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  • New Anti Terror Bill Published

  • 15 Sep 2005
  • The Government today published details of its new anti-terror Bill. Amidst the details are a range of frighteningly broad powers.

    Responding to this Shami Chakrabarti, Director of Liberty said:

    “There may be some measures in this Bill worthy of constructive scrutiny, but as currently drafted, it would reintroduce internment and make loose talk a serious criminal offence. Both measures are as dangerous to our freedoms as to our safety”.

    On the powers that would allow for suspects to be detained for three months before being charged, effectively the reintroduction of internment Shami Chakrabarti said:

    “Think of young black and asian men returning to their communities having served the equivalent of a six month sentence without ever being charged”.

    On the new offence of 'glorifying' terrorism and its dangers for free speech Shami Chakrabarti said:

    “You can be found guilty of encouraging terrorism even when you had no such intention. Glorification is so broad that the Home Secretary will take powers to determine which historical figures were terrorists and which freedom fighters.”

    Liberty believes that the concerns of the police and security services about the need to ensure adequate investigation time need to be taken seriously. However we believe that there are more proportionate methods of ensuring adequate time and facilities for evidence-gathering. 3 months detention would be the equivalent of serving a 6 months custodial sentence without ever having been charged with a criminal offence. It is 30 times the maximum pre-charge detention period for every ordinary criminal offence including murder, rape and organised crime.

    Liberty Press Office on 020 7378 3656 or 07973 831 128

    NOTES TO EDITORS

    The main points of the new Bill will be:

    Clause 19 extends the maximum period of detention prior to charge from 14 days to 3 months.

    There will be a new offence of indirectly inciting terrorism with a very broad definition.

    There will be a new power created to ensure that those who glorify terrorist acts may be prosecuted.

    There will be a proposal to change the grounds for proscription, so it will become possible to proscribe organisations which glorify terrorism.

    The Bill will make it an offence to tackle dissemination of radical written material by extremist bookshops. The offence will be one of publishing and possessing for sale of publications that indirect incite terrorist acts or are likely to be useful to a person committing or preparing an act of terrorism.

    The Bill will make attendance at terrorist training camps an offence.

    The Bill would amend section 128 of Serious Organised Crime and Police Act 2005 (SOCAP) to extend the offence of criminal trespass to cover licensed civil nuclear sites.

    The Bill would extend disclosure notice powers conferred on prosecutors under Chapter 1 of Part 2 of SOCAP to investigations into the commission, preparation or instigation of acts of terrorism. Intention is to ensure that if people hold information that is relevant to a terrorist investigation there is every incentive for them to divulge it.

    The power for the Security Service to carry out certain activities overseas has been dropped.

    The Home Secretary has said he will be working with the CPS and intelligence agencies to see whether a change would be possible which would allow for more sensitive evidence – perhaps including intercept evidence - to be used while safeguarding sources and methods and the rights of the defendants. It is hoped to complete this by the end of the year.