Dreptul antiterorist
Prevenirea, investigarea și urmărirea terorismului, proscripția și TPIM-urile.
Introducere
Dreptul antiterorist oferă puteri pentru prevenirea și urmărirea actelor de terorism.
In Brief
Terrorism is broadly defined by s.1 Terrorism Act 2000 as the use or threat of serious violence, property damage, or disruption to influence a government or intimidate the public for a political, religious, racial, or ideological cause. Terrorism suspects can be detained without charge for up to 14 days (Terrorism Act 2000, Sch. 8). Proscribed organisations cannot be joined or supported. TPIMs impose civil restrictions on individuals who cannot be prosecuted. Public bodies have a statutory Prevent duty (CTSA 2015, s.26).
Principii fundamentale
Definition of Terrorism — Section 1 of the Terrorism Act 2000 defines terrorism broadly: the use or threat of action involving serious violence, serious property damage, endangering life, creating a serious risk to public health or safety, or designed to interfere with electronic systems, where the action is designed to influence the government or intimidate the public, and is made for a political, religious, racial, or ideological cause.
Proscription — The Home Secretary may proscribe organisations concerned in terrorism. It is a criminal offence to belong to, support, or display support for a proscribed organisation.
Schedule 7 Stops — Police and border officers may stop, question, and detain individuals at ports and borders for up to 6 hours to determine whether they appear to be involved in terrorism. No suspicion is required.
TPIMs — Terrorism Prevention and Investigation Measures are civil orders imposing restrictions on individuals suspected of terrorism-related activity, where prosecution is not possible. Restrictions may include relocation, curfews, and electronic monitoring.
Prevent Duty — Public bodies (schools, universities, NHS, prisons) have a statutory duty under the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism.
Encouragement of Terrorism — The Terrorism Act 2006 creates offences of encouragement, preparation, and training for terrorism.
Extended Detention — Terrorism suspects may be detained before charge for up to 14 days (reduced from 28 days) under Schedule 8 of the Terrorism Act 2000.
Asset Freezing — The Anti-Terrorism, Crime and Security Act 2001 and the Terrorist Asset-Freezing etc. Act 2010 provide powers to freeze suspected terrorist assets.
Statute cheie
Cazuri de referință
Scenarii comune
Stopped under Schedule 7 at the airport
A person may be stopped, questioned, and detained for up to 6 hours at a port or airport under Schedule 7 of the Terrorism Act 2000. The person is legally obliged to answer questions and may be searched. They have the right to consult a solicitor. Failure to cooperate is a criminal offence.
University student reported under Prevent
Universities have a duty under the Counter-Terrorism and Security Act 2015 to report concerns about radicalisation. A referral goes to the local Prevent panel (Channel). Participation in Channel is voluntary, and the student has the right to decline support.
Related Careers
Frequently Asked Questions
What is the legal definition of terrorism in the UK?
Section 1 of the Terrorism Act 2000 defines terrorism broadly as the use or threat of action designed to influence a government or intimidate the public, for a political, religious, racial, or ideological cause, involving serious violence, serious property damage, endangering life, creating a serious risk to public health or safety, or interfering with electronic systems. The definition has been criticised for its breadth.
How long can terrorism suspects be detained without charge?
Terrorism suspects can be detained without charge for up to 14 days under Schedule 8 of the Terrorism Act 2000, subject to judicial oversight. Detention beyond 48 hours requires a magistrates' court warrant. This is much longer than the 24–36 hours allowed for ordinary criminal suspects under PACE 1984. The maximum was reduced from 28 days after controversy about civil liberties.
What is a TPIM and how can it be challenged?
A Terrorism Prevention and Investigation Measure (TPIM) is a civil order imposed by the Home Secretary on individuals suspected of terrorism-related activity where prosecution is not possible. Restrictions can include relocation, curfews, reporting to a police station, and limitations on communication. TPIMs are reviewed by the High Court (which must approve them) and can be challenged by judicial review or by the individual appealing to the Administrative Court.
What is the Prevent duty and who does it apply to?
The Prevent duty (Counter-Terrorism and Security Act 2015, s.26) requires specified public authorities — schools, universities, colleges, NHS bodies, prisons, local authorities, and police — to have due regard to the need to prevent people from being drawn into terrorism. In practice, this means training staff to recognise radicalisation indicators, having referral processes, and referring concerns to the Channel programme.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help