Member

422A: After Clause 207, insert the following new Clause— “Support for terrorism: intention(1) The Terrorism Act 2000 is amended as follows.(2) In section 12 (support) after subsection (4), insert—“(4A) A person is not guilty of an offence under this section unless the conduct alleged was done by that person with the intent of encouraging, inciting, facilitating or enabling another to commit an act of terrorism.” (3) In section 13 (uniform and publication of images), after subsection (1B), insert—“(1C) A person is not guilty of an offence under this section unless the conduct alleged was done by that person with the intent of encouraging, inciting, facilitating or enabling another to commit an act of terrorism.”(4) Subject to subsection (5) a person may not be arrested in respect of an offence alleged to have been committed under sections 12 and 13 of the Terrorism Act 2000, unless that arrest has been authorised by a police officer of the rank of superintendent or above.(5) When determining whether to authorise the arrest under subsection (4), that police officer must have regard to the provisions of sections 12(4A) and 13(1C) of that Act.(6) Subject to subsection (7), subsections (4) and (5) of this section shall not apply where an arrest has not been authorised by a police officer of the rank of superintendent or above, but a police officer, having regard to the urgency or gravity of the relevant circumstances, reasonably believes that it is necessary to arrest a person in respect of an offence alleged to have been committed under sections 12 and 13 of the Terrorism Act 2000.(7) When determining whether to make an arrest under subsection (6), that police officer must have regard to the provisions of sections 12(4A) and 13(1C) of that Act.”Member’s explanatory statement The amendments are designed to ensure that arrests under sections 12 and 13 of the Terrorism Act are in general confined to cases where a person is reasonably suspected of encouraging, inciting, facilitating or enabling another to commit an act of terrorism.