Terrorism Act 2000 Article Index for
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Terrorism Act 2000




It supersedes and repeals the Prevention Of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emergency Provisions) Act 1996 .

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 Home Secretary Charles Clarke said "the statistics illustrate the difficulty of getting evidence to bring prosecution" {Link without Title} .


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 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 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.


Section 1 goes on to give the Act worldwide scope:
  • an "action" can be anywhere in the world,

  • "the government" is that of any country, not just the UK, and

  • "the public" is the public of any country.



TRAINING

Under section 54 training can be an offence:


54. - (1) A person commits an offence if he provides instruction or training in the making or use of:
:(a) firearms,
:(b) explosives, or
:(c) chemical, biological or nuclear weapons.


However 54 (5) provides that it is a defence for a person charged with this offence to prove that the provision of instruction or training "was wholly for a purpose other than assisting, preparing for or participating in 'terrorism'" (as defined by section 1 of the Act)


LIST OF PROSCRIBED GROUPS

Under the act, the Home Secretary may modify the list of proscribed groups by his order if he believes that an organization is "concerned in terrorism". Such an organization is defined as an organization that "commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism, or is otherwise concerned in terrorism."


International groups

The secretary of state's list proscribes a number of international organisations, the majority due to accusations connected with Islamic Fundamentalism . The list as of an update on 14 October 2005 is:




Domestic groups

A number of armed groups are also proscribed due to accusations arising from The Troubles in Northern Ireland . The list as of October 2005 is:

source: http://www.homeoffice.gov.uk/security/terrorism-and-the-law/terrorism-act/proscribed-groups


CONTROVERSIAL POLICE USAGE OF THE ACT

Legislation of this type, which touches on issues of free speech and freedom generally, draws criticism from individuals and organisations keenly interested in personal liberty. Critics of this Act point to several cases in seeking to illustrate the dangers of this type of legislation:


  • Walter Wolfgang was removed from the 2005 Labour Party conference for heckling Jack Straw , the Terrorism Act being used to enforce his removal from the audience. This caused enormous embarrassment to Prime Minister Tony Blair who acknowledged that this should not have happened.




SEE ALSO

See also:


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