PROSCRIPTION: RISKS, IMPLICATIONS AND CONSIDERATIONS FOR ACTIONISTS

CAVEAT & WARNING

This briefing has been prepared as quickly as practicable in order to inform actionists about potential risks arising from the proscription of Palestine Action. The intention of this document is to provide initial information which hopefully addresses the major concerns and covers the most significant implications. It should however not be considered to be comprehensive given the significant complexity surrounding counter-terrorism regimes, regulations and legislation. We hope to commission a more substantial briefing from expert lawyers which will be available in due course.

The following offenses carry some significant maximum sentences. Within the context of a mass participation civic disobedience type of protest it is arguably unlikely that the prosecution would seek a sentence anywhere near the maximum.

For example, Mo Charra of Kneecap has recently been charged with a proscription related offense and has attended a plea hearing that confirmed that the case will remain in magistrates court thereby limiting the maximum potential sentence to 6 months imprisonment (and expected to be significantly lower.

However, it should be anticipated that the authorities will be anxious to strongly discourage public expressions of support for Palestine Action and may therefore seek to secure exemplary sentences against some arrestees. Individuals with the strongest public associations with Palestine Action are likely to be at the greatest risk. Even then, in theory at least, the sentence applied on conviction should be informed by the level of harm and culpability associated with the offense, adjusted to account for any relevant aggravating or mitigating factors. So theoretically even an exemplary sentence intended to act as a deterrent would be limited by the application of sentencing council guidelines to the particulars of the case.

BACKGROUND

On Friday 20th June 2025 the Home Secretary (Yvette Cooper MP) announced her intention to proscribe Palestine Action following a successful action at RAF Brize Norton disabling Voyager KC Mk1/2 aircraft. These aircraft are used to transport military personnel to RAF Akrotiri in Cyprus, a base used by RAF Shadow R1 aircraft to conduct reconnaissance flights over Gaza in aid of the Israeli Government ongoing genocide.

When proscription comes into effect then actionists will be faced with additional risks and considerations which must be effectively accounted for during planning and execution of actions. However existing risks and considerations will also remain present and arguably become enhanced given the increased ‘seriousness’ which proscribed status affords.

BACKGROUND

Before going on to set out the additional legal risks arising from a proscription order specifically, it is important to note that proscription is not applicable retrospectively. I.e. you can not be held liable for a proscription-related offence for actions etc which took place before the date and time at which proscription came into effect. So no charges will be forthcoming under sections 11, 12 or 13 of the Terrorism Act in relation to things that you have already done in relation to Palestine Action.

However the same is not necessarily true for existing powers and regimes which are not a direct consequence of proscription. E.g the type of counter-terrorism regime which has been used against the Filton 18 or other charges for actions which the authorities consider to have a ‘terrorism connection’.

For people who have already been arrested for actions and are within the pre-trial phase of a legal process, it is theoretically possible for additional charges to be authorised up to and including the point at which the trial begins. However we would suggest that the likelihood of this happening is relatively low if you have already been charged and this has not already happened.

If new charges are brought then you have a right to consider your plea and prepare your defence, so if this were to happen close to the date of a scheduled trial there would be a strong case to adjourn so you may prepare, otherwise any subsequent convictions could be considered to be ‘unsafe’ and therefore subject to appeal.

PROSCRIPTION RELATED OFFENCES

If proscription happens, the following offences arise from the status:

  • s.11 Terrorism Act 2000
    • A person commits an offence if he belongs or professes to belong to a proscribed organisation.
    • It is a defence against this charge if:
      • the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
      • You have not taken part in the activities of the organisation at any time while it was proscribed.
    • Max Sentence
      • Summary conviction = 6 months imprisonment / fine
      • Conviction on indictment = 14 years imprisonment / fine
  • s.12 Terrorism Act 2000
    • A person commits an offence if:
      • They invite support for a proscribed organisation (not limited to money or property), or
      • They express an opinion or belief that is supportive of a proscribed organisation
        • Which includes being reckless as to whether the person to whom the expression is directed will be encouraged to support a proscribed organisation, even if that was not your actual intent
      • They arrange or manage (or assist the arrangement or management) of a meeting which they know is:
        • to support a proscribed organisation,
        • to further the activities of a proscribed organisation
        • To be addressed by a person who belongs or professes to belong to a proscribed organisation
      • They address a meeting and the purpose of the address is to encourage support for a proscribed organisation or further its activities
    • Maximum Sentence:
      • Summary conviction = 6 months imprisonment / fine
      • Conviction on indictment = 14 years imprisonment / fine
  • s.13 Terrorism Act 2000

    • A person commits an offence if they are in a public place and:

      • They wear an item of clothing or wear, carry or display an article (an item), and

        • They do this in a way or in a circumstance which would arouse reasonable suspicion that they are a member of a proscribed organisation.
      • They publish an image of the above.

    • Maximum Sentence:

      • Summary conviction \= 6 months imprisonment / fine

OTHER OFFENCES UNDER THE TERRORISM ACT

There are a number of other offences arising from the Terrorism Act 2000 which do not require a prescription order and are therefore already available to CPS. However, most of these are unlikely to be of direct relevance to individual actionists, though some may potentially be relevant to those who hold organisational or coordinating roles within Palestine Action.

It is perhaps helpful to bear in mind that the majority of real terrorists are not charged with offences under the Terrorism Act, they are charged with offences that could be applied to anyone such as murder, GBH or criminal damage (though a terrorism link may be considered to be an aggravating factor if convicted for such offences).

Potential charges under other non-proscription sections of the Terrorism Act which may be of relevance to individual actionists and are likely to be or relevance to coordinators and organisers include:

  • Terrorist Property

    • Donating money or property which is intended to be used for the purposes of terrorism

    • Receiving money or property which is intended to be used for the purposes of terrorism

    • Using / possessing property which is intended to be used for the purposes of terrorism

    • Entering into or becoming concerned in an arrangement a result of which money or property is made available to another for the purposes of terrorism

  • Money Laundering

    • Entering into or becoming concerned in an arrangement which facilitates the to retention or control:

      • By concealment

      • By removal from a jurisdiction

      • By transfer to nominees

      • In any other way.

  • Disclosures of Information: Professional Duties

    • There are legal obligations if you believe or have reason to suspect that money or property are being used in relation to terrorism where this knowledge falls within the context of your employment, trade, profession or business.
  • Information about acts of Terrorism: Personal duties

    • An offence is committed where you have information that you do not disclose to the authorities which you know or believe may be of material assistance:

      • In preventing an act of terrorism

      • In securing the apprehension, prosecution or conviction of a person involved in the commission, preparation or instigation of an act of terrorism

    • Maximum Sentence:

      • Summary conviction \= 6 months imprisonment / fine

      • Conviction on indictment \= 10 years imprisonment / fine

  • Disclosures of Information: Hindering an Investigation

    • An offence is committed if you know or have reasonable cause to suspect that a constable is conducting a terrorist investigation and:

      • You disclose anything to anyone which is likely to prejudice the investigation

      • You interfere with material which is likely to be relevant to the organisation

        • a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.
    • Maximum Sentence:

      • Summary conviction \= 6 months imprisonment / fine

      • Conviction on indictment \= 5 years imprisonment / fine

  • Directing a terrorist organisation

    • An offence is committed if you direct (at any level) the activities of an organisation which is concerned in the commission of acts of terrorism

    • Max sentence \= Life Imprisonment

  • Possession for Terrorist Purposes

    • An offence is committed if you are found in possession of an article (an item) which gives rise to a reasonable suspicion that it is possessed for a purpose connected with the commission, preparation or instigation of an act of terroris,

    • Maximum Sentence:

      • Summary conviction \= 6 months imprisonment / fine

      • Conviction on indictment \= 15 years imprisonment / fine

  • Collection of information

    • An offence is committed if you:

      • make a record of information of any kind (e.g. a map or recce report) likely to be useful to a person committing or preparing an act of terrorism.

      • Posses a document or record containing information of that kind

      • View or access via the internet a document or record containing information of that kind

    • Maximum Sentence:

      • Summary conviction \= 6 months imprisonment / fine

      • Conviction on indictment \= 15 years imprisonment / fine

COUNTER-TERRORISM POWERS

The Terrorism Act provides additional powers when dealing with ‘terrorists’. For the purpose of these powers ‘terrorist’ means:

  • A person who has committed a specific offence under the Terrorism Act 2000
  • A person who has been concerned in the commission, preparation or instigation of acts of terrorism

These powers include:

  • Extended Detention Without Charge [Terrorism Act 2000, Schedule 8]

    • A suspect in a terrorism investigation can be detained for up to 14 days without charge, compared to a maximum of 24 hours (or 96 hours for serious crime) under the Police and Criminal Evidence Act 1984 (PACE).
    • Extensions beyond 48 hours require judicial approval.
  • Stop and Search Without Reasonable Suspicion [Terrorism Act 2000, s.43 and 47A]

    • Section 43 allows a constable to stop and search a person reasonably suspected of being a terrorist.
    • Section 47A permits stop and search without reasonable suspicion in designated areas, subject to authorization and confirmation by a senior officer.
  • Intercept Evidence and Surveillance [Regulation of Investigatory Powers Act 2000 (RIPA) / Investigatory Powers Act 2016] - not dependant on Terrorism Connection
    • Broader surveillance powers for terrorism-related cases, including interception of communications and retention of metadata.
      • Interception of letters, phone calls, emails and other communications (including real-time interception under IPA 2016)
      • Acquisition of communications data (subscriber information, location data, traffic data (not content)
      • Covert Surveillance (including via devices planted within private property
      • Covert Human Intelligence Sources (CHIS) - i.e. infiltrators
      • Bulk Interception of communication data (to facilitate fishing exercises)
      • Internet Connection records (requires ISPs to retain domain level browsing history for 12 months and make it available to authorities)
      • Equipment Interference - Hacking devices to allow covert monitoring
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