Terrorism Act 2000: Difference between revisions

|statute_book_chapter=2000 c. 11

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 It superseded and repealed the [[Prevention of Terrorism (Temporary Provisions) Act 1989]] and the [[Northern Ireland (Emergency Provisions) Act 1996]]. It also replaced parts of the [[Criminal Justice (Terrorism and Conspiracy) Act 1998]].<ref>{{Cite news|url=https://www.theguardian.com/commentisfree/libertycentral/2009/jan/19/terrorism-act|title=A-Z of legislation: Terrorism Act 2000|date=2009-01-19|work=The Guardian|access-date=2019-03-28|language=en-GB|issn=0261-3077}}</ref> 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]].

:(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.</blockquote>}}

The inclusion in its definition of the phrase ''or threat'' mirrors the common law, as it was codified with respect to written words, in [[List of Acts of the Parliament of Great Britain, 1740–59#27 Geo. 2|27 Geo II]]. c. 15 (1754)]] and again in [[List of Acts of the Parliament of the United Kingdom, 1820–1839#1823 .2844 Geo. 4]].29|4 Geo IV c. 54 (1823)]].<ref>Sir [[William Oldnall Russell]]: "[[Russell on Crime|A Treatise on Crimes and Indictable Misdemeanors]]" vol 2, ch.3, p.576-7 (2nd ed, 1828)</ref>

As in previous [[Prevention of Terrorism Act (Northern Ireland)|Terrorism Acts]], such as the [[Prevention of Terrorism (Temporary Provisions) Act 1989]], the [[Powers of the home secretary|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.

{{As of|20212024|0701|post=,}} the following 7880 organisations appeared in Schedule 2 of the Act, to which they have been added periodically since March 2001 by [[statutory instruments]], and are listed under the above heading in the [[Home Office]] document 'Proscribed Terrorist Organisations:<ref>{{cite web|title=Proscribed terrorist groups or organisations|url=https://www.gov.uk/government/publications/proscribed-terror-groups-or-organisations--2|access-date=29 February 2020|publisher=Government of the United Kingdom}}</ref>

* [[Soldiers of Egypt|Anjad Misr]] (Soldiers of Egypt) (since November 2014)

* [[Al-Mourabitoun (militant group)|Al Murabitun]] (since April 2014)

* al[[Al-Mukhtar Brigades]] including Saraya al-Mukhtar (since December 2017)

* [[Ansar al-Islam in Kurdistan|Ansar Al Islam]] (AI) (since October 2005)

* [[Ansar al-Sharia (Libya)|Ansar Al Sharia]]-Benghazi (AAS-B) (since November 2014)

* [[Ansar al-Sharia (Tunisia)|Ansar Al Sharia-Tunisia]] (AAS-T) (since April 2014)

* [[Ansar ul Islam (Western Africa)|Ansaroul Islam]] also known as Ansar ul Islam and Ansaroul Islam Lil Irchad Wal Jihad (since March 2019)

* [[Hamas|Harakat al Muqawama al-Islamiyya]] (Hamas) (since November 2021); previously [[Izz ad-Din al-Qassam Brigades]] (since March 2001)

* [[Hasm Movement|Hasam, Harakat Sawa’d Misr, Harakat Hasm and Hasm]] (since December 2017)

* [[Jamaah Ansharut Daulah|Jamaah Anshorut Daulah]] (since July 2016)

* [[Jamaat-ul-Ahrar|Jamaat ul-Ahrar]] (JuA) (since March 2015)

* [[Turkiye Halk Kurtulus Partisi-Cephesi]] (THKP-C) also known as the Peoples' Liberation Party/Front of Turkey, THKP-C Acilciler and the Hasty Ones (since June 2014)

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.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2000/11/section/41 |publisher=Government of the United Kingdom |date=15 August 2013|access-date=2016-01-03|title=2000 c. 11 - Part V Suspected terrorists - Section 41}}</ref> 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.<ref>{{cite web |url=http://www.opsi.gov.uk/acts/acts2000/00011--w.htm |publisher=[[Government of the United Kingdom]] |access-date=152023-04-26 August|title=Terrorism Act 2000 |lang=en-gb |archive-date=November 29, 2005 |archive-url=https://web.archive.org/web/20051129010159/http://www.opsi.gov.uk/acts/acts2000/00011--w.htm 2013}}</ref>

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]],<ref>{{cite web |url=http://www.opsi.gov.uk/acts/acts2003/30044--x.htm#306 |publisher=[[Government of the United Kingdom]] |access-date=152023-04-26 August|title=Criminal Justice Act 2003 |lang=en-gb |archive-date=May 22, 2006 |archive-url=https://web.archive.org/web/20060522192208/http://www.opsi.gov.uk/acts/acts2003/30044--x.htm 2013}}</ref> and to 28 days by the [[Terrorism Act 2006]].

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".<ref>{{cite web |url=http://www.opsi.gov.uk/acts/acts2000/00011--f.htm#44 |publisher=[[Government of the United Kingdom]] |access-date=152023-04-26 August|archive-date=November 201320, 2005 |archive-url=https://web.archive.org/web/20051120012113/http://www.opsi.gov.uk/acts/acts2000/00011--f.htm |title=Terrorism Act 2000 |lang=en-gb}}</ref> Unlike other [[Stop and search|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.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/libertycentral/2009/dec/09/police-detain-arrest-kettling|title=How can the police detain you?|last=Welch|first=James|date=9 December 2009|work=The Guardian|access-date=12 December 2009 | location=London}}</ref>

In January 2010, the [[European Court of Human Rights]] ruled that stop-and-search powers granted under Section 44 were ruledincompatible illegal bywith the [[European CourtConvention ofon Human Rights]]. It held that the rights under [[Article 8 of the European Convention on Human Rights|Article 8]] had been violated in the case of two people stopped in 2003 outside the [[ExCeL London|ExCeL convention centre]] in London, which at the time was hosting a military equipment exhibition, had been breached. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", overcontrary to<!--Not "overruling" – ECtHR decisions cannot do that under the UK's constitution--ruling> a 2003 [[High Court of Justice|High Court]] judgment upheld at the [[Court of Appeal of England and Wales|Court of Appeal]] and the [[House of Lords]].<ref name=BBC-Web1>{{cite news

Pending new powers in the [[Protection of Freedoms Bill]] (see [[#Section 47A|Section 47A]]), [[Theresa May]] made a [[Statutory Instrument (UK)#Remedial Orders under the Human Rights Act 1998|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.<ref name=HOpage>{{cite web|title=Home > Publications > Counter-terrorism > Terrorism Act 2000 (Remedial) Order 2011|url=http://www.homeoffice.gov.uk/publications/counter-terrorism/terrorism-act-remedial-order/|workwebsite=HomeGOV.UK Office website|publisher=[[Home Office]]|access-date=4 May 2011}}</ref><ref name="TA(R)O 2011"/>

This section creates the offence, liable to a prison term of up to tenfifteen years, to collect, possess, or possessaccess, "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. In 2019, the Section was amended to include accessing such information online in the definition of the offence. Section 57 includes a specific intention, section 58 does not.<ref>{{cite web|url=http://www.wikicrimeline.co.uk/index.php?title=Terrorism_Act_2000#Sections_57-58:_Possession_offences |title=WikiCrimeLine Terrorism Act 2000 Sections 57 58: Possession offences |publisher=Wikicrimeline.co.uk }}</ref>

* Section 58 collection of information to aid terrorism - 1015 years or a fine or both

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".<ref>{{cite web|url=https://publications.parliament.uk/pa/cm200506/cmselect/cmhaff/515/5101105.htm|work=Select Committee on Home Affairs Minutes of Evidence |title=Examination of Witnesses (Questions 60–73)|author=Charles Clarke and Mr Benyon|date=11 October 2005|publisher=UK Parliament|access-date=2 December 2009}}</ref>

Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalists, amateur and professional photographers, [[trainspotterTrainspotters in the United Kingdom|trainspotters]]s, 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,<ref name="photo-homeoffice"/> critics have alleged misuse of the powers of the Act to prevent lawful photography.<ref name="bbc-terrorist">{{cite news|url=http://news.bbc.co.uk/1/hi/7351252.stm|title= Innocent photographer or terrorist?|last=Geoghegan|first=Tom |date=17 April 2008|work=BBC News|access-date=30 November 2009}}</ref> (Further restrictions on photography have, however, been introduced with the [[Counter-Terrorism Act 2008]])

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".<ref>{{cite news|url=https://www.independent.co.uk/news/uk/home-news/police-uturn-on-photographers-and-antiterror-laws-1834626.html|title=Police U-turn on photographers and anti-terror laws|date=5 December 2009|work=The Independent|access-date=9 December 2009 | location=London | first1=Jerome | last1=Taylor | first2=Mark | last2=Hughes}}</ref> As of 2011, the Section 44 powers effectively no longer exist ([[#Section 44|see above]]), and police must "reasonably" suspect an individual of involvement in terrorism before intervening.<ref name=met-photo-advice>{{cite web|title=Photography advice|url=http://www.met.police.uk/about/photography.htm|work=Metropolitan Police website|access-date=14 December 2011|archive-date=21 December 2011|archive-url=https://web.archive.org/web/20111221003540/http://www.met.police.uk/about/photography.htm|url-status=dead}}</ref>

*In October 2005, Sally Cameron was held for four hours after being arrested under the act for walking on a cycle path in a controlled port area in [[Dundee]] owned by [[Forth Ports]]. While cyclists were free to pass through the port zone, she was arrested and detained because she was a pedestrian and under suspicion of being a terrorist.

*In July 2008, anti-terror police held a 12-year-old [[autistic]] boy with [[cerebral palsy]] and his parents whilst travelling on the [[Eurotunnel Shuttle]] rail service under Section 7 of the Terrorism Act. The child's mother was taken to an interrogation room and questioned on suspicion of [[Trafficking of children|child trafficking]] and released without charge. [[Kent Police]] later apologised for the incident.<ref name="eurotunnel">{{cite news|url=http://news.bbc.co.uk/1/hi/england/7520598.stm|title=Terror police detain disabled boy|date=23 July 2008|work=BBC News|access-date=30 November 2009|first=Sally|last=Chidzoy}}</ref>

*In August 2013, while travelling home from a visit to Germany, carrying work in progress relating to [[2013 mass surveillance disclosures|classified US government documents]] to [[Glenn Greenwald]] in Brazil, [[David Miranda (politician)|David Miranda]], 28, was detained by the [[Metropolitan Police Service]] at London's [[Heathrow Airport]] under Schedule 7 of the Terrorism Act 2000.<ref>{{cite news|last=Savage|first=Charlie|title=Britain Detains Partner of Reporter Tied to Leaks|url=https://www.nytimes.com/2013/08/19/world/europe/britain-detains-partner-of-reporter-tied-to-leaks.html|access-date=18 August 2013|newspaper=[[The New York Times]]|date=18 August 2013|author2=Michael Schwirtz|author-link=Charlie Savage (author)}}</ref><ref name="BBCAug19">{{cite news|title=US given 'heads up' on David Miranda detention|work=BBC News|date=19 August 2013|url=https://www.bbc.co.uk/news/uk-23761918}}</ref>

*In September 2003, two people, Kevin Gillan and Pennie Quinton, intending to protest against the Defence Systems Equipment International (DSEI) show in London's [[London Docklands|Docklands]], were stopped and searched under the Act. Quinton, who is a journalist, was ordered by police to stop filming the protest. The pressure group [[Liberty (pressure group)|Liberty]] took the case to [[High Court of Justice|High Court]] where the Judge ruled in favour of the police.<ref name="bbc-powers"/><ref name="guardian-armsfair">{{cite news|url=https://www.theguardian.com/uk/2003/oct/31/armstrade.terrorism|title=Arms fair protesters lose legal challenge|date=31 October 2003|work=The Guardian|access-date=2 December 2009 | location=London}}</ref> Appeals to the Court of Appeal, and, in March 2006, to the House of Lords, failed. The case was then taken to the European Court of Human Rights, on the grounds of an alleged violation of Articles 5,8,10 and 11 of the European Convention on Human Rights. The court ruled that the stop-and-search powers of the police constituted a violation of the right to privacy.<ref name=guardian-15dec2010>{{cite news|title=Stop and search powers illegal, European court rules|url=https://www.theguardian.com/world/2010/jan/12/stop-and-search-ruled-illegal|access-date=15 December 2011|date=12 January 2010|work=The Guardian|first=Alan|last=Travis}}</ref>

* Over 10001,000 anti-war protesters, were stopped and required to empty their pockets, on their way to [[RAF Fairford]] (used by American B-52 bombers during the Iraq conflict).<ref name='TeleAbuse'>{{cite news | title=The police must end their abuse of anti-terror legislation | url =https://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2005/10/03/do0304.xml | archive-url =https://web.archive.org/web/20051231215407/http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2005/10/03/do0304.xml | url-status =dead | archive-date =31 December 2005 | work =[[The Daily Telegraph]] | access-date = 1 January 2008 | location=London | first=Philip | last=Johnston | date=3 October 2005}}</ref>

* In October 2008, police stopped a 15-year-old schoolboy in south London who was taking photographs of [[Wimbledon railway station]] for his school geography project. He was questioned under suspicion of being a terrorist. His parents raised concerns that his personal data could be held on a [[Crimint|police database]] for up to six years.<ref name="schoolboy">{{cite web|url=http://www.amateurphotographer.co.uk/news/terrorism_act_photography_fears_spark_police_response_news_271070.html|title=Terrorism Act: Photography fears spark police response|date=30 October 2008|work=Amateur Photographer|access-date=30 November 2009|url-status=dead|archive-url=https://web.archive.org/web/20081206183303/http://www.amateurphotographer.co.uk/news/terrorism_act_photography_fears_spark_police_response_news_271070.html|archive-date=6 December 2008}}</ref>

*In April 2009, a man in [[Enfield Town|Enfield]] was questioned under Section 44 for photographing a police car that he considered was being driven inappropriately along a public footpath. The police claimed (incorrectly) that the act made it illegal to take photographs of police officers and vehicles.<ref name="enfield">{{cite news|url=http://www.enfieldindependent.co.uk/news/4289832.Man_questioned_under_terrorism_law_after_taking_picture_of_police_car_in_park/|title=Man questioned under terrorism law after taking picture of police car in park|last=Cosgrove|first=Sarah |date=14 April 2009|work=Enfield Independent|access-date=2 December 2009}}</ref>

* Trainspotters have frequently been subjected to stop and search. Between 2000 and 2009, police used powers under the Act to stop 62,584 people at railway stations.<ref>{{Cite web|url=https://www.theguardian.com/commentisfree/libertycentral/2009/jan/22/british-transport-police-crime|title = Police seek new rights for searching train passengers| website=[[TheGuardian.com]] |date = 22 January 2009}}</ref>

* In June 2010, [[Metropolitan Police]] officers attempted to prevent a 15-year-old boy from photographing an [[Armed Forces Day (United Kingdom)|Armed Forces Day]] parade in [[Romford]], East London, citing "[[Anti-social Behaviour Act 2003|antisocial behaviour]]" and the Terrorism Act. A police misconduct hearing held in December 2011 found that the police had no legal power to prevent the teenager from taking pictures and that the police inspector involved in the incident had used abusive language in calling the boy "silly", "gay" and "stupid". The boy was awarded compensation and given an apology.<ref name=mattson-photographer>{{cite web|title=Photographer wins police payout over lawful pics|url=http://www.amateurphotographer.co.uk/news/Photographer_wins_police_payout_over_lawful_pics_news_310784.html|work=Amateur Photographer|access-date=13 December 2011|date=12 December 2011|url-status=dead|archive-url=https://web.archive.org/web/20120108032807/http://www.amateurphotographer.co.uk/news/Photographer_wins_police_payout_over_lawful_pics_news_310784.html|archive-date=8 January 2012}}</ref><ref name=mattson-telegraph>{{cite news|title=Police apologise for gay jibe against photographer|url=https://www.telegraph.co.uk/news/8951188/Police-apologise-for-gay-jibe-against-photographer.html|access-date=13 December 2011|newspaper=The Telegraph|date=12 December 2011|location=London|first=Richard|last=Alleyne}}</ref>

*In October 2011, a man was challenged by security staff in the [[Braehead]] Shopping Centre in [[Glasgow]] after taking photographs of his own four-year-old daughter eating an ice cream in the centre. He was held by [[Strathclyde Police]] under the Terrorism Act and eventually released without charge.<ref name=bbc-braehead>{{cite news|title=Row over photo in shopping centre|url=https://www.bbc.co.uk/news/uk-scotland-glasgow-west-15236758|access-date=13 December 2011|work=BBC News|date=10 October 2011}}</ref>

*[[Paul Golding]] was arrested after visiting Russia in October 2019. Paul Golding refused to provide PIN codes to his phone and laptop at [[Heathrow Airport]] and so he was arrested at the airport and convicted in February 2020 with a [[Discharge (sentence)|Conditional Discharge]] for 9 months and ordered to pay £21 in [[Victim surcharge]] and £750 in costs.<ref>{{cite news |title=Britain First leader Paul Golding convicted under terrorism law |url=https://www.theguardian.com/politics/2020/may/20/britain-first-leader-paul-golding-convicted-under-terrorism-law |access-date=21 February 2023 |work=[[The Guardian,]] |date=20 May 2020. Retrieved 21 May 2020.}}</ref>

* [[List of designated terrorist organisationsgroups]]

* [[USUnited StateStates Department of State list of Foreign Terrorist Organizations]]

[[Category:Counter-terrorismCounterterrorism in the United Kingdom]]