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The Definition of Terrorism CM 7052 - Official Documents

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ASSESSMENT<br />

35. Given the risk level posed by violent jihadists as with formerly active Irish<br />

paramilitary groups such as the IRA and other terrorist groupings such as the Red<br />

Brigades 17 ) there is the primary justification for dealing with them in a special way.<br />

36. <strong>The</strong> provisions <strong>of</strong> the <strong>Terrorism</strong> Act 2000 include prophylactic and pre-emptive<br />

measures against terrorists.<strong>The</strong>se include:<br />

Table 4: Important <strong>Terrorism</strong> Act 2000 powers<br />

Part II – Proscription<br />

Part III – Terrorist property<br />

Part IV – Terrorist investigations<br />

Part V – Counter-terrorist powers<br />

Proscription <strong>of</strong> terrorist organisations; and<br />

<strong>of</strong>fences <strong>of</strong> membership<br />

Offences <strong>of</strong> raising funds for terrorist<br />

organisations; duty to disclose information<br />

and co-operate with police; seizure and<br />

forfeiture <strong>of</strong> terrorist money<br />

Special powers to cordon areas; and to<br />

facilitate investigations<br />

Stop and search <strong>of</strong> persons and premises;<br />

arrest without warrant; parking restrictions;<br />

port and border controls (section 53)<br />

37. Some <strong>of</strong> the powers referred to in table 4 are the subject <strong>of</strong> specific controversy. Of<br />

especial note is section 44, which enables police to stop and search for terrorism<br />

material in designated areas and subject to Home <strong>of</strong>fice confirmation.<strong>The</strong>re is broad<br />

agreement now, as I have suggested elsewhere and repeatedly, that the section is<br />

overused 18 ; and I believe this view to be generally shared by senior police <strong>of</strong>ficers<br />

with especial experience <strong>of</strong> terrorism work.<br />

17<br />

An Italian based Marxist revolutionary group active especially in the 1970s.<strong>The</strong>y were responsible for over 10,000 acts <strong>of</strong><br />

violence, including the murder <strong>of</strong> serving Italian Prime Minister Aldo Moro in 1978.<br />

18<br />

See various <strong>of</strong> my reports on the operation <strong>of</strong> the <strong>Terrorism</strong> Act 2000, via the Home Office website www.home<strong>of</strong>fice.gov.uk<br />

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