Blackstone's Guide to the Terrorism Act 2006

by Alun Jones, Rupert Bowers, Hugo D. Lodge

Overview

In the immediate aftermath of the London bombings on July 7, 2005, the government announced very quickly that new anti-terror legislation was to be swiftly enacted. The resulting Terrorism Act has been the subject of intense political and legal debate, and creates a number of new terrorist offences including;

BLThe Encouragement of Terrorism
BLThe Dissemination of Terrorist Publications
BLThe Preparation of Terrorist Acts
BLTraining for Terrorism
BLAttendance at a place used for Terrorist Training

The new Act also and particularly controversially, extends the time during which police may detain suspects without charge. These new offences combined with the recent establishment of a specialist prosecution unit dealing with terrorist prosecutions, means that investigation into terrorist offences is predicted to become intense and controversial, leading to a far greater number of prosecutions. Similarly, the aggressive use of investigative powers is expected to lead to challenge in the High Court by way of proceedings for judicial review, and there may be challenges to the legality of certain provisions in the higher domestic Courts and in the European Court of Human Rights.

This new Blackstone's Guide offers comprehensive coverage on the new Act, while also placing it in the context of what has gone before, namely; The Terrorism Act 2000; The Anti -Terrorism, Crime and Security Act 2001; The Regulation of Investigatory Powers Act 2000; the Prevention of Terrorism Act 2005; and the Serious Organised Crime and Police Act 2005. This body of anti-terror legislation is dealt with in logical order, tracing the criminal process through investigation and arrest right through to prosecution and appeal. At each stage the legislation is discussed with reference to Hansard, the common law, authority in UK and abroad in relation to principles of jurisdiction, human rights, the rules of evidence, and other criminal justice statutes.

The book provides clear guidance as to how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial, and includes the full text of the Terrorism Act 2006.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Product Details

ISBN-13:	9780199208432
Publisher:	Blackstone Press
Publication date:	11/23/2006
Series:	Blackstone's Guides
Pages:	232
Product dimensions:	9.10(w) x 6.10(h) x 0.50(d)

About the Author

Alun Jones QC (Call 1972, Silk 1989) is one of the country's leading specialists in commercial crime, extradition, criminal law, mutual assistance, and asset confiscation. Based at 37 Great James Street Chambers, he has defended as leading counsel in eight major Serious Fraud Office prosecutions, conducted fourteen full House of Lords appeals in extradition cases (including Pinochet), and has conducted fourteen full House of Lords appeals in extradition cases. He co-authored Jones & Doobay on Extradition and Mutual Assistance (Sweet & Maxwell 2005; third edition), and is currently co-writing with James Lewis QC, Ben Brandon, and Dr Rob Cryer, The Prosecution of International Crimes in English Courts for OUP. Also based at 37 Great James Street Chambers, Rupert Bowers (Call 1995) is a criminal practitioner specialising in serious fraud, extradition, and the criminal aspects of immigration cases. He is currently instructed by Clyde and Co. and led by Alun Jones Q.C, in the ongoing and high profile extradition case of Dr. Irving who has been accused of breaching U.N. sanctions against Iraq under the humanitarian Oil-for-Food programme.

Table of Contents

IntroductionA. THE SCOPE OF THE BOOK1. The Terrorism Act 2006 and the Terrorism Act 20002. The criminal law background3. Legislative historyB. THE 2006 ACT1. Extra-territorial jurisdiction2. The prospect of expert evidence3. Detention without charge, search and seizureInvestigatory PowersA. A. SECTION 1- ENCOURAGEMENT OF TERRORISM1. The legal background2. Direct and indirect encouragement3. Mens Rea4. Specific defence5. Certainty and Human Rights6. PenaltiesB. SECTION 2- DISSEMINATION OF TERRORIST PUBLICATIONS1. The conduct to which the section applies2. Definition of 'terrorist publication'3. Indirect Encouragement4. Mens Rea5. Indirect encouragement6. Specific Defence7. Penalties8. Convention OffencesC. SECTION 3- APPLICATION OF SECTIONS 1 AND 2 TO INTERNET ACTIVITY ETC1. Application2. Definition of 'unlawfully terrorism-related'3. Section 3 Notices4. Repeat statements5. ChallengeD. GIVING OF NOTICES UNDER SECTION 31. Persons who may be given a notice under section 3CHAPTER 3 - PREPARATION OF TERRORIST ACTS AND TERRORIST TRAININGA. SECTION 5- PREPARATION OF TERRORIST ACTS1. Elements of the offence2. PenaltyB. SECTION 6- TRAINING FOR TERRORISM1. Providing instruction or training2. Receiving instruction or training3. The relevant skills in subsection (3)4. PenaltiesC. SECTION 7- POWERS OF FORFEITURE IN RESPECT OF OFFENCES UNDER S.6D. SECTION 8- ATTENDANCE AT A PLACE USED FOR TERRORIST TRAINING1. Elements of the offence2. Evidential difficulties3. PenaltiesCHAPTER 4 - SECTIONS 9-12- OFFENCES INVOLVING RADIOACTIVE DEVICES AND MATERIALS AND NUCLEAR FACILITIES AND SITESA. OVERVIEWB. OFFENCES1. Section 9. Making and possession of devices or materials2. Section 10. Misuse of devices or material and misuse and damage of facilities3. Section 11. Terrorist threats relating to devices, materials or facilities4. Section 12. Trespassing etc. on nuclear sitesCHAPTER 5 - INCREASES OF PENALTIES AND INCIDENTAL PROVISIONS RELATING TO OFFENCESA. INCREASES IN PENALTIES1. Maximum penalty for possessing for terrorist purposes2. Maximum penalty for certain offences relating to nuclear material3. Maximum penalty for contravening a notice relating to encrypted informationB. INCIDENTAL PROVISIONS ABOUT OFFENCES1. Preparatory hearings in terrorism cases2. Commission of offences abroad3 Liability of company directors etc.4. Consents for prosecutionsChapter 6 - PROSCRIPTIONA. OVERVIEWB. CRIMINAL OFFENCES1. Membership2. Support3. UniformC. GROUNDS FOR PROSCRIPTIOND. NAME CHANGES UNDER THE 2006 ACTE. PROSCRIBED GROUPSF. DEPROSCRIPTION1. Overview of changes introduced by the 2006 Act2. Application to the Secretary of State3. Appeal against refusal by the Secretary of State4. Human Rights5. The nature and limitations of POACCHAPTER 7 - ARREST AND DETENTION WITHOUT CHARGEA. OVERVIEWB. ARREST WITHOUT WARRANT OF TERRORIST SUSPECTSC. DETENTION1. People who may apply for an extension2. Warrant of further detention: Section 293. 'Judicial authority'4. 'Senior Judge'5. Extension of warrant of detention: paragraph 36D. RIGHTS OF A DETAINED TERROR SUSPECT1. Right to have a person informed of the fact of detention2. Right to consult a solicitor3. Rights may be delayed4. 4. Overheard consultation with a solicitor5. The role of the review officer6. Selecting the review officer7. RepresentationsE. JUDICIAL GROUNDS FOR EXTENDING DETENTIONF. RELEASEG. 'SUNSET' SECTIONH. COMMENTARYCHAPTER 8 - STOP, SEARCH, SEIZURE, DETENTION OF CASHA. STOP AND SEARCH OF PERSONS1. Basic PowersB. SEARCH OF PREMISES1. All premises warrants2. Warrants as to which special conditions are satisfied3. Excluded or special procedure material: searchC. SEIZURE OF TERRORIST PUBLICATIONS1. Overview2. The use of the power under section 283. Defending against forfeiture: giving notice of claim4. Automatic forfeiture5. Forfeiture by the court in other cases6. Nature of forfeiture proceedings7. Appeals8. Effect of forfeiture and disposal of unclaimed property9. Saving for owner's rightsD. SEARCH OF VEHICLESE. STOP AND SEARCH IN INTERNAL WATERSF. APPLICATIONS FOR EXTENDED DETENTION OF SEIZED CASHCHAPTER 9 - INVESTIGATORY POWERSA. AMENDMENT OF THE INTELLIGENCE SERVICES ACT 1994B. INTERCEPTION WARRANTSC. DISCLOSURE NOTICES FOR THE PURPOSES OF TERRORIST INVESTIGATIONSCHAPTER 10 - PART III: REVIEW OF TERROR LEGISLATIONAppendix 1- Extracts from Terrorism Act 2000, as amendedAppendix 2 - The Terrorism Act 2006Appendix 3 - The European Convention for the Prevention of Terrorism, May 2005Appendix 4 - The Terrorism Act 2006 (Commencement No 1) Order 2006 (S.I. 2006 No 1013)