A Guide to Terrorism Laws

Terrorism is a threat that is faced throughout the world, with recent acts causing multiple deaths and fuelling fears in many countries. The term ‘terrorism' refers to a threat of action, in any place - not just the UK, which is intended to influence the decisions and actions of a government or to cause intimidation to the public. Acts of terrorism must also be used with the purpose of advancing religious, political, ideological or racial causes.

The law aims to reduce threats of terrorism and bring anyone found guilty of committing or planning such acts to justice. The following article explains UK law in relation to terrorism including actions that constitute terrorism, relevant legislation, who is responsible for investigating terrorism cases and possible penalties for those found guilty of being involved in acts of terrorism.

Actions that Amount to Acts of Terrorism

There are a number of actions that can be considered as acts of terrorism if they are carried out in order to advance religious, ideological, racial or political means. They include:

• Acts of serious violence against another person, people or property
• Acts that endanger another person's life
• Acts that are carried out with the intent of causing significant interference or serious disruption to electronic systems
• Behaviours that seriously risk the health and safety of the public or a number of people or group within society.

The law does not require a person to have actually carried out one of the acts above in order for them to be convicted of a terrorist offence. Instead, a person can be convicted if they are found guilty of planning, assisting with or even gathering information on how to carry out one of the acts.

Does UK law treat acts of terrorism differently to other crimes?

Terrorism offences and terrorist-related crimes are treated in the same way as other types of crimes in UK law. The Crown Prosecution Service (CPS) will evaluate each case and will make a decision on whether to charge a person based on the contents of the Code for Crown Prosecutors.

That said, terrorism offences do differ from other types of crimes in that they are motivated by political, religious or racial concerns, instead of criminal motivations such as personal gain or anger. For this reason, the CPS and police services have specialist units who deal with terrorism offences, including the Counter Terrorism Units that are located throughout the country.

The CPS Special Crime and Counter Terrorism Division (SCCTD)

The CPS Special Crime and Counter Terrorism Division (SCCTD) is the division that is responsible for dealing with terrorism and war crimes, including crimes against humanity, incitement to hatred offences and official secrets crimes. There has been a significant rise in terrorism offences in recent years, and so it has become imperative for specialist units to detect, investigate and prosecute terrorism offenders.

Since the specialist teams have been set up, the number of arrests in relation to terrorism offences has significantly increased. This is largely related to the UK response to terrorist attacks such as those in London and Manchester as well as the use of specialised skills and investigative equipment.

Counter Terrorism Police

The Metropolitan Police have an established unit to deal with terrorism offences, known as the Counter Terrorism Command. This division was setup to protect the capital and to pioneer anti-terrorism operations. The Counter Terrorism Command utilises specialist intelligence, investigation methods and operations to seek out terrorists and those who support them and stop attacks before they happen wherever possible.

Working closely with partners who include MI5 (the British Security Service) and MI6 (the Secret Intelligence Service), the Counter Terrorism Command strives to prevent terrorist acts and penalise those guilty of any involvement.

How are acts determined to be terrorism rather than other offences?

If it is appropriate, an offence can be classified as having 'a terrorist connection'. This can mean that it can sometimes be confusing to determine whether a person is considered to be a terrorist or not. Offences that can be classified as having a terrorist connection are outlined in Schedule 2 of the Counter-Terrorism Act 2008 and includes offences such as murder and causing an explosion.

Recent terrorist activity has led to revisions and additions to UK law that include new offences and authorities to minimise and defend against acts of terrorism. This includes legislation set out in the Terrorism Act 2000 and Terrorism Act 2006, such as:

Section 5 of the Terrorism Act 2006. This makes it an offence to take part in preparing acts of terrorism or to help others in their preparations for terrorist acts. This includes completed preparations and attempted preparations. For a person to be found guilty of this offence, it must be proven that the individual had the intent to carry out acts of terrorism. This can cover a range of various criminal acts, from minor involvement in research and planning through to the preparation of carrying out multiple murders.

Any person found guilty of committing an offence under Section 5 of the Terrorism Act 2006 faces a maximum prison sentence of life imprisonment.

Section 58 of the Terrorism Act 2000. Under Section 58, it is an offence for any person to collect or maintain a record of information that may be useful for any person who intends to carry out an act of terrorism. It is also an offence to possess any document that contains such information.

The maximum prison sentence for a person found guilty of an offence under Section 58 is 10 years imprisonment.

Section 2 of the Terrorism Act 2006 is legislation that makes it an offence for a person to distribute or share terrorist publications or materials with an intention of promoting or encouraging acts of terrorism. Terrorist publications are any publication that can be considered helpful to any person who prepares acts of terror.

The maximum prison sentence for offences under Section 2 of the Terrorism Act 2006 is seven years imprisonment.

Is it an offence for someone to not report acts of terrorism or information relating to the preparation of such acts?

It is illegal for a person to fail to inform the police about acts of terrorism or to provide information relating to the preparation of such acts. As per the legislation set out in Section 38 of the Terrorism Act 2000, if a person knows or has reason to believe that someone else is preparing acts of terror, they are legally obliged to inform the police. Failure to do so may result in a maximum prison sentence of five years imprisonment.