Terrorism Act 2000

The Terrorism Act 2000

Long title An Act to make provision about terrorism; and to make temporary provision for Northern Ireland about the prosecution and punishment of certain offences, the preservation of peace and the maintenance of order.
Citation 2000 c.11
Territorial extent United Kingdom[1]
Dates
Royal assent 20 July 2000
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emergency Provisions) Act 1996. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights. The inclusion in its definition of the phrase or threat mirrors the common law, as it was codified with respect to written words, in 27 Geo II c.15 (1754) and again in 4 Geo IV c.54 (1823).[2]

Definition of terrorism

Terrorism is defined, in the first section of the Act, as follows:

Section 1. –
(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][3] 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][4] or ideological cause.
(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.

Sections (2)(b) and (e) have been criticised[5] as falling well outside the scope of what is generally understood to be the definition of terrorism, i.e. acts that require life-threatening violence.[6]

Prior to this, terrorism was defined in an Act as a footnote, such as Reinsurance (Acts of Terrorism) Act 1993 (c. 18) section 2(2):[7]

"acts of terrorism" means acts of persons acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty's government in the United Kingdom or any other government de jure or de facto.

and Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) section 20(1):[8]

In this Act "terrorism" means the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear.

In Northern Ireland (Emergency Provisions) Act 1996, the criminal offences referred to as terrorism are provided as an exhaustive list of over 70 items.[9]

This move to establish a sound definition of terrorism in the law made it possible to build an entirely new set of police and investigatory powers into incidents of this kind, beyond what they could do for ordinary violent offences.

Proscribed groups

As in previous Terrorism Acts, such as the Prevention of Terrorism (Temporary Provisions) Act 1989, the Home Secretary had the power to maintain a list of "proscribed groups" that they believe are "concerned in terrorism". The act of being a member of, or supporting such a group, or wearing an item of clothing such as "to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation" is sufficient to be prosecuted for a terrorist offence.

International groups

The secretary of state's list proscribes a number of international organisations, the majority because of accusations connected with Islamic fundamentalism. The list as of August 2014 comprises 60 groups:[10]

Mujaheddin e Khalq (MeK) was removed from the list of proscribed organisations in June 2008, as a result of judgements of the Proscribed Organisations Appeal Commission and the Court of Appeal.

Under the act aliases of organizations can be added. For example, Al Muhajiroun, Islam4UK, Call to Submission, Islamic Path, London School of Sharia and Muslims Against Crusades were added in January 2010 and November 2011 as alternative names for Al Ghurabaa and The Saved Sect (also deemed to be the same organization) and in June 2014 Need4Khilafah, the Shariah Project and the Islamic Dawah Association were added to this list. An alias does not have to be added to the list for prosecution to be possible, provided it can be demonstrated that for all intents and purposes the organization is a proscribed one, and that the person involved has committed a proscribed act.

Domestic groups

A number of armed paramilitary groups are also proscribed because of involvement in the Troubles in Northern Ireland. The list as of December 2011 is:[10]

Provisions

Section 41 (arrest without warrant)

Section 41 of the Act provided the police with the power to arrest and detain a person without charge for up to 48 hours if they were suspected of being a terrorist.[13] This period of detention could be extended to up to seven days if the police can persuade a judge that it is necessary for further questioning.[14]

This was a break from ordinary criminal law where suspects had to be charged within 24 hours of detention or be released. This period was later extended to 14 days by the Criminal Justice Act 2003,[15] and to 28 days by the Terrorism Act 2006.

Stop and search without suspicion

Section 44

The most commonly encountered use of the Act was outlined in Section 44 which enables the police and the Home Secretary to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize "articles of a kind which could be used in connection with terrorism".[16] Unlike other stop and search powers that the police can use, Section 44 does not require the police to have "reasonable suspicion" that an offence has been committed, to search an individual.[17]

In 2009, over 100,000 searches were conducted under the powers, but none of these resulted in people being arrested for terrorism offences. 504 were arrested for other offences.[18]

In January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the European Court of Human Rights. It held that Article 8 of the European Convention on Human Rights had been violated in the case of two people stopped in 2003 outside the ExCeL convention centre in London, which at the time was hosting a military equipment exhibition. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", over-ruling a 2003 High Court judgement upheld at the Court of Appeal and the House of Lords.[19]

Pending new powers in the Protection of Freedoms Bill (see Section 47A), Theresa May made a remedial order under the Human Rights Act 1998 (the Terrorism Act 2000 (Remedial) Order 2011), which had the effect of repealing sections 44, 45, 46 and most of section 47.[20][21]

“ Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel. ”
— London Metropolitan Police Service, Photography Advice[22]

Section 47A

As discussed above, since 18 March 2011 section 44 has been treated as repealed. It has been replaced with a new section 47A by the Terrorism Act 2000 (Remedial) Order 2011. Under the new provisions, searches can only be carried out as follows:

A senior police officer must make an authorisation in relation to a specified area or place. He can make such an authorisation only if he:[21]

When such an authorisation is in force, any constable in uniform can, in the specified area or place, stop:[21]

But the power to search can only be used for the purpose of discovering whether there is anything which may constitute evidence that:[21]

The power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence.[21] A person or vehicle searched under this power may be detained for as long as is reasonably required. A person who is searched may be required to remove their headgear, footwear, outer coat, jacket or gloves, but nothing else whilst in public. If requested, a form must be given stating that the person/vehicle was stopped.[21]

An authorisation can be given by an Assistant Chief Constable (or if the area is in the Metropolitan Police District of the City of London, then a Commander of the Metropolitan Police/City of London Police).[21] Authorisations can also be given by the Assistant Chief Constables of:

If given verbally, authorisations must be confirmed in writing as soon as reasonably practicable, and in either case must be notified to the Home Office as soon as reasonably practicable. Authorisations must be confirmed by the Home Office within 48 hours of their being made, or they expire automatically. If confirmed, an authorisation can only last for up to 14 days. An authorisation can be cancelled at any time, or restricted in respect of the time it ends or the area which it covers, but it cannot be expanded. New authorisations can be made regardless of whether previous authorisations exist, or have been cancelled or have expired.[21]

Section 58 – Collection of information

This section creates the offence, liable to a prison term of up to ten years, to collect or possess "information of a kind likely to be useful to a person committing or preparing an act of terrorism".

Sections 57–58: Possession offences: Section 57 is dealing with possessing articles for the purpose of terrorist acts. Section 58 is dealing with collecting or holding information that is of a kind likely to be useful to those involved in acts of terrorism. Section 57 includes a specific intention, section 58 does not.[23]

Bilal Zaheer Ahmad, 23, from Wolverhampton, is believed to be the first person convicted of collecting information likely to be of use to a terrorist, including the al-Qaeda publication Inspire.[24][25]

Part 7

Part 7, comprising sections 65 to 113, contained particular provisions applying to Northern Ireland, that were to require parliamentary approval on an annual basis by means of a statutory instrument to continue in force. The part replaced previous provisions under the Northern Ireland (Emergency Provisions) Act 1996.

Part 7 was succeeded by the Terrorism (Northern Ireland) Act 2006, which in turn was succeeded by the Justice and Security (Northern Ireland) Act 2007.

Section 75 (Trial without jury)

Section 75 provided for bench trials instead of jury trials in Northern Ireland for scheduled offences, continuing the system of Diplock courts first established in 1973.

Stop and search, arrest and conviction rates

Between July and December 2007, the BBC reported that more than 14,000 people and vehicles had been stopped and searched by British Transport Police in Scotland.[26] In 2008 the Metropolitan Police conducted 175,000 searches using Section 44, these included over 2313 children (aged 15 or under), of whom 58 were aged under 10.[27]

Up to early 2004 around 500 people are believed to have been arrested under the Act; seven people had been charged. By October 2005 these figures had risen to 750 arrested with 22 convictions; the then current Home Secretary, Charles Clarke, said "the statistics illustrate the difficulty of getting evidence to bring prosecution".[28]

Figures released by the Home Office on 5 March 2007 show that 1,126 people were arrested under the Act between 11 September 2001 and 31 December 2006. Of the total 1,166 people arrested under the Act or during related police investigations, 221 were charged with terrorism offences, and 40 convicted.[29]

Noted arrests under Section 58 include Abu Bakr Mansha in December 2005, and the eight suspects involved in the 2004 financial buildings plot.

Reactions and analysis

In his comprehensive commentary on this Act and other anti-terrorism legislation, Professor Clive Walker of the University of Leeds comments:[30]

"The Terrorism Act 2000 represents a worthwhile attempt to fulfil the role of a modern code against terrorism, though it fails to meet the desired standards in all respects. There are aspects where rights are probably breached, and its mechanisms to ensure democratic accountability and constitutionalism are even more deficient, as discussed in the section on 'Scrutiny' earlier in this chapter. It is also a sobering thought, proffered by the Home Affairs Committee, that the result is that ‘This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.’ (Report on the Anti-terrorism, Crime and Security Bill 2001 (2001–02 HC 351) para.1). But at least that result initially flowed from a solemnly studied and carefully constructed legislative exercise."

The Terrorism Act 2000 is subject to annual review by the Independent Reviewer of Terrorism Legislation. The Independent Reviewer's reports are submitted to the Home Secretary, laid before Parliament and published in full.

Alleged abuses

The laws have been criticised for allowing excessive police powers leaving scope for abuse. There have been various cases in which the laws have been used in scenarios criticised for being unrelated to fighting terrorism. Critics allege there is systematic abuse of the act against protesters.[31]

Many instances have been reported in the media of innocent people who have been stopped and searched under section 44 of the Act. According to Home Office guidelines, police are required to have "reasonable suspicion" that a person is acting as a terrorist.[32] Critics of the Act claim that, in practice, police are using Section 44 emergency powers as "an additional tool in their day-to-day policing kit" to stop and search innocent citizens without reasonable grounds, going beyond the original intention of Parliament.[33][34]

One of the issues arising from the Section 44 authorisations has been the use of the Act to detain lawful protestors or other people who are in the vicinity of demonstrations. Critics claim the Act gives police extended powers to deter or prevent peaceful protest.[35]

Protesters demonstrating against police harassment of photographers under Section 44. Trafalgar Square, London, 23 January 2010

Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalists, amateur and professional photographers, trainspotters, politicians and children have been subject to stop and search under suspicion of being involved in terrorist activities while engaged in lawful acts such as photography. The taking of photographs in public spaces is permitted under the Copyright, Designs and Patents Act 1988 (freedom of panorama), and while the Terrorism Act does not prohibit such activity,[32] critics have alleged misuse of the powers of the Act to prevent lawful photography.[36] (Further restrictions on photography have, however, been introduced with the Counter-Terrorism Act 2008)

Disquiet among the police and government about Section 44 increased; in an interview on BBC Radio 4's programme iPM, Peter Smyth, chairman of the Metropolitan Police Federation, remarked that the Act was not clear about police and that a lack of training for police officers had led to some officers being "overzealous" in implementing the Act.[37] Vernon Coaker, the Minister of State stated on 20 April 2009 that, "counter-terrorism measures should only be used for counter-terrorism purposes".[38]

In December 2009, the Association of Chief Police Officers (Acpo) issued a warning to police chiefs to stop using Section 44 powers to target photographers, whether tourists, amateurs or professionals, stating that the practice was "unacceptable".[39] As of 2011, the Section 44 powers effectively no longer exist (see above), and police must "reasonably" suspect an individual of involvement in terrorism before intervening.[22]

Incidents

General

“ I’ve been walking to work every morning for months and months to keep fit. One day, I was told by a guard on the gate that I couldn’t use the route any more because it was solely a cycle path and he said, if I was caught doing it again, I’d be arrested...The next thing I knew, the harbour master had driven up behind me with a megaphone, saying, ‘You’re trespassing, please turn back’. It was totally ridiculous. I started laughing and kept on walking. Cyclists going past were also laughing...But then two police cars roared up beside me and cut me off, like a scene from Starsky and Hutch, and officers told me I was being arrested under the Terrorism Act. The harbour master was waffling on and (saying that), because of September 11, I would be arrested and charged.[40] ”

Section 44

Photographic subjects questioned under anti-terror laws
Wimbledon station main entrance
Wimbledon railway station
dome of St Paul's Cathedral
St Paul's Cathedral
Christ Church Greyfriars with bank building in shot
Christ Church Greyfriars
Railway locomotive photographed en route to Milford Haven
Railway locomotive, Milford Haven

Amendments

Section 6 of the Counter-Terrorism and Security Act 2015 made amendments to the act.

See also

References

  1. ↑ The Terrorism Act 2000, section 130(1); this is subject to sections 130(2) to (6) which provide that sections 59 to 61, Part VII and Schedules 5, 15 and 16 do not extend to the United Kingdom.
  2. ↑ Sir William Oldnall Russell: "A Treatise on Crimes and Indictable Misdemeanors" vol 2, ch.3, p.576-7 (2nd ed, 1828)
  3. ↑ Words in square brackets inserted by Terrorism Act 2006.
  4. ↑ Word in square brackets inserted by Counter-Terrorism Act 2008.
  5. ↑ Gearty, Conor (March 2005). "11 September 2001, Counter-terrorism, and the Human Rights Act". Journal of Law and Society 32 (1): 18–33. doi:10.1111/j.1467-6478.2005.312_1.x. Retrieved 12 June 2013.
  6. ↑ Iris Schaechter (16 February 2006). "UNODC – Terrorism Definitions". Web.archive.org. Archived from the original on 16 February 2006.
  7. ↑ "Reinsurance (Acts of Terrorism) Act 1993 1993 CHAPTER 18". Opsi.gov.uk.
  8. ↑ "Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)". Opsi.gov.uk.
  9. ↑ "Northern Ireland (Emergency Provisions) Act 1996 1996 CHAPTER 22". Office of Public Sector Information. Retrieved 2 December 2009.
  10. 1 2 "Proscribed terrorist groups". Homeoffice.gov.uk.
  11. ↑ "Government bans Nigerian Islamist group accused of murder | Reuters". Reuters. 22 November 2012.
  12. ↑ "Indian Mujahideen group banned in UK". BBC News. 4 July 2012.
  13. ↑ "2000 c. 11 - Part V Suspected terrorists - Section 41". Legislation.gov.uk. 15 August 2013. Retrieved 2016-01-03.
  14. ↑ . Legislation.gov.uk. 15 August 2013 http://www.opsi.gov.uk/acts/acts2000/00011--w.htm. Missing or empty |title= (help)
  15. ↑ . Legislation.gov.uk. 15 August 2013 http://www.opsi.gov.uk/acts/acts2003/30044--x.htm#306. Missing or empty |title= (help)
  16. ↑ . Legislation.gov.uk. 15 August 2013 http://www.opsi.gov.uk/acts/acts2000/00011--f.htm#44. Missing or empty |title= (help)
  17. ↑ Welch, James (9 December 2009). "How can the police detain you?". The Guardian (London). Retrieved 12 December 2009.
  18. ↑ Alan Travis (28 October 2010). "No terror arrests in 100,000 police counter-terror searches, figures show". The Guardian (London). Retrieved 28 October 2010.
  19. ↑ "Stop-and-search powers ruled illegal by European court". BBC News. 12 January 2010. Retrieved 12 January 2010.
  20. ↑ "Home > Publications > Counter-terrorism > Terrorism Act 2000 (Remedial) Order 2011". Home Office website. Home Office. Retrieved 4 May 2011.
  21. 1 2 3 4 5 6 7 8 "Terrorism Act 2000 (Remedial) Order 2011". Legislation.gov.uk.
  22. 1 2 "Photography advice". Metropolitan Police website. Retrieved 14 December 2011.
  23. ↑ "WikiCrimeLine Terrorism Act 2000 Sections 57 58: Possession offences". Wikicrimeline.co.uk.
  24. ↑ "Blogger who encouraged murder of MPs jailed". BBC News. 29 July 2011. Retrieved 1 August 2011.
  25. ↑ "Online extremist sentenced to 12 years for soliciting murder of MPs" (Press release). West Midlands Police. 29 July 2011.
  26. ↑ "Random searches on rail network". BBC News. 15 December 2007. Retrieved 2 December 2009.
  27. ↑ Dodd, Vikram (18 August 2009). "Metropolitan police used anti-terror laws to stop and search 58 under-10s". The Guardian (London). Retrieved 12 December 2009.
  28. ↑ Charles Clarke and Mr Benyon (11 October 2005). "Examination of Witnesses (Questions 60–73)". Select Committee on Home Affairs Minutes of Evidence. UK Parliament. Retrieved 2 December 2009.
  29. ↑ Press Association (5 March 2007). "1,166 anti-terror arrests net 40 convictions". The Guardian (London). Retrieved 2 December 2009.
  30. ↑ The Anti-Terrorism Legislation (Oxford University Press, Oxford, 2002 Archived 29 September 2007 at the Wayback Machine.
  31. 1 2 3 Johnston, Philip (3 October 2005). "The police must end their abuse of anti-terror legislation". The Daily Telegraph (London). Retrieved 1 January 2008.
  32. 1 2 "Photography and Counter-Terrorism legislation". The Home Office. 18 August 2009. Retrieved 30 November 2009.
  33. 1 2 "Pair seek unlawful search ruling". BBC News. 12 July 2004. Retrieved 2 December 2009.
  34. ↑ "Section 44 – Terrorism Act 2000". Liberty. Archived from the original on 11 May 2008. Retrieved 2 December 2009.
  35. ↑ "Free Speech & Protest". Liberty. Retrieved 2 December 2009.
  36. ↑ Geoghegan, Tom (17 April 2008). "Innocent photographer or terrorist?". BBC News. Retrieved 30 November 2009.
  37. ↑ "Terror Act: Police attack government over photography in public". Amateur Photographer. Retrieved 14 December 2011.
  38. ↑ http://www.webcitation.org/5gzuBth26 Demonstrating Respect for Rights? A human rights approach to protest policing original
  39. ↑ Taylor, Jerome; Hughes, Mark (5 December 2009). "Police U-turn on photographers and anti-terror laws". The Independent (London). Retrieved 9 December 2009.
  40. ↑ Lister, David (17 October 2005). "Two wheels: good. Two legs: terrorist suspect". The Times (London). Retrieved 1 January 2008.
  41. ↑ Chidzoy, Sally (23 July 2008). "Terror police detain disabled boy". BBC News. Retrieved 30 November 2009.
  42. ↑ Savage, Charlie; Michael Schwirtz (18 August 2013). "Britain Detains Partner of Reporter Tied to Leaks". The New York Times. Retrieved 18 August 2013.
  43. ↑ "US given 'heads up' on David Miranda detention". BBC News. 19 August 2013.
  44. ↑ "Arms fair protesters lose legal challenge". The Guardian (London). 31 October 2003. Retrieved 2 December 2009.
  45. ↑ Travis, Alan (12 January 2010). "Stop and search powers illegal, European court rules". The Guardian (London). Retrieved 15 December 2011.
  46. ↑ "Terrorism Act: Photography fears spark police response". Amateur Photographer. 30 October 2008. Retrieved 30 November 2009.
  47. ↑ "Tory MP stopped and searched by police for taking photos of cycle path". The Daily Telegraph (London). 6 January 2009. Retrieved 30 November 2009.
  48. ↑ Cosgrove, Sarah (14 April 2009). "Man questioned under terrorism law after taking picture of police car in park". Enfield Independent. Retrieved 2 December 2009.
  49. ↑ Andrews, Emily (25 August 2009). "Innocent trainspotter suspected of being a terrorist by police after taking photos of trains". Daily Mail (London). Retrieved 30 November 2009.
  50. ↑ Slack, James (5 January 2009). "The train spotters who are being treated like terrorists". Daily Mail (London). Retrieved 30 November 2009.
  51. ↑ "BBC photographer on being stopped by police". The Andrew Marr Show (BBC News). 29 November 2009. Retrieved 30 November 2009.
  52. ↑ Davenport, Justin (27 November 2009). "BBC man in terror quiz for photographing St Paul's sunset". Evening Standard (London). Retrieved 30 November 2009.
  53. ↑ Booth, Robert (8 December 2009). "Police stop church photographer under terrorism powers". The Guardian (London). Retrieved 9 December 2009.
  54. ↑ "Photographer wins police payout over lawful pics". Amateur Photographer. 12 December 2011. Retrieved 13 December 2011.
  55. ↑ Alleyne, Richard (12 December 2011). "Police apologise for gay jibe against photographer". The Telegraph (London). Retrieved 13 December 2011.
  56. ↑ "Row over photo in shopping centre". BBC News. 10 October 2011. Retrieved 13 December 2011.

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