-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! These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://peach.ease.lsoft.com/archives/ctrl.html
<A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of
[EMAIL PROTECTED]</A>
http:[EMAIL PROTECTED]/
<A HREF="http:[EMAIL PROTECTED]/">ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
