Following the horrific events on the London bound train at Huntingdon on Saturday evening, many people were very critical of the decision not to describe the incident as a ‘terrorist incident’.
While the motivation of many of those social media commentators is highly questionable, many ordinary people will be wondering why something like this, and the incidents in Southport and Liverpool were not designated as a ‘terrorist incident’.
What is a ‘terrorist incident’.
There are essentially two ways in which an offence can satisfy the test. The first is perhaps the most obvious; there are a number of specific offences created by terrorism legislation. For example;
Membership or support of proscribed organisation,
Terrorist financing or fund raising, or being in possession of funds for the purpose of terrorism,
Providing or receiving weapons training,
Preparation for acts of terrorism or encouraging such acts,
Possession of or collection of useful information,
Eliciting sensitive information.
The second way is more subjective. An offence will be a terrorist offence if it within one of the following categories;
It involves serious violence against a person,
It involves serious damage to property,
It endangers a person’s life, other than that of the person committing the action,
It creates a serious risk to the health or safety of the public or a section of the public, or
It is designed seriously to interfere with or seriously to disrupt an electronic system.
And
The use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public
And
The use or threat is made for the purpose of advancing a political, religious racial or ideological cause.
Then the offence can be classified as a ‘terrorist offence’.
There is one further category of ‘terrorist offences’, which is where the offence involves the use of firearms or explosives. If that is the case, only the first and third criteria need to be met.
As can be seen, whilst the incident on the train at Huntingdon clearly met the first test, but there is no evidence to date that the second and third tests are met. Similarly, in Liverpool where a car was allegedly driven into a crowd of people, the first test is met, but on the face of it neither the second or third are satisfied.
Why does it matter?
Once an offence is designated as a terrorist offence, the procedure is slightly different; a person arrested for a terrorism-related offence can be detained for longer than the normal maximum period before being charged or released, up to 14 days. Only certain designated police stations can hold terrorist suspects. Once an individual is charged, they must be brought to Westminster Magistrates Court, and subsequent appearances will be at the Central Criminal Court (The Old Bailey) or Woolwich Crown Court. If they are convicted, then the sentencing regime is different and there are a wide range of ancillary orders that can be imposed.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
