Sean O'Neill
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This is a very significant judgment that effectively redefines two sections of the Terrorism Act 2000 that have until now been used increasingly by the police and prosecutors .
The judges, led by the Lord Chief Justice, said that the police had been casting their net far too wide in deciding what amounted to terrorist material. The effect of their judgment is that it is no longer illegal for someone to have in their possession al-Qaeda propaganda.
Sections 57 and 58 relate to possessing items of potential use to terrorists. The authorities have been using these clauses to justify arresting people who they think are being radicalised and who might be persuaded to travel overseas to fight jihad or attend terror training camps. The legislation has been seen as a way to nip terrorist activities in the bud.
The Appeal Court has now said that it is not sufficient to show that someone is simply reading or possessing extremist literature. The test in future will be whether the suspect has a clear intent to engage in terrorism.
What this ruling says is that the possession of Islamist propaganda in the form of books, videos and websites is no longer an offence, unless it can be demonstrated unequivocally that there is an intention to commit a terrorist act.
The Crown has asked for seven days to consider an appeal to the House of Lords. It regards this ruling as a serious blow to the architecture of terrorist legislation in the UK — a body of law which the authorities believe has been highly effective in thwarting terrorist attacks and curtailing the radicalisation and recruitment process.
To human rights lawyers, this is a victory for freedom of thought and a reminder to the State that the law has to be quite strictly interpreted: it cannot be used as a means of criminalising people for having radical thoughts or exploring extreme ideologies.
The ruling could have implications for about half a dozen cases currently going through the courts. It will almost certainly lead to an appeal in the case of Samina Malik, the so-called Lyrical Terrorist.
And it will force police to rethink how they proceed in future investigations, particularly where they are trying to clamp down on radicalisation.
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Good news for Samina Malik though. First of all the appeal. Then the quashing of the sentence. Then the exclusive tabloid serialisation. Then the musical, Sammy get your Gun.
Theo Nelson, South Hams,
Well done the British legal system. Terrorists must be defeated, but the rights of the individual are also paramount. If I read or possess literature from the KKK, does that make me right wing or a sympathiser? I think not. My actions must demonstrate my true intentions.
Hamad Lone, London, England
This is a huge blow to law enforcement. The judges do not live in the real world. Terrorists do not always say what they intend to do with seditious material that they download. The Police have to be right every time, the terrorists only once.
Faqi, London, UK
They should be out of the country now and if not, why not? They do not qualify to be on British soil at all.
m wilson, bidache, france
Thanks God! At last it seems like British Justice System is awaking up and catching up for the freedom of speech, thought and expression. UK is slowly becoming like any Banana Republics of Africa for the freedoms which have been achieved within the last century and are in seriously question abel position. This country will never go down if justice system is awake and working.
Javed Javed, Cardiff, UK
This once great nation is committing suicide. God help us.
Martin, London, UK
To Peter of Twickenham
If it isn't possible already, it will be soon. Think of what can be done in computer animation in Toy Story, Shrek, Harry Potter, Lord of the Ring...
Steve, Paris,
Oh, come on folks, these young British men were obviously doing some preparatory research before emailing a robust, typically British protest to the producers of this anti-British terrorist propaganda. Who knows, but these same young British men were probably restrained, under protest, by their parents from joining our British army in support of our young men and women putting their lives on the line on their behalf.
Theo Nelson, South Hams,
Why should law be interpreted by people who seemingly have no connection with reality.
It begars belief that this situation is happening, and one wonders how anti terrorism will function if in fact it becomes impossible to convict .
Dhia, Manchester, England
What about guns and explosives? Just because you have a box of Semtex buried in your garden doesn't mean you are going to use it. You could have acquired it legally, in Syria or Iran or the Gaza Strip.
Christopher Holland, Canberra, Australia
This is a reply to Mr Steve of Paris. Before drawing a comparison please think about the issue you wish to raise. Ask yourself whether it is possible to produce the pictures without making children posing in front of the camera?
Peter of Twickenham
Peter Mok, Twickenham, UK
Imagine if someone was caught with racist literature and propaganda. would the 'human rights' lawyers be so supportive of them?
CG, Liverpool, UK
What about pedophilia? Say photoshop produced pictures so that no crime was committed in producing them? Or produced in a hypothetical country where they are legal. Will the possession of such artifacts become legal as well?
That must also be part of the freedom of thought, mustn't it?
Steve, Paris,