On 12th April 2019, The Counter-Terrorism and Border Security Act (‘the Act’) came into force in the wake of ongoing national security concerns.
John Veale of Kangs Solicitors outlines some of this new legislation.
The Act | Kangs Solicitors Serious Crime Legislation Advisory Team
Expression of support for a proscribed organisation
(1A) A person commits an offence if the person—
(a) expresses an opinion or belief that is supportive of a proscribed organisation, and
(b) in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.
Publication of images and seizure of articles
(This section has no associated Explanatory Notes) A person commits an offence if the person publishes an image of—
(a) an item of clothing, or
(b) any other article,
in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
- This section makes it an offence to access or view material over the internet that is likely to be useful in a terrorist attack.
- This section extends section 58 of the Terrorism Act 2000 which restricted the offence to downloading or recording such information.
Entering or remaining in a designated area
This section has no associated Explanatory Notes
(1) a person commits an offence ifThis section has no associated Explanatory Notes
(a) the person enters, or remains in, a designated area, and
(b) the person is a United Kingdom national, or a United Kingdom resident, at the time of entering the area or at any time during which the person remains there.
- The Secretary of State can make regulations designating areas outside the UK, when satisfied it is necessary in order to protect the public from threats of terrorism.
- It then becomes an offence for UK nationals or residents to go to, or remain in, any of those designated places subject to a one-month grace period unless they are diplomats or armed forces, and /or there for other reasons such as international aid work or to visit a terminally ill relative.
Increases in Maximum Sentences | Kangs Serious Crime Team
The maximum sentence for each of the following offences is increased:
- Failure to disclose information about terrorism: doubled to 10 years.
- Collection of information likely to be useful to a terrorist: increased from 10 to 15 years.
- Eliciting, collecting or publishing information about the armed forces likely to be useful to a terrorist: increased from 10 to 15 years.
- Encouragement of terrorism: increased from 7 to 15 years.
- Dissemination of terrorist publications: increased from 7 to 15 years.
How We Can Assist | Kangs National Serious Crime Defence Solicitors
Anyone facing investigation or prosecution in respect of any offence of a terrorist nature needs the best experienced advice from the outset.
Please do not hesitate to contact: