United Kingdom

The Definition of Terrorism in Domestic Law

The 2000 Terrorism Act generally defines terrorism as the use or threat of one or more of the actions listed below:

• serious violence against a person
• serious damage to property
• endangering a person's life (other than that of the person committing the action)
• creating a serious risk to the health or safety of the public or a section of the public; and
• action designed to seriously interfere with or seriously to disrupt an electronic system.

The actual or threatened act or omission must be intended to influence the conduct of a government or to intimidate the public (or a section of the public).It is not necessary to prove this element of the offence where actual or threatened conduct involves firearms or explosives.

The actual or threatened conduct must be for the purpose of advancing a political, religious, racial, or ideological cause.S. 1, 2000 Terrorism Act.

Under the 2000 Act, the proscribed conduct may take place within or outside the United Kingdom.

Membership of a terrorist organisation

Membership of a terrorist organisation is criminalised by the 2000 Terrorism Act.Section 11 of the 2000 Terrorism Act.A person commits an offence if he belongs, or professes to belong, to a proscribed organisation. The maximum sentence upon conviction is a maximum term of 14 years' imprisonment.

Support to a terrorist organisation is also criminalised under the Act.S. 12 Terrorism Act 2000.A person commits an offence if he directly invites support for a terrorist organisation as well as if he expresses an opinion or belief that is supportive of a proscribed organisation and in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation. The maximum sentence upon conviction is a term of 14 years' imprisonment.

Adherence to Global and Regional Terrorism Treaties

The United Kingdom is a State Party to all of the major United Nations treaties on terrorism.

The United Kingdom is a State Party to only one of the major European treaties on terrorism.

Laws and Penalties for Terrorism Offences

There are four main pieces of terrorism legislation in force in the United Kingdom: the 2000 Terrorism Act 2000 (which contains the bulk of criminal offences), the 2001 Anti-Terrorism Crime and Security Act, the 2005 Prevention of Terrorism Act, and the 2006 Terrorism Act.

The preparation of terrorist acts is criminalised by the 2006 Terrorism Act.S. 5 Terrorism Act 2006.It is an offence for a person to engage in the preparation of acts of terrorism, or to assist others in doing. To convict a defendant, it must be proved that an individual had a specific intent to commit an act of terrorism. The maximum sentence upon conviction is life imprisonment.

Fundraising for terrorist activity is criminalised by the 2000 Terrorism Act. A person commits an offence if he provides money or other property, invites another party to provide money or other property or receives money or other property intending that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.S. 15 Terrorism Act 2000.

Encouragement of terrorism is criminalised by the 2006 Terrorism Act.S. 1 Terrorism Act 2006.It is an offence to make a statement that is intended to directly or indirectly encourage or induce people to commit, prepare or instigate acts of terrorism as well as make such a statement recklessly such that the statement is likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement, to some or all members of the public to whom it is published, to the commission, preparation or instigation of acts of terrorism. It is irrelevant for the purpose of conviction whether any person is in fact encouraged or induced by the statement to commit, prepare or instigate any such act or offence. The maximum sentence for the offence is 15 years' imprisonment.

Dissemination of terrorist information is also criminalised by the 2006 Act.S. 2 Terrorism Act 2006.A terrorist publication is one which could be useful to a person in the commission or preparation of acts of terror. The maximum sentence upon conviction is 15 years' imprisonment.

Possession of an "article" for terrorist purposes is criminalised by the 2000 Terrorism Act.S. 57 Terrorism Act 2000.A person commits an offence if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism.Prosecutions under this provision have included the possession of information or data. The maximum sentence upon conviction is a term of 15 years' imprisonment.

Collection of information for terrorism is also criminalised by the 2000 Act.S. 58, 2000 Terrorism Act.A person commits an offence if they collect or make a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or possess a document or record containing information of that kind, or view or access such information by means of the internet or a document. A “record” includes a photographic or electronic record. The maximum sentence is a term of 15 years' imprisonment.

R v. Rowe [2007] QB 975

In its judgment in this case, the High court clarified that the principal difference between possession of an article and collection of information for terrorism is the purpose of the activities. The former requires specific intent that the information be used for the purpose of terrorist acts, while the latter encompasses information that might generally be or is likely to be useful to terrorists.

Receiving weapons training is criminalised by the 2000 Terrorism Act.S. 54 Terrorism Act 2000.A person commits an offence if he provides or receives or invites another to receive instruction or training in the making or use of firearms, radioactive material, explosives and chemical, biological or nuclear weapons. It is a defence for a person charged with this offence under to prove that his action or involvement was wholly for a purpose other than assisting, preparing for or participating in terrorism. The maximum sentence upon conviction is life imprisonment.

Training for terrorism is criminalised by the 2006 Act.S. 6, 2006 Terrorism Act.A person commits an offence if he provides instruction or training in certain skills, such as the making, handling or use of a noxious substance, knowing that the person receiving it intends to use the skills for the commission or preparation of acts of terrorism or for assisting in the commission or preparation of such acts by others. The maximum sentence upon conviction is imprisonment for life.

Attendance at a place used for terrorist training is criminalised by the 2006 Act.S. 8, 2006 Terrorism Act.A person commits an offence if he or she attends any place where training is being provided wholly or partially for purposes connected with the commission or preparation of acts of terrorism, where they know that this is the case or they can reasonably be expected to have known this. The maximum sentence is 14 years' imprisonment.

A failure to provide information about terrorism is criminalised by the 2000 Act.S. 38B, 2000 Terrorism Act.It is offence for someone not to inform the authorities as soon as reasonably practicable if he has information which he knows or believes might be of material assistance in preventing the commission of an act of terrorism, or in securing the apprehension, prosecution, or conviction of another person for an offence involving the commission or preparation of an act of terrorism. It is a defence for a person charged with the offence to prove that he had a reasonable excuse for not making the disclosure. The maximum sentence is imprisonment for a term of 10 years.

R v. Brown (Terence Roy) [2011] EWCA Crim 2751

The case dealt with the question of whether the 2000 and 2006 Terrorism Acts were an unreasonable restriction on the fundamental right to free expression. Mr Brown accepted that his publication, The Anarchists Cookbook, which detailed bomb-making recipes as well as recipes for toxins, could be useful to terrorists but argued that his motivation for selling it was commercial rather than ideological, pointing out that the terms and conditions of his website restricted buyers to use only for lawful purposes. The court stated that

it is difficult to see how a criminal act of distribution or circulation of a terrorist publication with the specific intent, or in the frame of mind expressly required as an essential ingredient of this offence to encourage or assist acts of terrorism, can be saved by reference to the principle of freedom of speech, unless that principle is absolute, which, as we have indicated, it is not. 

Therefore, this was a legitimate restriction on the freedom of expression.

R v. Ali (Humza) [2018] EWCA Crim 547

Mr Ali denied that the Islamic State propaganda videos that he had sent on a chat group constituted a terrorist publication. He also denied having the necessary state of mind when sending them and argued that the judge had not protected his right to freedom of expression sufficiently. The Court of Appeal rejected the argument on the basis he had made the factual defence that he did not know about the full content in the original trial but this was rejected by the jury.

R v. Gul [2013] UKSC 64

The Supreme Court unanimously dismissed Mr Gul’s appeal according to which he argued that the notion of terrorism must be interpreted narrowly. The Court held that there is no basis in international law for a restrictive interpretation of the concept of terrorism, and it is clearly drafted in wide terms deliberately so that it can cover a broad variety of forms of terrorism also for future purposes.

Northern Ireland

Section 1 of the 2007 Justice and Security Act (Northern Ireland) enables the Director of Public Prosecutions for Northern Ireland to issue a certificate in relation to any trial on indictment of a defendant (and anyone tried with that defendant). The effect of the certificate is that the trial is conducted in the Crown Court without a jury. This raises the question of whether there is a conflict with the right to a fair trial under Article 6 of the European Convention on Human Rights. In 2020, eighteen defendants were found guilty of at least one terrorism-related offence under the 2007 Act without the presence of a jury. 

Another issue that arises at the intersection of counterterrorism law and human rights in Northern Ireland is the question of biometric data retention. In 2008, in its judgment in the case of S and Marper v. United Kingdom, the European Court of Human Rights ruled that the prolonged retention of biometric data by police forces in the United Kingdom was in breach of the right to privacy under Article 8 of the Convention. The Police Force of Northern Ireland (PSNI) is still in the process of complying with the standards of privacy set out by this decision, as the Service is reluctant to delete biometric data records that may help in investigating terrorism-related deaths that occurred during the Troubles. 

Counterterrorism Capacities and Policies at Domestic Level

In the United Kingdom there are eleven regional counter terrorism units (CTUs) and intelligence units (CTIUs). The Metropolitan Police in London is one of these forces with dedicated counterterrorism officers.

All police officers have the power to stop and search any person they "reasonably suspect" of being a terrorist, in order to determine whether that person has in their possession any item that could ‘constitute evidence’ that they are a terrorist. Reasonable suspicion cannot be based on "generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in terrorist activity".

There is also an "exceptional" counterterror stop and search power, which enables a senior police officer to authorise stop and searches within a specific area for a limited time, up to a maximum period of 14 days, without the need for ‘reasonable suspicion’. The Home Secretary must be notified of any Section 47A authorisation as soon as possible, and their permission must be sought if the authorisation is to last beyond 48 hours. When it is in place, a police officer can stop and search any person or vehicle within the specified area, without reasonable grounds for suspicion. However, before giving a Section 47A authorisation, the senior officer giving that authorisation "must reasonably suspect that an act of terrorism will take place and considers that the powers are necessary to prevent such an act".