Terrorism Acts (2000-present)
Encyclopedia
From 2000 to the present, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focussed on terrorism related to Northern Ireland
. The timings were influenced by the September 11, 2001 attacks
and 7 July London bombings, as well as the politics of the Global War on Terrorism
, according to the politicians who announce them as their response to a terrorism act.
Between them, they provided a definition of terrorism
that made it possible to establish a new and distinct set of police powers and procedures, beyond those related to ordinary crime, which could be applied in terrorist cases.
(text)
The Anti-terrorism, Crime and Security Act 2001
(text)
The Criminal Justice Act 2003
The Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003
The Prevention of Terrorism Act 2005
(text)
The Terrorism Act 2006
(text)
The Terrorism (United Nations Measures) Order 2006 (text)
The Counter-Terrorism Act 2008 (text)
The Coroners and Justice Act 2009
The Terrorism (United Nations Measures) Order 2009 (text)
The Terrorist Asset-Freezing (Temporary Provisions) Act 2010
(text)
published a Freedom Bill designed to repeal many of these laws (as well as others such as the Identity Cards Act 2006) aimed at reversing the "cumulative loss" of civil liberties in Britain.
In his comprehensive commentary on the 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."
Prevention of Terrorism Act (Northern Ireland)
The Prevention of Terrorism Acts were a series of Acts of the Parliament of the United Kingdom from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism....
. The timings were influenced by the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
and 7 July London bombings, as well as the politics of the Global War on Terrorism
War on Terrorism
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
, according to the politicians who announce them as their response to a terrorism act.
Between them, they provided a definition of terrorism
Definition of terrorism
There is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Various legal systems and government agencies use different definitions of "terrorism". Moreover, the international community has been slow to formulate a universally agreed...
that made it possible to establish a new and distinct set of police powers and procedures, beyond those related to ordinary crime, which could be applied in terrorist cases.
List of legislation
The Terrorism Act 2000Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
(text)
- gave a broad definition of terrorism for the first time
- provided for an extended list of proscribed terrorist organizations beyond those associated with Northern Ireland.
- allowed police to detain terrorist suspects for questioning for up to 7 days.
The Anti-terrorism, Crime and Security Act 2001
Anti-terrorism, Crime and Security Act 2001
The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
(text)
- passed in the aftermath of the September 11, 2001 attacksSeptember 11, 2001 attacksThe September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
- contained measures that had been rejected from the 2000 Act.
- allowed Ministry of Defence Police to operate outside of military bases even for non-terrorist cases.
- Part 4 enabled foreigners to be detained as terrorist suspects indefinitely.
- required annual renewal of some provisions in recognition of the political climate
The Criminal Justice Act 2003
Criminal Justice Act 2003
The Criminal Justice Act 2003 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 and Northern Ireland....
- doubled the period of detention of a terrorist suspect for questioning to 14 days.
- justified by the claim that forensic analysis of chemical weapons materials might not be complete in 7 days.
The Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003
- renewed Part 4 of the 2001 Act.
- voted on specifically by Parliament due to its controversial nature.
The Prevention of Terrorism Act 2005
Prevention of Terrorism Act 2005
The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
(text)
- established the "control orderControl orderA control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005...
" which is a form of house arrest - was subject to extended Parliamentary dispute which lasted for over 50 hours
- passed just in time to be applied to the Part 4 terrorist suspects
The Terrorism Act 2006
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. The Act was drafted in the aftermath of the 7 July 2005...
(text)
- drafted in the aftermath of the 7 July 2005 London bombings7 July 2005 London bombingsThe 7 July 2005 London bombings were a series of co-ordinated suicide attacks in the United Kingdom, targeting civilians using London's public transport system during the morning rush hour....
- defines the offence of "glorifying" terrorism
- revises the period of detention of terrorist suspect without charge up to 28 days
- the government had asked for this to be 90 days, but was defeated in a vote
- justified by the claim that necessary evidence to decide charges might be encrypted on one of thousands of hard disks, and it could take this long to search them.
The Terrorism (United Nations Measures) Order 2006 (text)
- gives effect to Resolution 1373United Nations Security Council Resolution 1373United Nations Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism measure passed following the September 11 terrorist attacks on the United States...
of the United Nations Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
(2001) - allows the Treasury to freeze the assets of suspected terrorists
- replaces the Terrorism (United Nations Measures) Order 2001
- was ruled ultra viresUltra viresUltra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
and void by the Supreme Court of the United KingdomSupreme Court of the United KingdomThe Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
in 2010
The Counter-Terrorism Act 2008 (text)
- allows police questioning of suspects after they have been charged
- requires convicted terrorist to notify the police of their whereabouts (similar to existing requirements for sex offenders)
- extends extra-territorial jurisdiction of courts over terrorism offences overseas
- defeat of government attempt to extend period of detention without charge to 42 days
- interpreted as banning all photographs of the police in public places
The Coroners and Justice Act 2009
Coroners and Justice Act 2009
-External links:*, as amended from the National Archives.*, as originally enacted from the National Archives.* to the Coroners and Justice Act 2009....
- extends sentencing provisions in Criminal Justice Act 2003 to terrorism offences
The Terrorism (United Nations Measures) Order 2009 (text)
- gives effect to Resolution 1373 of the United Nations Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
(2001) - allows the Treasury to freeze the assets of suspected terrorists
- replaces the Terrorism (United Nations Measures) Order 2006
- criticised by the Supreme Court in 2010
The Terrorist Asset-Freezing (Temporary Provisions) Act 2010
Terrorist Asset-Freezing (Temporary Provisions) Act 2010
The Terrorist Asset-Freezing Act 2010 is an Act of the United Kingdom Parliament to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity; and for connected purposes...
(text)
- passed in response to the Supreme Court'sSupreme Court of the United KingdomThe Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
ruling that the Terrorism (United Nations Measures) Order 2006 was void - retrospectively legitimises the 2006 Order to give Parliament time to enact new legislation
- expires on 31 December 2010
Response
In February 2009, the Liberal DemocratsLiberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
published a Freedom Bill designed to repeal many of these laws (as well as others such as the Identity Cards Act 2006) aimed at reversing the "cumulative loss" of civil liberties in Britain.
In his comprehensive commentary on the 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."