Terrorism Act 2000

[2] The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts.

[9] This move to establish a sound definition of terrorism in the law made it possible to build an entirely new set of police and investigatory powers into incidents of this kind, beyond what they could do for ordinary violent offences.

For example, Al Muhajiroun, Islam4UK, Call to Submission, Islamic Path, London School of Sharia and Muslims Against Crusades were added in January 2010 and November 2011 as alternative names for Al Ghurabaa and The Saved Sect (also deemed to be the same organization) and in June 2014 Need4Khilafah, the Shariah Project and the Islamic Dawah Association were added to this list.

They are armed paramilitary groups proscribed because of involvement in the Troubles; Section 41 of the Act provided the police with the power to arrest and detain a person without charge for up to 48 hours if they were suspected of being a terrorist.

The most commonly encountered use of the Act was outlined in Section 44 which enables the police and the Home Secretary to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize "articles of a kind which could be used in connection with terrorism".

It held that the rights under Article 8 of two people stopped in 2003 outside the ExCeL convention centre in London, which at the time was hosting a military equipment exhibition, had been breached.

[23] This section creates the offence, liable to a prison term of up to fifteen years, to collect, possess, or access, "information of a kind likely to be useful to a person committing or preparing an act of terrorism".

[25] Bilal Zaheer Ahmad, 23, from Wolverhampton, is believed to be the first person convicted of collecting information likely to be of use to a terrorist, including the al-Qaeda publication Inspire.

[26][27] Part 7, comprising sections 65 to 113, contained particular provisions applying to Northern Ireland, that were to require parliamentary approval on an annual basis by means of a statutory instrument to continue in force.

From Terrorism Act 2000[28] Between July and December 2007, the BBC reported that more than 14,000 people and vehicles had been stopped and searched by British Transport Police in Scotland.

By October 2005 these figures had risen to 750 arrested with 22 convictions; the then current Home Secretary, Charles Clarke, said "the statistics illustrate the difficulty of getting evidence to bring prosecution".

[32] Noted arrests under Section 58 include Abu Bakr Mansha in December 2005, and the eight suspects involved in the 2004 financial buildings plot.

There are aspects where rights are probably breached, and its mechanisms to ensure democratic accountability and constitutionalism are even more deficient, as discussed in the section on 'Scrutiny' earlier in this chapter.

It is also a sobering thought, proffered by the Home Affairs Committee, that the result is that 'This country has more anti-terrorist legislation on its statute books than almost any other developed democracy.'

[38] Problematic use of Section 44 powers has not been restricted to political protestors; according to reports, journalists, amateur and professional photographers, trainspotters, politicians and children have been subject to stop and search under suspicion of being involved in terrorist activities while engaged in lawful acts such as photography.

[42] As of 2011, the Section 44 powers effectively no longer exist (see above), and police must "reasonably" suspect an individual of involvement in terrorism before intervening.

One day, I was told by a guard on the gate that I couldn't use the route any more because it was solely a cycle path and he said, if I was caught doing it again, I'd be arrested...The next thing I knew, the harbour master had driven up behind me with a megaphone, saying, 'You're trespassing, please turn back'.

Cyclists going past were also laughing...But then two police cars roared up beside me and cut me off, like a scene from Starsky and Hutch, and officers told me I was being arrested under the Terrorism Act.

Protesters demonstrating against police harassment of photographers under Section 44. Trafalgar Square, London, 23 January 2010