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The Terrorism Acts in 2016 THE TERRORISM ACTS IN 2016 REPORT OF THE INDEPENDENT REVIEWER OF TERRORISM LEGISLATION ON THE OPERATION OF THE TERRORISM ACTS 2000 AND 2006 by MAX HILL Q.C. Independent Reviewer of Terrorism Legislation JANUARY 2018 THE TERRORISM ACTS IN 2016 REPORT OF THE INDEPENDENT REVIEWER OF TERRORISM LEGISLATION ON THE OPERATION OF THE TERRORISM ACTS 2000 AND 2006 by MAX HILL Q.C. Independent Reviewer of Terrorism Legislation JANUARY 2018 Presented to Parliament pursuant to Section 36(5) of the Terrorism Act 2006 THE TERRORISM ACTS IN 2016 REPORT OF THE INDEPENDENT REVIEWER OF TERRORISM LEGISLATION ON THE OPERATION OF THE TERRORISM ACTS 2000 AND 2006 by MAX HILL Q.C. Independent Reviewer of Terrorism Legislation Presented to Parliament pursuant to Section 36(5) of the Terrorism Act 2006 January 2018 CONTENTS 0D[+LOO EXECUTIVE SUMMARY 2 7KHWH[WRIWKLVGRFXPHQW WKLVH[FOXGHVZKHUHSUHVHQWWKH5R\DO$UPVDQGDOO 1. INTRODUCTION 3 GHSDUWPHQWDORUDJHQF\ORJRV PD\EHUHSURGXFHGIUHHRIFKDUJH LQDQ\IRUPDWRU PHGLXPSURYLGHGWKDWLWLVUHSURGXFHGDFFXUDWHO\DQGQRWLQDPLVOHDGLQJFRQWH[W 2. THREAT PICTURE 14 7KHPDWHULDOPXVWEHDFNQRZOHGJHGDV0D[+LOOFRS\ULJKWDQGWKHGRFXPHQWWLWOH 3. PROSCRIBED ORGANISATIONS & EXECUTIVE ORDERS 25 VSHFLILHG:KHUHWKLUGSDUW\PDWHULDOKDVEHHQLGHQWLILHGSHUPLVVLRQIURPWKH UHVSHFWLYHFRS\ULJKWKROGHUPXVWEHVRXJKW 4. STOP AND SEARCH 28 $Q\HQTXLULHVUHODWHGWRWKLVSXEOLFDWLRQVKRXOGEHVHQWWRWKH,QGHSHQGHQW5HYLHZHU 5. PORT AND BORDER CONTROLS 32 0D[+LOO4&5HG/LRQ&RXUW/RQGRQ(&$(% 6. ARREST AND DETENTION 43 7KLVSXEOLFDWLRQLVDYDLODEOHDWhttp://terrorismlegislationreviewer.independent.gov.uk 7. CRIMINAL PROCEEDINGS 58 ,6%1 8. CONCLUSIONS AND RECOMMENDATIONS 71 &&6 3ULQWHGRQSDSHUFRQWDLQLQJUHF\FOHGILEUHFRQWHQWPLQLPXP ANNEXES 3ULQWHGLQWKH8.E\WKH$36*URXSRQEHKDOIRIWKH&RQWUROOHURI+HU0DMHVW\·V 6WDWLRQHU\2IILFH ANNEX 1: ORGANISATIONS WHO MET THE INDEPENDENT REVIEWER 74 DURING THE COMMUNITY ENGAGEMENT ROUNDTABLES ORGANISED BY FORWARD THINKING ANNEX 2: EXECUTIVE LEGAL MEASURES AND TERRORISM: 76 PROSCRIPTION AND FINANCIAL SANCTIONS (GUEST CHAPTER BY PROF EMERITUS CLIVE WALKER Q.C. (Hon)) CONTENTS 0D[+LOO EXECUTIVE SUMMARY 2 7KHWH[WRIWKLVGRFXPHQW WKLVH[FOXGHVZKHUHSUHVHQWWKH5R\DO$UPVDQGDOO 1. INTRODUCTION 3 GHSDUWPHQWDORUDJHQF\ORJRV PD\EHUHSURGXFHGIUHHRIFKDUJHLQDQ\IRUPDWRU PHGLXPSURYLGHGWKDWLWLVUHSURGXFHGDFFXUDWHO\DQGQRWLQDPLVOHDGLQJFRQWH[W 2. THREAT PICTURE 14 7KHPDWHULDOPXVWEHDFNQRZOHGJHGDV0D[+LOOFRS\ULJKWDQGWKHGRFXPHQWWLWOH 3. PROSCRIBED ORGANISATIONS & EXECUTIVE ORDERS 25 VSHFLILHG:KHUHWKLUGSDUW\PDWHULDOKDVEHHQLGHQWLILHGSHUPLVVLRQIURPWKH UHVSHFWLYHFRS\ULJKWKROGHUPXVWEHVRXJKW 4. STOP AND SEARCH 28 $Q\HQTXLULHVUHODWHGWRWKLVSXEOLFDWLRQVKRXOGEHVHQWWRWKH,QGHSHQGHQW5HYLHZHU 5. PORT AND BORDER CONTROLS 32 0D[+LOO4&5HG/LRQ&RXUW/RQGRQ(&$(% 6. ARREST AND DETENTION 43 7KLVSXEOLFDWLRQLVDYDLODEOHDWKWWSVZZZJRYXNJRYHUQPHQWSXEOLFDWLRQV 7. CRIMINAL PROCEEDINGS 58 ,6%1 8. CONCLUSIONS AND RECOMMENDATIONS 71 &&6 3ULQWHGRQSDSHUFRQWDLQLQJUHF\FOHGILEUHFRQWHQWPLQLPXP ANNEXES 3ULQWHGLQWKH8.E\WKH$36*URXSRQEHKDOIRIWKH&RQWUROOHURI+HU0DMHVW\·V 6WDWLRQHU\2IILFH ANNEX 1: ORGANISATIONS WHO MET THE INDEPENDENT REVIEWER 74 DURING THE COMMUNITY ENGAGEMENT ROUNDTABLES ORGANISED BY FORWARD THINKING ANNEX 2: EXECUTIVE LEGAL MEASURES AND TERRORISM: 76 PROSCRIPTION AND FINANCIAL SANCTIONS (GUEST CHAPTER BY PROF EMERITUS CLIVE WALKER Q.C. (Hon)) EXECUTIVE SUMMARY 1. INTRODUCTION I succeeded my distinguished predecessor David Anderson QC on 1st March 2017. This is This report my first report as Independent Reviewer and is on the operation of the legislation existing in 2016, therefore prior to my appointment. This report will not include a detailed review of the terrorist attacks during 2017, partly because investigation and/or formal proceedings are 1.1. My remit is to review our terrorism legislaWion annually, essentially the Terrorism Acts ongoing, but will include any legislative changes to date. (Chapter 1) (TA) 2000 1 and 2006, 2 together with the Terrorism Prevention and Investigation 3 4 During 2016, the overall threat picture for the UK remained at Severe. Daesh continued to Measures (TPIM) Act 2011 and the Terrorist Asset Freezing Act (TAFA) 2010. represent the most significant terrorist threat, but the UK faced a continuing threat of violence and terrorism from extremism, including the extreme right wing and far right. This 1.2. I succeeded my distinguished predecessor David Anderson QC on 1st March 2017. was evidenced by the proscription of the extreme right wing group National Action in This is my first report as Independent Reviewer and is on the operation of the December 2016 and the terrorism-related murder of Jo Cox MP in June 2016. (Chapter 2) legislation existing in 2016, therefore prior to my appointment. The last annual report, produced by my predecessor David Anderson QC in December 2016,5 was on the 71 organisations are proscribed under the Terrorism Act, and 14 organisations in Northern operation of the legislation in 2015. Because the Independent Reviewer has no Ireland. During autumn 2017, 6 people were subject to TPIM notices. (Chapter 3) operational role in the investigation of terrorism-related activity, which is the function of The Terrorism Act stop and search powers were used 483 times in Great Britain with an the Police, intelligence and security services, there is a necessary delay before I or my arrest rate of 9%. The powers were used 197 times in Northern Ireland. The power to stop predecessors are able to produce our reports and recommendations. For the same and search without suspicion was once again not used. (Chapter 4) reason, this report will not include the events of 2017 or the operation of our legislation The frequency of use of Schedule 7 powers to examine people at ports and airports during the period affected by the terrorist atrocities commencing with the multiple continued to decline, with 17,501 examinations in Great Britain in the year ending June murders committed on Westminster Bridge in London on 22nd March 2017. The I’ll 2017 compared to 23,719 examinations in the previous 12 months. (Chapter 5) Independent Reviewer is not an active commentator on events as they happen. come to all of the events, changes and challenges of 2017, but I shall do so in my The number of Terrorism Act arrests decreased compared to 2015, with Northern Ireland annual report on the operation of the legislation during 2017, which I hope to prepare recording the lowest number of arrests in any year since 2001. The arrest power was once during the first half of 2018. I am conscious that anxious times call for comment and again used with far greater frequency in Northern Ireland than in Great Britain, but detention reflection as soon as this can be achieved. To this end I hope that my next report will beyond 48 hours, common in Great Britain, is still rare in Northern Ireland. (Chapter 6) come out sooner rather than later during 2018. There were 62 trials for terrorism related offences in 2016. Of these, 54 persons were convicted and 8 acquitted. The concluded cases, including the cases of Thomas Mair and Anjem Chaudary, are summarised in the report and a brief review of Terrorism Acts 1 Terrorism Act 2000. Available at: https://www.legislation.gov.uk/ukpga/2000/11/contents (Accessed: 7 offences and maximum sentencing is included. (Chapter 7) November 2017). 2 Terrorism Act 2006. Available at: https://www.legislation.gov.uk/ukpga/2006/11/contents (Accessed: 7 November 2017). I have summarised my initial conclusions and recommendations in Chapter 8. 3 Terrorism Prevention and Investigation Measures Act 2011. Available at: https://www.legislation.gov.uk/ukpga/2011/23/contents (Accessed: 7 November 2017). There is a discussion on executive measures: proscription and financial sanctions (Guest 4 Terrorist Asset Freezing etc. Act 2010. Available at: chapter by Professor Clive Walker). This represents independent research by Prof Walker, https://www.legislation.gov.uk/ukpga/2010/38/contents (Accessed: 7 November 2017). 5 D. Anderson, The Terrorism Acts in 2015, December 2016. but touches upon important issues which are at the heart of the IRTL’s remit. (Annex 2) EXECUTIVE SUMMARY 1. INTRODUCTION I succeeded my distinguished predecessor David Anderson QC on 1st March 2017. This is This report my first report as Independent Reviewer and is on the operation of the legislation existing in 2016, therefore prior to my appointment. This report will not include a detailed review of the terrorist attacks during 2017, partly because investigation and/or formal proceedings are 1.1. My remit is to review our terrorism legislaWion annually, essentially the Terrorism Acts ongoing, but will include any legislative changes to date. (Chapter 1) (TA) 2000 1 and 2006, 2 together with the Terrorism Prevention and Investigation 3 4 During 2016, the overall threat picture for the UK remained at Severe. Daesh continued to Measures (TPIM) Act 2011 and the Terrorist Asset Freezing Act (TAFA) 2010. represent the most significant terrorist threat, but the UK faced a continuing threat of violence and terrorism from extremism, including the extreme right wing and far right. This 1.2. I succeeded my distinguished predecessor David Anderson QC on 1st March 2017. was evidenced by the proscription of the extreme right wing group National Action in This is my first report as Independent Reviewer and is on the operation of the December 2016 and the terrorism-related murder of Jo Cox MP in June 2016. (Chapter 2) legislation existing in 2016, therefore prior to my appointment. The
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