New offences under the Terrorism Act 2006

Terrorism remains high on the political and media agenda. The legislative developments since 2000 have reflected this, and the Government’s much anticipated Terrorism Bill 2005 (which has very recently come into force as the Terrorism Act 2006) contains several further proposed measures which significantly change the law in this area still further.

The Bill underwent considerable amendment in Parliament and its passage through both Houses was accompanied by strongly contested divisions at several stages, and attracted intense media coverage.

In its final form the Act contains creates several new “Terrorist” offences, some of which are highly novel and have attracted considerable controversy. The measures contained within the Act give rise to fundamental civil liberties concerns, particularly as they affect minority ethnic and religious groups.

The Terrorism Act also significantly extends police powers in terrorist investigations, and these provisions are described in the Police Powers section.

Because of the controversy surrounding the Act, particularly over the Government’s proposal to create an offence of “glorifying terrorism” and the original provision for police detention of suspects prior to charge for 90 days, the key sections in the Act are here listed and explained separately.

• Encouragement of terrorism (section 1)
• Dissemination of terrorist publications (section 2)
• Preparation of terrorist acts (section 5)
• Training for terrorism (section 6)
• Attendance at a place used for terrorist training (section 8)
• Detention of terrorist suspects (section 23) and Search and seizure (sections 26 & 28)

It is important to note that under s17 of the Act, certain offences created by the Act can now be prosecuted even if they are committed outside the UK.