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Terrorism

The Powers in General

The police have power to arrest, stop and search anyone (including vehicles) they have a reasonable suspicion of them possessing stolen articles, weapons or anything that might be used to steal or do criminal damage.
In Order to be arrested  by the Police all that needs to be shown is  the officer reasonably suspects’ another to be a terrorist under S.41 Terrorism Act 2000;

  1. A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
  2. Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.
  3. Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—
    1. with the time of his arrest under this section, or
    2. if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.

Detention

Under the Terrorism Act 2006 the maximum time police can hold someone for is 28 days.

However their detention will be reviewed every 12 hours and after 48 hours a warrant is required from a district judge to retain them in custody. The District judge will only give the warrant if satisfied that the detention is required to obtain or preserve evidence and the investigation is being done properly. It is very unlikely that the Police will be refused this extension as they will argue that the have just begun their investigation.

Further warrants can be issued and further time given. A warrant for detention above 14 days must be made by a senior judge and suspects have the right to make representations before him.

The police can also use a power to stop and search people for things that could be used in connection with terrorism under the Terrorism Act 2000. No reasonable suspicion is required so anyone within an area may be searched.  All that is needed is an officer of at least the rank of assistant chief constable (or commander) must give authority for them to use this power beforehand and this authority must last for no longer than 28 days.


Offences

The main offences are:

  • Directing terrorist activities,
  • Being a member of a proscribed organization such as Hamaz, PKK, etc
  • Glorifying terrorism by selling or viewing it
  • Distributing terrorism material via stalls or the internet
  • Direct terrorism overseas
  • Training others to use weapons for terrorism purposes,
  • Possessing articles for which there is a suspicion that they may be used in terrorism acts,
  • Using or raising money for the purposes of terrorism.
  • Failing to disclose material information relating to the above
  • Who is a Terrorist
  • We all know what a terrorist is, but what is not known is that ordinary people who may have a particular view may also get caught out under the following sections of the Terrorism legislations.

 

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ADL Solicitors is a Solicitors Practice operating under the law of England and Wales. It is registered with the Solicitors Regulation Authority and is subject to the Solicitors Code of Conduct which can be viewed by visiting their website; www.sra.org.uk.