Terrorism Related Offences
Terrorism related offences is covered in the Terrorism Act 2000. The legislation is quite broad, vague and applied quite flexibly, covering a range of offences related to terrorism.
In recent years due to the increase in threat of acts of terrorism and social pressure there has been a move towards applying the legislation related to terrorism more liberally.
The gunpowder plot where Guy Fawkes and a group of English Catholics attempted to murder King James I of England and Scotland by placing explosives under the Houses of Parliament on 5 November 1605 was one of the oldest terrorist attacks in Great Britain. Guy Fawkes day or Bonfire Night commemorates the failed attempt to assassinate the Kind over 400 years ago. Since this event, terrorism legislation has applied stricter measures in order to protect citizens as it poses serious human rights threats and security threats to the government.
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The term terrorism describes acts that involve serious violence against a person involving serious damage to property and another person’s life, both in and outside of the UK. The term ‘act’ refers to conducts that create serious risks to the health and safety of either sections of the public or the general public, and these acts seriously endanger and interfere with an electronic system.
The act must be conducted with the purpose and intention of advancing a political, religious, racial or ideological cause.
The actions described above can be intended to influence the government, an international governmental organisation, to intimidate the public, or a section of the public.
Terrorism offences, whether the conduct was actually committed or there was a conspiracy to conduct the action, have the same charges, meaning that planning, assisting, collecting information on how to commit terrorist acts are all criminal acts under the Terrorism Act.
Examples of organisations can be:
• Extreme right-wing terrorism
The UK has strict policies in place to tackle terrorism, with a depth of Counter-Terrorism policies, legislation and laws. Charges for terrorism related offences have very heavy penalties due to severe threat it poses to the public and the Government. For this reason, criminal cases which otherwise do not fall under Terrorism legislation but has links to terrorism will be charged with higher sentences. For example, a murder case will incur heavier penalties if it is found to be related to terrorism.
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There are three ways in which a person can be charged with an offence of Terrorist Fundraising
1. If a person encourages another to provide money, including lending money, and the other person has solid reasons to infer that the money will be used for terrorism purposes
2. If a person gets money or property with the intention, or can suspect that, it will be used for terrorism purposes; and
3. If a person provides money or property with knowledge, or reasonable can infer from the available information that it may be used for terrorism purposes.
There is a maximum sentence of 14 years imprisonment.
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Possessing articles for terrorist purposes is a very serious crime and charges for the offender are very heavy. The maximum sentence for possession for terrorist purposes is 10 years and imprisonment for life for offences related nuclear material.
A person can be charged for making, possessing or even making it available for use any matters involving radioactive devices or materials with the intention to commit an act for the purposes of terrorism will be charged with Possession of Articles for Terrorist Purposes.
If you are accused of possessing materials with the purpose of terrorism, this is a very daunting time for you with complex legislation and heavy sentences to grapple with. For legal representation in this onerous stage for you, contact us via out website or call us immediately.
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An organisation can be charged with Membership of Proscribed Organisations under the Terrorism Act 2000 if there is evidence that there are links with criminal conduct related to terrorism, where it is reasonable to infer. The Act concerns both domestic and international terrorism.
Conducts that the Home Office can infer criminal activity related to terrorism on the basis of:
• The nature and scope of the activities taking place in the organisation
• The threat it poses to the UK
• The threat it poses to UK national abroad
• The degree of the presence of the organisation in the UK
• The need to support members of the international community besides British national against the fight against terrorism globally
Membership of a proscribed organisation is convictable on indictment and has a heavy imprisonment sentence of maximum 14 years, a fine, or both.
If a person is part of a terrorist organisation but the period of time in which they were a member the organisation was not classified as a terrorist organisation, or where the individual had not taken part in any of the activities conducted by the organisation classified under terrorist criminal activity, there is a defence available.
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