Commentary on Sections Part 2: Terrorist Acts and Threats: Jurisdiction Section 52: Jurisdiction for terrorist offences
110.The main UK legislation on counter-terrorism is the Terrorism Act 2000 (the “Terrorism Act”). The Terrorism Act defines terrorism as being both a serious criminal act, and one that is designed to influence the government or to intimidate the public and made for the purpose of advancing a political, religious or ideological cause. Under UK law, in general, there are no “terrorist” offences (apart from a few specific offences such as directing terrorism, weapons training, terrorist funding and inciting terrorism). Suspected terrorists are prosecuted under criminal legislation such as murder, conspiracy to cause explosions, for example. Criminal offences falling within the definition of terrorism contained within the Terrorism Act can be investigated by the police using the powers within the Terrorism Act. The UK’s extensive anti-terrorism legislation already broadly meets the requirements of the 2002 Framework Decision, with the exception of the provisions on extra-territorial jurisdiction.
111.Article 9 of the 2002 Framework Decision requires participating countries to take extra-territorial jurisdiction for specified offences where these are committed for a terrorist purpose. Existing UK legislation does not provide for this because the primary basis of criminal jurisdiction in the differing parts of the UK is territorial, which has the effect that, unless a criminal statute expressly provides for extra-territorial jurisdiction, jurisdiction is only in respect of offences which take place in that part of the UK. There is already provision for extra-territorial jurisdiction in the Terrorism Act for terrorist financing and terrorist bombing offences. These provisions allowed the UK to ratify the UN Convention for the Suppression of Terrorist bombings and the UN Convention for the Suppression of the Financing of Terrorism (see sections 62 and 63 respectively). The provisions enable the UK to meet its obligations under the “extradite or prosecute” provisions of these Conventions.
112.The purpose of Article 9 of the 2002 Framework Decision is to ensure that Member States take responsibility for terrorist activities by their own nationals and residents, no matter where those acts occur, and also to ensure that those who attack UK nationals, residents, UK diplomatic staff and EU institutions can be prosecuted effectively. The first section inserts extra sections 63 A to E after section 63 of the Terrorism Act.