XPost: ie.politics, uk.politics.misc, alt.politics.british
XPost: uk.current-events.terrorism
From: banana@REMOVE_THIS.borve.demon.co.uk
In article , Howard9
writes
>In article <1X_Ze.29069$h02.11948@tornado.texas.rr.com>,
>frankfmatthews@houston.rr.com says...
>> Howard9 wrote:
>>
>> > In article ,
>> > banana@REMOVE_THIS.borve.demon.co.uk says...
>Basic English also appears to pass you by. The legislation is about
>glorification, not thoughts or dubious and politically motivated
>revisionist history heads.
From:
:
***BEGIN EXTRACT***
1 Encouragement of terrorism
(1) A person commits an offence if he -
(a) publishes a statement or causes another to publish a statement on
his behalf; and
(b) at the time he does so, knows or believes, or has reasonable grounds
for believing, that members of the public to whom the statement is or is
to be published are likely to understand it as a direct or
indirect encouragement or other inducement to the commission,
preparation or instigation of acts of terrorism or Convention offences.
(2) For the purposes of this section the question what it would be
reasonable to believe about how members of the public will understand a
statement must be determined having regard both -
(a) to the contents of the statement as a whole; and
(b) to the circumstances and manner in which it is or is to be
published.
(3) It is irrelevant for the purposes of subsection (1) -
(a) whether the statement is likely to be understood as an encouragement
or other inducement to the commission, preparation or instigation of
one or more particular acts of terrorism or Convention offences, of acts
of terrorism or Convention offences of a particular description or of
acts of terrorism or Convention offences generally; and
(b) whether any person is in fact encouraged or induced by the statement
to commit, prepare or instigate any such act or offence.
(4) In proceedings against a person for an offence under this section it
is a defence for him to show.
(a) that he published the statement in respect of which he is charged,
or caused it to be published, in the course of providing a
service electronically;
(b) that, in publishing it or causing it to be published, he acted on
behalf of another, or did no more than make available a facility giving
access to the statement;
(c) that the statement neither expressed his views nor had his
endorsement; and
(d) that it was clear, in all the circumstances, that it did not.
(5) A person guilty of an offence under this section shall be liable -
(a) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine
not exceeding the statutory maximum, or to both.
(6) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference
in subsection (5)(b) to 12 months is to be read as a reference to 6
months.
2 Glorification of terrorism etc.
(1) A person commits an offence if -
(a) he publishes a statement or causes another to publish a statement on
his behalf;
(b) the statement glorifies, exalts or celebrates the commission,
preparation or instigation (whether in the past, in the future or
generally) of acts of terrorism; and
(c) the circumstances and manner of the statement.s publication
(taken together with its contents) are such that it would be
reasonable for members of the public to whom it is published
to assume that the statement expresses the views of that person or
has his endorsement.
(2) It is irrelevant for the purposes of subsection (1) whether
what is glorified, exalted or celebrated is the commission,
preparation or instigation of one or more particular acts of terrorism,
of acts of terrorism of a particular description or of acts of terrorism
generally.
(3) A person is guilty of an offence under this section in respect of a
statement glorifying, exalting or celebrating anything occurring
more than 20 years before the publication of the statement only if
the statement relates, whether directly or indirectly, to conduct or
events specified for the purposes of this section by order made by the
Secretary of State.
(4) The power of the Secretary of State to make an order under
subsection (3) shall be exercisable by statutory instrument subject to
annulment in pursuance of a resolution of either House of Parliament.
(5) A person guilty of an offence under this section shall be liable.
(a) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine
not exceeding the statutory maximum, or to both.
(6) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference
in subsection (5)(b) to 12 months is to be read as a reference to 6
months.
17 Grounds of proscription
In section 3 of the Terrorism Act 2000 (proscription of
organisations), after subsection (5) insert -
"(5A) The cases in which an organisation promotes or encourages
terrorism for the purposes of subsection (5)(c) include any case in
which activities of the organisation-
(a) include the glorification, exaltation or celebration of the
commission, preparation or instigation (whether in the past, in
the future or generally) of acts of terrorism; or
(b) are carried out in a manner that ensures that the organisation is
associated with statements glorifying, exalting or celebrating
the commission, preparation or instigation of such acts.
(5B) The reference in subsection (5A) to statements is a
reference to communications of any description, including
communications without words consisting of sounds or images or both."
***END EXTRACT***
--
banana "The thing I hate about you, Rowntree, is the way you
give Coca-Cola to your scum, and your best teddy-bear to
Oxfam, and expect us to lick your frigid fingers for the
rest of your frigid life." (Mick Travis, 'If...', 1968)
--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
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