Commentary Definitions
16.The Act relies on a number of definitions that appear in the TACT. The definition of terrorism appears in section 1 of the TACT. The definition covers the use or threat of action that meets the three elements set out in section 1(1). The first of the elements is that the action must fall into section 1(2). An action falls in section 1(2) if it involves serious violence against a person or serious damage to property; it endangers a person’s life (but this does not include the life of the person committing the action); it creates a serious risk to the health and safety of the public or a section of the public; or it is designed to seriously interfere with or seriously to disrupt an electronic system. The second element is that the use or threat is either designed to influence the government or is designed to intimidate the public or a section of the public. Section 34 of the Act amends this element to include cases where the use or threat is designed to influence an international governmental organisation. The second element does not have to be satisfied if the use or threat falling into subsection (2) involves the use of firearms or explosives (section 1(3)). Explosives and firearms are defined in section 121 of the TACT. The third element is that the threat is made for the purpose of advancing a political, religious or ideological cause.
17.Section 1(4) of the TACT makes it clear that the definition of terrorism is not limited to things taking place in the UK or related to things in the UK. Action is defined in section 1(4)(a) as including actions outside the UK. Section 1(4)(b) provides that a reference in the definition to a person or property means a person or property wherever he or it is situated. Section 1(4)(c) makes it clear that the public can be the public of a country other than the UK. Section 1(4)(d) provides that the reference to government is not limited to the central government of the UK but can also mean a government of part of the UK (such as of Scotland) and a foreign government.
18.Property is defined in section 121 of the TACT as including property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property.
19.The Act also makes use of the term acts (or act) of terrorism. Act and action are both defined in section 121 of the TACT as including an omission. Section 1(5) makes it clear that, as well as including an act that falls under the definition in section 1, an act is also for the purposes of terrorism if it is taken for the benefit of a proscribed organisation. Section 20(2) of the Act makes it clear that acts (or act) of terrorism as used in the Act includes an act taken for the purposes of terrorism and so includes an act taken for the benefit of a proscribed organisation.