Derecho antiterrorista
Prevención, investigación y enjuiciamiento del terrorismo, proscripción y TPIMs.
Introducción
El derecho antiterrorista proporciona poderes para prevenir, investigar y enjuiciar actos de terrorismo en el Reino Unido.
Principios fundamentales
Definition of Terrorism — Section 1 of the Terrorism Act 2000 defines terrorism broadly: the use or threat of action involving serious violence, serious property damage, endangering life, creating a serious risk to public health or safety, or designed to interfere with electronic systems, where the action is designed to influence the government or intimidate the public, and is made for a political, religious, racial, or ideological cause.
Proscription — The Home Secretary may proscribe organisations concerned in terrorism. It is a criminal offence to belong to, support, or display support for a proscribed organisation.
Schedule 7 Stops — Police and border officers may stop, question, and detain individuals at ports and borders for up to 6 hours to determine whether they appear to be involved in terrorism. No suspicion is required.
TPIMs — Terrorism Prevention and Investigation Measures are civil orders imposing restrictions on individuals suspected of terrorism-related activity, where prosecution is not possible. Restrictions may include relocation, curfews, and electronic monitoring.
Prevent Duty — Public bodies (schools, universities, NHS, prisons) have a statutory duty under the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism.
Encouragement of Terrorism — The Terrorism Act 2006 creates offences of encouragement, preparation, and training for terrorism.
Extended Detention — Terrorism suspects may be detained before charge for up to 14 days (reduced from 28 days) under Schedule 8 of the Terrorism Act 2000.
Asset Freezing — The Anti-Terrorism, Crime and Security Act 2001 and the Terrorist Asset-Freezing etc. Act 2010 provide powers to freeze suspected terrorist assets.
Leyes clave
Casos principales
Escenarios comunes
Stopped under Schedule 7 at the airport
A person may be stopped, questioned, and detained for up to 6 hours at a port or airport under Schedule 7 of the Terrorism Act 2000. The person is legally obliged to answer questions and may be searched. They have the right to consult a solicitor. Failure to cooperate is a criminal offence.
University student reported under Prevent
Universities have a duty under the Counter-Terrorism and Security Act 2015 to report concerns about radicalisation. A referral goes to the local Prevent panel (Channel). Participation in Channel is voluntary, and the student has the right to decline support.