The Terrorism Act 2000 (c.11) is the first of a number of general
Terrorism Acts From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland. The timings were influenced by the September 11, 2001 at ...
passed by the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It superseded and repealed the
Prevention of Terrorism (Temporary Provisions) Act 1989
The Prevention of Terrorism (Temporary Provisions) Act 1989 was one of the Prevention of Terrorism Acts of the United Kingdom related to The Troubles in Northern Ireland.
Powers contained in the Acts
The Prevention of Terrorism (Temporary P ...
and the Northern Ireland (Emergency Provisions) Act 1996. It also replaced parts of the
Criminal Justice (Terrorism and Conspiracy) Act 1998
The Criminal Justice (Terrorism and Conspiracy) Act 1998 is a law passed in the United Kingdom, which came into force on 4 September 1998. It stipulated that it is an offense to participate in a conspiracy to carry out a course of conduct that le ...
. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the
European Court of Human Rights.
Definition of terrorism
Terrorism is defined, in the first section of the Act, as follows:
Section 1. –
:(1) In this Act "terrorism" means the use or threat of action where-
::(a) the action falls within subsection (2),
::(b) the use or threat is designed to influence the government r an international governmental organisationor to intimidate the public or a section of the public, and
::(c) the use or threat is made for the purpose of advancing a political, religious racialor ideological cause.
:(2) Action falls within this subsection if it-
::(a) involves serious violence against a person,
::(b) involves serious damage to property,
::(c) endangers a person's life, other than that of the person committing the action,
::(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.
Sections (2)(b) and (e) have been criticised as falling well outside the scope of what is generally understood to be the
definition of terrorism
There is no universal agreement on the legal definition of terrorism, although there exists a consensus academic definition created by scholars.
Various legal systems and government agencies use different definitions of terrorism, and governm ...
, i.e. acts that require life-threatening violence.
Prior to this, terrorism was defined in an Act as a footnote, such as Reinsurance (Acts of Terrorism) Act 1993 (c. 18) section 2(2):
"acts of terrorism" means acts of persons acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of Her Majesty's government in the United Kingdom or any other government de jure or de facto.
and Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) section 20(1):
In this Act "terrorism" means the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear.
In the Northern Ireland (Emergency Provisions) Act 1996, the criminal offences referred to as terrorism are provided as an exhaustive list of over 70 items.
This move to establish a sound definition of terrorism in the law made it possible to build an entirely new set of police and investigatory powers into incidents of this kind, beyond what they could do for ordinary violent offences.
The inclusion in its definition of the phrase ''or threat'' mirrors the common law, as it was codified with respect to written words, in
27 Geo II c.15 (1754) and again in
4 Geo IV c.54 (1823).
Proscribed groups
As in previous
Terrorism Acts From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland. The timings were influenced by the September 11, 2001 at ...
, such as the
Prevention of Terrorism (Temporary Provisions) Act 1989
The Prevention of Terrorism (Temporary Provisions) Act 1989 was one of the Prevention of Terrorism Acts of the United Kingdom related to The Troubles in Northern Ireland.
Powers contained in the Acts
The Prevention of Terrorism (Temporary P ...
, 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.
Under the act aliases of organizations can be added. For example,
Al Muhajiroun,
Islam4UK,
Call to Submission,
Islamic Path
Al-Muhajiroun ( ar, المهاجرون, "The Emigrants") is a proscribed militant network based in Saudi Arabia. The founder of the group was Omar Bakri Muhammad, a Syrian who previously belonged to ''Hizb ut-Tahrir''; he was not permitted to re ...
,
London School of Sharia and
Muslims Against Crusades were added in January 2010 and November 2011 as alternative names for Al Ghurabaa and The Saved Sect (also deemed to be the same organization) and in June 2014
Need4Khilafah, the
Shariah Project
Al-Muhajiroun ( ar, المهاجرون, "The Emigrants") is a proscribed militant network based in Saudi Arabia. The founder of the group was Omar Bakri Muhammad, a Syrian who previously belonged to ''Hizb ut-Tahrir''; he was not permitted to re ...
and the
Islamic Dawah Association
Al-Muhajiroun ( ar, المهاجرون, "The Emigrants") is a proscribed militant network based in Saudi Arabia. The founder of the group was Omar Bakri Muhammad, a Syrian who previously belonged to ''Hizb ut-Tahrir''; he was not permitted to re ...
were added to this list. An alias does not have to be added to the list for prosecution to be possible, provided it can be demonstrated that for all intents and purposes the organization is a proscribed one, and that the person involved has committed a proscribed act.
List of proscribed international terrorist groups
the following 78 organisations appeared in Schedule 2 of the Act, to which they have been added periodically since March 2001 by
statutory instruments, and are listed under the above heading in the
Home Office document 'Proscribed Terrorist Organisations:
List of proscribed groups linked to Northern Ireland-related terrorism
The following 14 organisations have appeared in Schedule 2 of the Act since it came into force and are listed under the above heading in the
Home Office document 'Proscribed Terrorist Organisations' under the collective description "organisations in Northern Ireland that were proscribed under
previous legislation". They are armed paramilitary groups proscribed because of involvement in
the Troubles;
*
Continuity Army Council (CAC)
*
Cumann na mBan
Cumann na mBan (; literally "The Women's Council" but calling themselves The Irishwomen's Council in English), abbreviated C na mB, is an Irish republican women's paramilitary organisation formed in Dublin on 2 April 1914, merging with and d ...
*
Fianna na hÉireann, a name claimed by multiple groups
*
Irish National Liberation Army (INLA)
*
Irish People's Liberation Organisation (IPLO)
*
Irish Republican Army (IRA), a name claimed by multiple groups
*
Loyalist Volunteer Force
The Loyalist Volunteer Force (LVF) is a small Ulster loyalist paramilitary group in Northern Ireland. It was formed by Billy Wright in 1996 when he and his unit split from the Ulster Volunteer Force (UVF) after breaking its ceasefire. Most of ...
(LVF)
*
Orange Volunteers
The Orange Volunteers (OV) or Orange Volunteer Force (OVF) is a small Ulster loyalist paramilitary group in Northern Ireland. It was formed in 1998 by loyalists who opposed the Belfast Agreement and the loyalist ceasefires. Over the following y ...
*
Red Hand Commando
*
Red Hand Defenders
*
Saor Éire
*
Ulster Defence Association
The Ulster Defence Association (UDA) is an Ulster loyalist paramilitary group in Northern Ireland. It was formed in September 1971 as an umbrella group for various loyalist groups and undertook an armed campaign of almost 24 years as one of t ...
(UDA)
* "Ulster Freedom Fighters" (UFF), a cover name for UDA
*
Ulster Volunteer Force
The Ulster Volunteer Force (UVF) is an Ulster loyalist paramilitary group. Formed in 1965, it first emerged in 1966. Its first leader was Gusty Spence, a former British Army soldier from Northern Ireland. The group undertook an armed campaign ...
(UVF)
List of formerly proscribed groups
*
Mujaheddin e Khalq (MeK) was removed from the list in June 2008, as a result of judgements of the
Proscribed Organisations Appeal Commission
This is a list of tribunals believed to be currently in existence in the United Kingdom.
General tribunals
First-tier Tribunal
The First-tier Tribunal hears appeals from regulators and decision-makers in a wide range of subject areas, current ...
and the
Court of Appeal.
*
International Sikh Youth Federation (ISYF) was deproscribed in March 2016.
*
Hezb-e Islami Gulbuddin
The Hezb-e-Islami Gulbuddin ( fa, حزب اسلامی گلبدین; abbreviated HIG), also referred to as Hezb-e-Islami or Hezb-i-Islami Afghanistan (HIA), is an Afghan political party and former militia, originally founded in 1976 as Hezb-e-Is ...
(HIG) was deproscribed in December 2017.
*
Libyan Islamic Fighting Group (LIFG) was deproscribed in November 2019.
Provisions
Section 41 (arrest without warrant)
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
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
, and to 28 days by the
Terrorism Act 2006
The Terrorism Act 2006 is an Act of the Parliament of the United Kingdom that received royal assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. Th ...
.
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
European Court of Human Rights. It held that
Article 8 of the European Convention on Human Rights Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and " necessary in a democrati ...
had been violated in the case of two people stopped in 2003 outside the
ExCeL convention centre 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 judgment upheld at the
Court of Appeal and the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
.
Pending new powers in the
Protection of Freedoms Bill (see
Section 47A),
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:
**the vehicle,
**the driver of the vehicle,
**a passenger in the vehicle, and
**anything in or on the vehicle or carried by the driver or a passenger,
*a pedestrian, and search:
**the pedestrian, and
**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 or the
City of London, then a
Commander of the
Metropolitan Police/
City of London Police).
Authorisations can also be given by the Assistant Chief Constables of:
*the
British Transport Police
, nativename =
, abbreviation = BTP
, patch =
, patchcaption =
, logo = British Transport Police Logo.svg
, logocaption = Logo of the British Transport Police
, badge =
, badgecaption =
, f ...
, in relation to railway property,
*the
Ministry of Defence Police
The Ministry of Defence Police (MDP) is a civilian special police force which is part of the United Kingdom's Ministry of Defence. The MDP's primary responsibilities are to provide armed security and counter terrorism services to designated hig ...
, 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
The Civil Nuclear Constabulary (CNC) (Welsh: ''Heddlu Sifil Niwclear'') is a special police force responsible for providing law enforcement and security at any relevant nuclear site and for security of nuclear materials in transit within the Unit ...
, 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 fifteen years, to collect, possess, or access, "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. In 2019, the Section was amended to include accessing such information online in the definition of the offence. 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 ''
Inspire
The following is a thematic list of European Union directives:
For a date based list, see the :European Union directives by number
Numbering
From 1 January 1992 to 31 December 2014, numbers assigned by the General Secretariat of the Council ...
''.
Part 7
Part 7, comprising sections 65 to 113, contained particular provisions applying to
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
, 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
The Terrorism (Northern Ireland) Act 2006 (c 4) is an Act of the Parliament of the United Kingdom. It provided that Part 7 of the Terrorism Act 2000 allowing Diplock courts in Northern Ireland, which would otherwise have expired on 18 Febr ...
, which in turn was succeeded by the
Justice and Security (Northern Ireland) Act 2007.
Section 75 (Trial without jury)
Section 75 provided for
bench trial
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
s instead of
jury trials in Northern Ireland for scheduled offences, continuing the system of
Diplock court
Diplock courts were criminal courts in Northern Ireland for non-jury trial of specified serious crimes ("scheduled offences"). They were introduced by the Northern Ireland (Emergency Provisions) Act 1973, used for political crime, political an ...
s first established in 1973.
Penalties
From Terrorism Act 2000
* Section 11 membership of a proscribed organisation - 10 years or a fine or both
* Section 12 support of a proscribed organisation - 10 years or a fine or both
* Section 13: "A person in a public place commits an offence if he (a)wears an item of clothing, or (b)wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation." - 6 months or a statutory fine
* Section 15 fund raising for a proscribed organisation
* Section 16 using money or property for terrorism
* Section 17 funding terrorism
* Section 18 money laundering to aid terrorism
* Section 19 failure to disclose information - 5 years or a fine or both
* Section 21A failure to disclose information: regulated sector - 5 years or a fine or both
* Section 21D tipping off: regulated sector - 2 years or a fine or both
** Section 22 penalties for an offence in sections 15 to 18 – 14 years or a fine or both
* Section 36 disobeying a constable in a cordoned area - 3 months or a fine or both
* Section 38B failure to disclose information about an act of terrorism - 5 years or a fine or both
* Section 39 unauthorised disclosure of information - 5 years or a fine or both
* Section 47 failing to stop when required by a constable - 6 months or a level 5 fine or both
* Section 51 parking in a prohibited area - 3 months or level 4 fine or both
* Section 54 receiving or giving weapons training for terrorism - 10 years or a fine or both
* Section 56 directing terrorist organisation - life imprisonment
* Section 57 possession for terrorist purposes - 15 years or a fine or both
* Section 58 collection of information to aid terrorism - 15 years or a fine or both
* Section 58A eliciting, publishing or communicating information about members of armed forces - 10 years or a fine or both
* Section 87 preventing an examination of documents - two years or a fine or both
* Section 103 (crown official) possessing or communicating or collecting information useful for terrorism - 10 years or a fine or both
Incitement crimes
* Section 59 inciting terrorism overseas: England and Wales - same penalty as under the appropriate Act
** (a) murder,
** (b) an offence under section 18 of the
Offences against the Person Act 1861 (wounding with intent),
** (c) an offence under section 23 or 24 of that Act (poison),
** (d) an offence under section 28 or 29 of that Act (explosions), and
** (e) an offence under section 1(2) of the
Criminal Damage Act 1971
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally ...
(endangering life by damaging property).
* Section 60 inciting terrorism overseas: Northern Ireland - same penalty as under the appropriate Act
** (a) murder,
** (b) an offence under section 18 of the
Offences against the Person Act 1861 (wounding with intent),
** (c) an offence under section 23 or 24 of that Act (poison),
** (d) an offence under section 28 or 29 of that Act (explosions), and
** (e) an offence under Article 3(2) of the
Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property).
* Section 61 inciting terrorism overseas: Scotland - same penalty as under the appropriate Act
** (a) murder,
** (b) assault to severe injury, and
** (c) reckless conduct which causes actual injury.
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
Charles Rodway Clarke (born 21 September 1950) is a British Labour Party politician, who was the Member of Parliament (MP) for Norwich South from 1997 until 2010, and served as Home Secretary from December 2004 until May 2006.
Early life
T ...
, 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.
Reactions and analysis
In his comprehensive commentary on this Act and other anti-terrorism legislation, Professor Clive Walker of the University of Leeds comments:
The Terrorism Act 2000 represents a worthwhile attempt to fulfil the role of a modern code against terrorism, though it fails to meet the desired standards in all respects. There are aspects where rights are probably breached, and its mechanisms to ensure democratic accountability and constitutionalism are even more deficient, as discussed in the section on 'Scrutiny' earlier in this chapter. It is also a sobering thought, proffered by the Home Affairs Committee, that the result is that 'This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.' (Report on the Anti-terrorism, Crime and Security Bill 2001 (2001–02 HC 351) para.1). But at least that result initially flowed from a solemnly studied and carefully constructed legislative exercise.
The Terrorism Act 2000 is subject to annual review by th
Independent Reviewer of Terrorism Legislation The Independent Reviewer's reports are submitted to the Home Secretary, laid before Parliament and published in full.
Alleged abuses
The laws have been criticised for allowing excessive police powers leaving scope for abuse. There have been various cases in which the laws have been used in scenarios criticised for being unrelated to fighting terrorism. Critics allege there is systematic abuse of the act against protesters.
Many instances have been reported in the media of innocent people who have been stopped and searched under section 44 of the Act. According to
Home Office guidelines, police are required to have "reasonable suspicion" that a person is acting as a terrorist.
Critics of the Act claim that, in practice, police are using Section 44 emergency powers as "an additional tool in their day-to-day policing kit" to stop and search innocent citizens without reasonable grounds, going beyond the original intention of Parliament.
One of the issues arising from the Section 44 authorisations has been the use of the Act to detain lawful protestors or other people who are in the vicinity of demonstrations. Critics claim the Act gives police extended powers to deter or prevent peaceful protest.
Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalists, amateur and professional photographers,
trainspotters, politicians and children have been subject to stop and search under suspicion of being involved in terrorist activities while engaged in lawful acts such as photography. The taking of photographs in public spaces is permitted under the
Copyright, Designs and Patents Act 1988 (
freedom of panorama), and while the Terrorism Act does not prohibit such activity,
critics have alleged misuse of the powers of the Act to prevent lawful photography.
(Further restrictions on photography have, however, been introduced with the
Counter-Terrorism Act 2008)
Disquiet among the police and government about Section 44 increased; in an interview on
BBC Radio 4's programme
iPM, Peter Smyth, chairman of the Metropolitan Police Federation, remarked that the Act was not clear about police and that a lack of training for police officers had led to some officers being "overzealous" in implementing the Act.
Vernon Coaker, the
Minister of State stated on 20 April 2009 that, "counter-terrorism measures should only be used for counter-terrorism purposes".
In December 2009, the
Association of Chief Police Officers
The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) was a not-for-profit private limited company that for many years led the development of policing practices in England, Wales, and Northern Ireland. Established ...
(Acpo) issued a warning to police chiefs to stop using Section 44 powers to target photographers, whether tourists, amateurs or professionals, stating that the practice was "unacceptable". As of 2011, the Section 44 powers effectively no longer exist (
see above), and police must "reasonably" suspect an individual of involvement in terrorism before intervening.
Incidents
General
*In October 2005 Sally Cameron was held for four hours after being arrested under the act for walking on a cycle path in a controlled port area in
Dundee owned by
Forth Ports. While cyclists were free to pass through the port zone, she was arrested and detained because she was a pedestrian and under suspicion of being a terrorist.
*In July 2008 anti-terror police held a 12-year-old
autistic boy with
cerebral palsy and his parents whilst travelling on the
Eurotunnel Shuttle
Eurotunnel Le Shuttle (sometimes shortened to Le Shuttle or The Shuttle) is a railway shuttle service between Coquelles (near Calais) in Pas-de-Calais, France and Cheriton (near Folkestone) in Kent, United Kingdom. It conveys road vehicl ...
rail service under Section 7 of the Terrorism Act. The child's mother was taken to an interrogation room and questioned on suspicion of
child trafficking and released without charge.
Kent Police later apologised for the incident.
*In August 2013, while travelling home from a visit to Germany, carrying work in progress relating to
classified US government documents to
Glenn Greenwald
Glenn Edward Greenwald (born March 6, 1967) is an American journalist, author and lawyer. In 2014, he cofounded ''The Intercept'', of which he was an editor until he resigned in October 2020. Greenwald subsequently started publishing on Substac ...
in Brazil,
David Miranda, 28, was detained by the
Metropolitan Police Service at London's
Heathrow Airport under Schedule 7 of the Terrorism Act 2000.
Section 44
*In September 2003 two people, Kevin Gillan and Pennie Quinton, intending to protest against the Defence Systems Equipment International (DSEI) show in London's
Docklands, were stopped and searched under the Act. Quinton, who is a journalist, was ordered by police to stop filming the protest. The pressure group
Liberty took the case to
High Court where the Judge ruled in favour of the police.
Appeals to the Court of Appeal, and, in March 2006, to the House of Lords, failed. The case was then taken to the European Court of Human Rights, on the grounds of an alleged violation of Articles 5,8,10 and 11 of the European Convention on Human Rights. The court ruled that the stop-and-search powers of the police constituted a violation of the right to privacy.
*
Walter Wolfgang, an 82-year-old from London, was removed from the 2005
Labour Party conference for heckling
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
. Wolfgang had shouted that Straw's policy on Iraq was "nonsense." When Wolfgang tried to re-enter the conference, he was stopped by police under the Terrorism Act, but was not arrested. "The Terrorism Act was introduced by Tony Blair with the promise that it would be used only in the gravest of cases," James Ball complained in ''The Guardian'' in 2012, referencing Wolfgang's incident.
* Over 1000 anti-war protesters, were stopped and required to empty their pockets, on their way to
RAF Fairford
Royal Air Force Fairford or more simply RAF Fairford is a Royal Air Force (RAF) station in Gloucestershire, England which is currently a standby airfield and therefore not in everyday use. Its most prominent use in recent years has been as an ...
(used by American B-52 bombers during the Iraq conflict).
* During the 2005
G8 protests in
Auchterarder, Scotland, a
cricket
Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by str ...
er on his way to a match was stopped at King's Cross station in London under Section 44 powers and questioned over his possession of a
cricket bat.
* In October 2008 police stopped a 15-year-old schoolboy in south London who was taking photographs of
Wimbledon railway station
Wimbledon is a National Rail, London Underground, and Tramlink station located on Wimbledon Bridge, Wimbledon in London, and is the only station in London that provides an interchange between the London Underground and Tramlink. The station ser ...
for his school geography project. He was questioned under suspicion of being a terrorist. His parents raised concerns that his personal data could be held on a
police database for up to six years.
* In January 2009, Member of Parliament
Andrew Pelling
Andrew John Pelling (born 20 August 1959) is a British politician. First elected as a Conservative he was an independent Member of Parliament for Croydon Central and on 30 March 2010 announced his intention to contest the seat as an Independen ...
was questioned after photographing
roadworks near a railway station
*In April 2009 a man in
Enfield
Enfield may refer to:
Places Australia
* Enfield, New South Wales
* Enfield, South Australia
** Electoral district of Enfield, a state electoral district in South Australia, corresponding to the suburb
** Enfield High School (South Australia)
...
was questioned under Section 44 for photographing a police car that he considered was being driven inappropriately along a public footpath. The police claimed (incorrectly) that the act made it illegal to take photographs of police officers and vehicles.
* Trainspotters have frequently been subjected to stop and search. Between 2000 and 2009, police used powers under the Act to stop 62,584 people at railway stations.
* In November 2009,
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, under suspicion of preparing for a terrorist act. Overs lodged a formal complaint with the Metropolitan Police.
*In December 2009, renowned architectural photographer Grant Smith was searched by a group of
City of London branch caused a bank security guard to call the police.
* In June 2010
" and the Terrorism Act. A police misconduct hearing held in December 2011 found that the police had no legal power to prevent the teenager from taking pictures and that the police inspector involved in the incident had used abusive language in calling the boy "silly", "gay" and "stupid". The boy was awarded compensation and given an apology.
after taking photographs of his own four-year-old daughter eating an ice cream in the centre. He was held by
under the Terrorism Act and eventually released without charge.
was arrested after visiting Russia in October 2019. Paul Golding refused to provide PIN codes to his phone and laptop at
made amendments to the act.
– Postgraduate student arrested and detained for 6 days under Section 41 of the Terrorism Act
*
to the Terrorism Act 2000, from the Office of Public Sector Information.