UK's Legal Responses to Terrorism

Yonah Alexander, Edgar H. Brenner

• Publisher: Routledge-Cavendish
• Year: 2013
• eBook ISBN: 9781135335809
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

This is the first book to combine, in one volume, the UK's cases and materials on combating terrorism.

LEGISLATIVE ACTS

DOCUMENT NO 2

Terrorism Act 2000

Part I
Introductory

Terrorism: Interpretation.

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 orto 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 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.

(4) In this section—

(a) “action” includes action outside the United Kingdom,

(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,

(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and

(d) “the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.

(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.

Temporary Legislation.

2. (1) The following shall cease to have effect—

(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, and

(b) the Northern Ireland (Emergency Provisions) Act 1996.

(2) Schedule 1 (which preserves certain provisions of the 1996 Act, in some cases with amendment, for a transitional period) shall have effect.

Part II
Proscribed Organisations

Procedure Proscription.

3. (1) For the purposes of this Act an organisation is proscribed if—

(a) it is listed in Schedule 2, or

(b) it operates under the same name as an organisation listed in that Schedule.

(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.

(3) The Secretary of State may by order—

(a) add an organisation to Schedule 2;

(b) remove an organisation from that Schedule;

(c) amend that Schedule in some other way.

(4) The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.

(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it—

(a) commits or participates in acts of terrorism,

(b) prepares for terrorism,

(c) promotes or encourages terrorism, or

(d) is otherwise concerned in terrorism.

Deproscription: Application.

4. (1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2.

(2) An application may be made by—

(a) the organisation, or

(b) any person affected by the organisation’s proscription.

(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section.

(4) The regulations shall, in particular—

(a) require the Secretary of State to determine an application within a specified period of time, and

(b) require an application to state the grounds on which it is made.

Deproscription: Appeal.

5. (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.

(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission.

(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.

(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection.

(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable—

(a) lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or

(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).

(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.

Further Appeal.

6. (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to—

(a) the Court of Appeal, if the first appeal was heard in England and Wales,

(b) the Court of Session, if the first appeal was heard in Scotland, or

(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

(2) An appeal under subsection (1) may be brought only with the permission—

(a) of the Commission, or

(b) where the Commission refuses permission, of the court to which the appeal would be brought.

(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords).

Appeal: Effect on Conviction, &c.

7. (1) This section applies where—

(a) an appeal under section 5 has been allowed in respect of an organisation,

(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),

(c) a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and

(d) the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.

(2) If the person mentioned in subsection (1)(c) was convicted on indictment—

(a) he may appeal against the conviction to the Court of Appeal, and

(b) the Court of Appeal shall allow the appeal.

(3) A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.

(4) An appeal by virtue of subsection (2)—

(a) must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (but does not require leave).

(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates’ court—

(a) he may appeal against the conviction to the Crown Court, and

(b) the Crown Court shall allow the appeal.

(6) A person may appeal against a conviction by virtue of subsection (5)—

(a) whether or not he pleaded guilty,

(b) whether or not he has already appealed against the conviction, and

(c) whether or not he has made an application in respect of the conviction under section 111 of the Magistrates’ Courts Act 1980 (case stated).

(7) An appeal by virtue of subsection (5)—

(a) must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 108(1)(b) of the Magistrates’ Courts Act 1980.

(8) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted—“or

(c) on an appeal under section 7 of the Terrorism Act 2000.”

Section 7: Scotland and Northern Ireland.

8. (1) In the application of section 7 to Scotland—

(a) for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,

(b) in subsection (2)(b), at the end insert “and quash the conviction,”

(c) in subsection (4)—

(i) in paragraph (a), for “28 days” substitute “two weeks,” and

(ii) in paragraph (b), for “section 1 of the Criminal Appeal Act 1968” substitute “section 106 of the Criminal Procedure (Scotland) Act 1995,”

(d) in subsection (5)—

(i) for “by a magistrates’ court” substitute “in summary proceedings,” and

(ii) in paragraph (b), at the end insert “and quash the conviction,”

(e) in subsection (6), paragraph (c) is omitted, and

(f) in subsection (7)—

(i) in paragraph (a) for “21 days” substitute “two weeks,” and

(ii) for paragraph (b) substitute—

“(b) shall be by note of appeal, which shall state the ground of appeal,

(c) shall not require leave under any provision of Part X of the Criminal Procedure (Scotland) Act 1995, and

(d) shall be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.”.

(2) In the application of section 7 to Northern Ireland—

(a) the reference in subsection (4) to section 1 of the Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the Criminal Appeal (Northern Ireland) Act 1980,

(b) references in subsection (5) to the Crown Court shall be taken as references to the county court,

(c) the reference in subsection (6) to section 111 of the Magistrates’ Courts Act 1980 shall be taken as a ref...

Table of contents

• Front Cover
• Title Page
• Copyright
• Contents
• Foreword
• Preface
• EXECUTIVE ACTS
• LEGISLATIVE ACTS
• INTERNATIONAL TREATIES AND CONVENTIONS
• COURT CASES
• Selected Bibliography
• About the Editors