XPost: ie.politics, uk.politics.misc, alt.politics.british
XPost: uk.current-events.terrorism
From: stephen.glynn@ntlworld.com
Jay wrote:
> banana wrote:
>
>>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:
>>
>>>tbill.pdf>:
>>
>>
>>***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
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