Terrorism Update 2019
Nasir Hafezi
Solicitor
Robert Lizar Solicitors

Terrorism Law Update 2019 – Nasir Hafezi

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