Terrorism Update 2019

Nasir Hafezi

Solicitor

Robert Lizar Solicitors

 

This seminar will cover

 

Representing Terror Suspects – Challenges

Personal

Professional capacity

Firm – safety, reputation and conflicts

 

Case example

Imagine our client is arrested for S.2 Terrorism Act 2006 i.e. dissemination of terrorist material offence.

During the disclosure stage, you’re given a lever arch file full of material which the CTU disclosure officer says they have obtained from your client’s mobile phone download and hard drive. This disclosure file contains over 200 posts and websites that your client has allegedly posted, sent out and visited.

 

Questions

• What is terrorism? And is this a terrorism case?

• What are the differences and similarities between non-CTU investigations and CTU investigations?

• What is a s.2 Terrorism Act offence?

• What is terrorist material?

• What questions could you ask the CTU disclosure officer?

• What are the defences to a S.2 Terrorism Act offence?

• Should you advice your client to

answer questions?

• What topic areas could the CTU interview cover?

 

 

Defining Terrorism

S. 1 Terrorism Act 2000

5 types of terrorist acts and threats

4 terrorist targets

4 terrorist motivations (terrorist mindset)

YouTube - Community Legal Education

 

CTU and Non-CTU

Police Attendances

A. B. C.

Investigating the suspects political and religious views – terrorist mindset

Sch 2 Counter Terrorism Act 2008 – ‘terrorist connection’

Disclosure is substantial

Importance of differentiating

‘Terrorism’ (mindset and material) = unlawful

‘Extremism’ (mindset and material) = lawful

Know the terrorism offence – pros need to prove - possible defences

Asking questions to the CTU disclosure officer

 

CTU INTERVIEW

Terrorist Action/Threats and Terrorist target

Footage of the incident incl CCTV BWC

Witnesses re: the incident

Directed or covert surveillance prior to during and after the incident

Travel – plans, bookings, purchased items

Financial – bank payments, transfers and deposits

Ownership of electronic devices

Social media posts

How the social media was used

Advancing a terrorist purpose/ terrorist mindset and extremist mindset

Political views

Religious views

Racial views

Ideological views

Views in relation to particular events or incidents

Family, Friends and Association

 

 

The Privacy Offence – Sch.7 p.18

Sch.7 powers

Sch.7 p.18

Begal v DPP 2019

Sch 7 p.5A – statutory bar

 

The Thought Crime Offence – S.12 (1A)

S.12 (1) - inviting support

S.12 (2) - organises meetings

S12 (3) - addresses a meeting

S.12 (1a) - recklessly expresses support

…. for a proscribed organisation

The Allo Allo Offence – S.13 (1A)

S.13 (1) public place

S.13 (1A) publishes an image

‘’arouse reasonable suspicion

that he is a member or supporter of a proscribed organisation’’.

 

The Madusa Offence – S58(1)(c)

S.58(1)(a) to collect or make a record…

S.58 1 (b) to possess a document or record

S.58 (1)(c) who views or otherwise accesses by means of the internet a document or record …

Information of a kind likely to be useful to a person committing or preparing an act of terrorism.

R. v G [2009] UKHL 13; [2010] 1 A.C.

Reasonable excuse defences

 

The International Trespass Offence

S.58B. a person commits a ‘’Designated Area Offence’’ if the person

Enters or

Remains in a Designated Area

Defences

 

Other Changes

The JC Offence

The J.B Power

The Super Mistique

Naz Power