat serious terrorist violence of all kinds" -- Para 3.10 on, chapter 3 of the consultation paper "Legislation against terrorism" Dec 1998 CONTENTS 1. Definition of "Terrorism" 2. Banned (" Proscribed ") Organisations 3 Terrorist Property 4. Police powers of Investigation 5. Counter Terrorist Powers 6. Miscellaneous Powers Section 1 - New definition of Terrorism The component parts are: The use or threat of action To influence the government or intimidate the public (or section of the public) For a political, religious or ideological cause Involving serious violence against any person or property Or endangers (other people's)life Or creates a serious risk to the health/safety of the public Or seriously interferes with or disrupts an electronic system All the above apply to action/people/property/public/governments outside the UK as well as within the UK Action taken in this definition includes action taken for the benefit of a proscribed organisation (see later ) 2 Banned Organisations (S2) The term " Proscribed" in the act comes from the previous Prevention of Terrorism legislation and means groups of people/organisations that the Government has banned . At present, the only groups banned under the Terrorism Act are from Ireland. The definition of "organisation is "any association or combination of persons" (S121) .There is a right of appeal for any groups who have been banned (S5 & S6) An organisation can be banned if it is concerned in "terrorism" see definition above, i.e Commits or participates in an act of terrorism Prepares for terrorism promotes or encourages terrorism is otherwise concerned in terrorism There are listed offences connected with proscribed organisations S11. membership (belonging to a banned organisation no further definition) if convicted 10years/fine/both max S12. support : if convicted 10 years. fine/both max "support" includes 1. arranging or helping to arrange a meeting in support of a banned group, to promote the group or where a member of the group will speak 2. talking at a meeting to raise support for a banned group or knowing that there will be someone there talking from a banned group. 3. a meeting need only be 3 people and need not be public S13. uniform : wearing clothes/badges etc that "raise a suspicion" that the person is a member of/supports a banned group can be arrested without warrant on suspicion , (max 6mths in prison) It is uncertain whether any groups in the UK will be banned but it is noticeable that newspaper reports on active groups such as Animal Rights groups have described them as "terrorist" or involved in "terrorist tactics". It could be concluded that this is a precursor to proscription, or that this is designed to create confusion and fear of becoming involved in groups that are active. 3. Terrorist Property S15 - Fundraising it becomes an offence to ask for/receive money(or other property) where a person knows or suspects it may be used for terrorist purposes Max penalty 14years/fine/both It becomes illegal to give money where a person knows or suspects it may be used for terrorist purposes Max Penalty 14 years/fine/both S16 It becomes illegal to have money/other property and use it or suspects that it may be used for terrorist purposes Max Penalty 14 years/fine/both It becomes illegal to take part of a fund raising where a person suspects that the money etc may be used for terrorist purposes Duty of Disclosure if a person thinks (not necessarily knows) that someone else has done any of the above , and this is based on information which that person has obtained through work (e.g. journalists) It is an offence not to disclose the information to the Police. Max penalty 5years /fine/both 4 TERRORIST INVESTIGATIONS This means investigation of : commission, preparation or instigation of acts of terrorism or an act which appears to have been done for the purposes of terrorism the possibility of banning an organisation the preparation etc of any offence under the act (S32) To investigate, Police have power to Cordon areas (S33) if "expedient for the purposes of investigating terrorism" can last for up to 14days but can be extended to a max of 28days S36 'The Police can -order anyone in the area to leave immediately -order anyone to leave "premises" wholly or partly in the area immediately - order anyone to remove their vehicle from the area immediately -move a vehicle from the area -stop anyone entering the area c, Searches (Schedule 5 ) The Police, with a warrant can enter "premises" to search them and anyone there and seize "relevant" material. They have to justify that it is necessary for the purposes of a terrorist investigation. If property is within a cordoned area, no warrant is needed. If the Police obtain an order from a Judge, they can require an explanation of any material seized, and it is an offence to give a wrong or misleading explanation. A lawyer can be required to give the name and address of a client, but does not have to disclose any documents subject to legal privilege. d. Tipping Off If a person suspects that the Police are conducting an investigation And tells anyone anything which may interfere Or does anything to "relevant" material Or interferes with the duty to disclose (above) They commit an offence, max penalty 5years 5 Counter Terrorist Powers Applies to fundraising, and possession of information + anyone concerned with the "commission,preparation or instigation of acts of terrorism" S41 Arrest without Warrant A police officer can arrest without warrant anyone s/he suspects to be a terrorist i.e. no specific offence needs to have been committed. A person can be held for up to 48 hrs. Access to a friend or lawyer can be denied. Normal PACE rules do not apply. An application for extension can be made for up to 7 days (from the time of detention). A Judge can order that the arrested person or their lawyer do not attend the hearing. This may be a breach of Convention rights (Right to a fair hearing ) Police can obtain a warrant to enter premises where they think a terrorist may be S43 Police can stop and search anyone they believe to be a Terrorist to see if they have anything in their possession which would be evidence of them being a terrorist. S44 stop and Search Authorisations The Police can designate a place or area and within that area authorise stop and search powers if it is "expedient for the prevention of acts of terrorism". Authorisation includes power to stop and search: A vehicle The driver/passengers Anything in the vehicle or carried by the people in it A pedestrian Anything carried by them The police can search only for articles which could be used in connection with terrorism whether or not they suspect that anything is on that person or property. The Police can seize anything found which may be used for terrorist purposes. The authorisation can last up to 28 days but can be renewed. 6 Miscellaneous Powers S56 Directing the activities at any level of organisations involved in terrorism is an offence punishable with life imprisonment (max) S57 Possessing something which may be used for the preparation etc of terrorism is an offence punishable by 10years max If something is found in any property at the same time as the accused, or which s/he occupied, the burden is on the accused to prove it didn't belong to her/him. S58 It is an offence to collect/record/possess information likely to be useful to terrorists (there is no requirement for there to be any connection with a banned group possessing the information is sufficient). The burden is on the accused to show s/he had a good excuse to have that information. This includes photographs and computer records. Schedule 8 deals with detention (see above) also with identification. Consent must be obtained to take finger prints (not photos- no consent needed) non intimate and intimate samples but this consent can be over ruled by a senior officer. Schedule 7 deals with Port and border control. A police officer/immigration official can stop any person who is either leaving or entering the country at a port or border to "determine whether he appears to be a (suspected terrorist)". An officer does not have to have grounds to suspect that the person is involved in the preparation/commission/instigation of acts of terrorism. The schedule gives power to search and to detain for 9 hours. This can be extended by arrest under S41 (see above ) . The powers of detention and search in Schedule 8 above apply. IMPLICATIONS 1. The Act gives very wide powers of arrest without suspicion of an offence being committed. This may be used to arrest suspected activists, asylum seekers, people from ethnic minorities etc. 2. It is possible that, given wide powers of search and investigation, arrests may be used to gather information about targeted groups 3. The power to cordon and require people to leave the area could be used as a quick and alternative method of eviction, and to prevent or hinder planned actions 4. The power to stop and search within authorised areas could be used when actions/protests are taking place. 5. The power to stop and question at a port or border may be used to prevent people attending protests/meetings abroad, or to prevent people attending the same in this country. 6. Whereas Companies previously had to use civil law (injunctions ) to prevent protests/actions against them, they may now be able request the Police to use their powers under this act. 7. The new definition of Terrorism means that many groups/individuals could potentially fall foul of the act's provisions without realising it. 8. The prohibition on possessing information which could be useful to terrorists is potentially in breach of the Human Rights Act ( right to privacy , freedom of thought etc) and could be seen as a means to discourage people from informing themselves. <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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