Section 43 of the Terrorism Act 2000

The continued abuse by Police Forces across the country of terrorism legislation particularly over the issue of photography and the use of the subclauses in the 2000 Terrorism Act in relation to photography has led to the Home Office once again publishing guidance.

It is unlikely the Police will bother to take much notice of these guidelines, relying on the General Public not understanding the law and believing the police subversion of legislation.

Section 43 is much abused, as the Police under this section can only stop and search someone they reasonably suspect to be a terrorist under this power. Someone can only be

stopped and searched if the police suspect they are a terrorist. Taking photographs in itself is however being used by the police as a reason to suspect someone is a terrorist.

The definition of a terrorist is clarified in section 40 of the Act.

The Home Office in their circular dated 18th August 2009 highlight:

Important: Section 43 does not prohibit the taking of photographs, film or digital images in a public place and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by section 43.

Under the same section, the Police are not permitted to delete images or destroy film.

Section 44 of the Act, which permits an ‘authorisation of searches’ to be placed on an area. This effectively means a specified area is deemed to be under threat of terrorist activity and this authorisation must be invoked by an assistant police constable or equivalent rank in other police forces or more senior officer.

(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

Section 44 is being misapplied, particularly in relation to demonstrations and marches. Although even individuals taking photographs in a High Street have been subject to stop and search.

Again the Home Office have provided highlighted guidance on Section 44:

Section 44 does not prohibit the taking of photographs, film or digital images in an authorised area and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by section 44.

adding

If a police officer already reasonably suspects the person to be a terrorist they should use section 43.

Section 58A is also identified by the Home Office as another section being abused.

Section 58 Collection of information

(1) A person commits an offence if—

(a) he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or

(b) he possesses a document or record containing information of that kind.

(2) In this section “record” includes a photographic or electronic record.

(3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.

Once again the Home Office produce highlighted guidelines:

Important: Legitimate journalistic activity (such as covering a demonstration for a newspaper) is likely to constitute such an excuse. Similarly an innocent tourist or other sight-seer taking a photograph of a police officer is likely to have a reasonable excuse.

I have doubts that the Police will take a blind bit of notice and any infractions should be continually highlighted, referred to the IPCC and exposed as widely as possible.

Section 76 of the Counter Terrorism Act 2008 is another weapon of abuse by the Police. The guidelines on Section 76 are much the same as the 2000 Terrorism Act.

The 2008 Act is discussed at the tail end of this article