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Home Office

Answer

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department if he will make a statement on the number of prosecutions resulting from arrests under section 41 of the Terrorism Act 2000. [191541] Mr. Blunkett: Statistics on arrests, charges and prosecutions have recently been updated on the Home Office website. I think it would be useful to set out the full picture as follows. We are unable to provide figures for Section 41 in isolation. Police records show that from 11 September 2001 until 30 September 2004, 664 people were arrested under the Terrorism Act 2000. 118 of these were charged under the Act. Of these, 44 were also charged with offences under other legislation. 135 were charged under other legislation. This includes charges for terrorist offences that are already covered in general criminal law such as murder, grievous bodily harm and use of firearms or explosives. 17 Individuals have been convicted of offences under the Terrorism Act. The following table gives the outcome for those not covered previously: _________________________________________________________________________________________________. Outcome Number Transferred to immigration authorities 55 On bail to return 21 Cautioned 7 Dealt with under mental health legislation 7 Awaiting extradition 1 Returned to Prison Service custody 1 Released without charge 315 _________________________________________________________________________________________________. At the time these figures were collated four individuals were not yet dealt with by police. There can be a number of reasons for the difference between the number of those arrested under the Terrorism Act 2000 and the number of charges resulting from those arrests. For example, where an intelligence- led search of premises is made as part of an investigation, the police may find more than one person there. In these circumstances it is possible that a number of individuals could be arrested and subsequently released without charge because it is not clear at that stage which is the individual sought. This was envisaged when Parliament approved the legislation. Alternatively, if the search is for explosives for example, the police may well arrest all the individuals found on the premises and hold them for questioning to establish what connection they have with any materials found. Again, those subsequently found not to be involved would be released without charge. It will continue to be the case that some persons arrested under the Terrorism Act will not subsequently be charged under the Act but will be charged with offences such as murder, grievous bodily harm, use of firearms or explosives which are contained within other Acts. Home Office Research Development and Statistics publish a Command Paper and supplementary volumes of criminal statistics annually. A breakdown of prosecutions and convictions under the Terrorism Act 2000 for 2001 and 2002 are in the accompanying table. Figures for 2003 will not be available until later in the year. Number of defendants proceeded against at magistrates' courts and found guilty at all courts for offences under the Terrorism Act 2000, England and Wales 2001 and 20021 _________________________________________________________________________________________________. 2001 2002 Offence description Statute Proceeded against Found guilty Proceeded against Found guilty Relating to membership of Terrorism Act 2000, 3 -- 1 1 proscribed organisations Sec.11 Wearing any item of dress Terrorism Act 2000, -- -- -- -- in support of a proscribed Sec.13a organisation Wears, carries or displays Terrorism Act 2000, -- -- 1 1 any article in support of a Sec.13b proscribed organisation Contributions towards acts Terrorism Act 2000, 1 -- 8 1 of terrorism Secs.15-18 and 22 Failure to disclose Terrorism Act 2000, -- -- -- -- knowledge or suspicion of Sec.19 acts of terrorism Failure to leave a cordoned Terrorism Act 2000, -- -- 1 -- area immediately when Sec.36(1)(a) ordered to do so by a constable in uniform Failure to leave premises, Terrorism Act 2000 -- -- 1 -- which abut or are wholly or Sec.36(1)(b) partially within a cordoned area, immediately if ordered to do so by a constable in uniform Failure of driver or person Terrorism Act 2000 -- -- -- -- in charge of a vehicle Sec.36(c)(d)(e) which is in a cordoned area to immediately move the vehicle if ordered to do so by a constable in uniform Contravention or a Terrorism Act 2000 -- -- -- -- prohibition or restriction Sec.36(f) order made by a constable in uniform to a cordoned area Making any disclosure Terrorism Act 2000 -- -- -- -- likely to prejudice an Sec.39 investigation about acts of terrorism or failing to disclose information about acts of terrorism Failure to stop (Power to Terrorism Act 2000, 1 -- 1 -- stop and search vehicles Secs.43, 44 and and pedestrians) 47(1)(a)(b)(2) Wilful obstruction (Power Terrorism Act 2000, -- -- -- -- to stop and search vehicles Secs.43, 44 and and pedestrians) 47(1)(c) and (2) Failure to move vehicle Terrorism Act 2000, -- -- -- -- when ordered to do so by a Secs.48 and 51(2) constable in uniform, (vehicle had been permitted to remain at rest in contravention of any prohibition or restriction) Leaves a vehicle, or Terrorism Act 2000, -- -- -- -- permits a vehicle to remain Secs.48 and 51(1) at rest, on a road in contravention of a prohibition or restriction Provides instruction; Terrorism Act 2000, 1 -- 1 -- invites another to receive Sec.54 instruction in weapon training. Directing terrorist Terrorism Act 2000, -- -- 1 -- training Sec.56 Collect, record or Terrorism Act 2000 -- -- 3 1 possession of information Secs.57 and 58 or articles likely to be of use to Terrorists Failure to furnish Terrorism Act 2000, -- -- 1 -- information when required Sch.7(5)(a) and by examining officer (18) Failing to produce either a Terrorism Act 2000, -- -- -- -- valid passport or Sch.7(5)(b) and identifying document when (18) required by examining officer Failing to declare or Terrorism Act 2000, -- -- -- -- produce any relevant Sch.7(5)(c)(d) and documents when required by (18) examining officer Failing to submit to search Terrorism Act 2000, -- -- -- -- by examining officer or Sch.7(7)(8) and person acting on his/her (18) behalf Failing to complete and Terrorism Act 2000, -- -- 1 -- produce an embarkation card Sch.7(16) and (18) when required to by examining officer Wilfully obstructing a Terrorism Act 2000, -- -- -- -- constable in the execution Sch.5 Sec.36(1)(2) of his duty in a cordoned area Wilfully obstructing or Terrorism Act 2000, -- -- -- -- seeking to frustrate the Sch.5(1-3) object of a search in a cordoned area Total -- 6 -- 20 4 _________________________________________________________________________________________________. 1 These data are on the principal offence basis.

Secondary information

Type

Written question

Reference

191541; 426 c898-902W;426 c902-6W

Session

2003-04

Subjects

Arrests Convictions Prosecutions Terrorism

Legislation

Terrorism Act 2000

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk