The Definition of Terrorism CM 7052 - Official Documents

probable imminent repeal). It is suggested that there be a schedule of offences that
could be categorised as potentially terrorist, and that special powers be applied to
those offences. This, it is said, would avoid the pitfalls of a definition as such of
terrorism.
43. The main problem with the schedule approach is illustrated by the Northern
Ireland provisions. Such a wide range of offences is included in the material
Schedule 9 that it proves less restrictive than even the current definition of
terrorism. Given the many manifestations of terrorist activity, it is difficult to see
how a schedule much narrower than that would be appropriate. For example, the
financing of terrorist cells can occur through large numbers of small but fraudulent
credit card transactions. Or the arming of terrorists may include the theft or
obtaining by deception of laboratory or agricultural material of use in explosions.
The ordinary range of sentence for such offences may be relatively low, whereas if
the purpose is for terrorism the level of criminality may be high. In the new
Northern Ireland Bill 19 the proposed public order provisions designed to replace the
Diplock Courts system of judge only courts abandons the use of a schedule. It is
plainly a matter of opinion, but I do not agree that the schedule approach would
create greater legal certainty than a definition fit for purpose.
44. It follows too that I reject the first part of proposition 2.However,during the course
of my inquiry I received many powerful representations that the provision of
special sentencing powers for apparently ordinary offences connected with
terrorism would be a useful addition to the criminal law.I agree,and so recommend.
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Justice and Security (Northern Ireland) Bill 2006-7; to be found via www.parliament.uk
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