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Terrorism under Section 1 (TA 2005)

(1) In this Act "terrorism" means the use or threat of action where-

(a) the action falls within subsection (2),

(2) Action falls within this subsection if it-

(a) involves serious violence against a person,

(b) involves serious damage to property,

(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.

Prescribed Organisations, (TA 2000, Part II)

As in previous Terrorism Acts, such as the Prevention of Terrorism (Temporary Provisions) Act 1989, the 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.

Section 41 – Detention Without Charge

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. 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.

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,and to 28 days by the Terrorism Act 2006.

Stop and search without suspicion - Section 44

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". Unlike other 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.

In 2009, over 100,000 searches were conducted under the powers, but none of these resulted in people being arrested for terrorism offences. 504 were arrested for other offences.

In January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the . It held that Article 8 of the European Convention on Human Rights had been violated in the case of two European Court of Human Rights people stopped in 2003 outside the Excel in London, which at the time was hosting a military equipment exhibition. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", over-ruling a 2003 High Court judgement upheld at the Court of Appeal and the House of Lords. Pending new powers in the (see Court of Appeal), Theresa May made a 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.

Section 47A

As discussed above, since 18 March 2011 section 44 has been treated as repealed. It has been replaced with a new section 47A by the Terrorism Act 2000 (Remedial) Order 2011. Under the new provisions, searches can only be carried out as follows:

A senior police officer must make an authorisation in relation to a specified area or place. He can make such an authorisation only if he:

reasonably suspects that an act of terrorism will take place, and

considers that:

the authorisation is necessary to prevent such an act,

the specified area or place is no greater than is necessary to prevent such an act, and

the duration of the authorisation is no longer than is necessary to prevent such an act.

When such an authorisation is in force, any constable in uniform can, in the specified area or place, stop

· a vehicle, and search:

o -the vehicle,

o the driver of the vehicle,

o a passenger in the vehicle, and

o anything in or on the vehicle or carried by the driver or a passenger,

· a pedestrian, and search:

o the pedestrian, and

o anything carried by the pedestrian.

But the power to search can only be used for the purpose of discovering whether there is anything which may constitute evidence that:

· the vehicle concerned is being used for the purposes of terrorism, or that

· the person concerned is or has been concerned in the commission, preparation or instigation of acts of terrorism.

The power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence. A person or vehicle searched under this power may be detained for as long as is reasonably required. A person who is searched may be required to remove their headgear, footwear, outer coat, jacket or gloves, but nothing else whilst in public. If requested, a form must be given stating that the person/vehicle was stopped.

An authorisation can be given by an Assistant Chief Constable (or if the area is in the Metropolitan Police District of the City of London, then and Commander of the Metropolitan Police/City of London Police). Authorisations can also be given by the Assistant Chief Constables of:

· the British Transport Police, in relation to railway property,

· the Ministry of Defence Police, in relation to military land, ordnance factories or dockyards, or other places where the Ministry of Defence Police have an agreement to police (some gas terminals)

· the Civil Nuclear Constabulary, in relation to nuclear power stations and associated land, and land up to 5 kilometres from such places.

If given verbally, authorisations must be confirmed in writing as soon as reasonably practicable, and in either case must be notified to the Home Office as soon as reasonably practicable. Authorisations must be confirmed by the Home Office within 48 hours of their being made, or they expire automatically. If confirmed, an authorisation can only last for up to 14 days. An authorisation can be cancelled at any time, or restricted in respect of the time it ends or the area which it covers, but it cannot be expanded. New authorisations can be made regardless of whether previous authorisations exist, or have been cancelled or have expired

Section 58 – Collection of information

This section creates the offence, liable to a prison term of up to ten years, to collect or possess "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. Section 57 includes a specific intention, section 58 does not.

Bilal Zaheer Ahmad, 23, from Wolverhampton, is believed to be the first person convicted of collecting information likely to be of use to a terrorist, including the al-Qaeda publication.

Part 7

Part 7, comprising sections 65 to 113, contained particular provisions applying to Northern Ireland, that were to require parliamentary approval on an annual basis by means of a statutory instrument to continue in force. The part replaced previous provisions under the Northern Ireland (Emergency Provisions) Act 1996.

Part 7 was succeeded by the Terrorism (Northern Ireland) Act 2006, which in turn was succeeded by the Justice and Security (Northern Ireland) Act 2007.

Section 75 (Trial without jury)

Section 75 provided for bench trials instead of jury trials in Northern Ireland for scheduled offences, continuing the system of Diplock courts first established in 1973.

Stop and search, arrest and conviction rates

Between July and December 2007, the BBC reported that more than 14,000 people and vehicles had been stopped and searched by British Transport Police in Scotland. In 2008 the Metropolitan Police conducted 175,000 searches using Section 44, these included over 2313 children (aged 15 or under), of whom 58 were aged under 10.

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"

Figures released by the Home Office on 5 March 2007 show that 1,126 people were arrested under the Act between 11 September 2001 and 31 December 2006. Of the total 1,166 people arrested under the Act or during related police investigations, 221 were charged with terrorism offences, and 40 convicted.

Noted arrests under Section 58 include Abu Bakr Mansha in December 2005, and the eight suspects involved in the 2004 Financial buildings plot.

TERRORISM