HOME OFFICE CIRCULAR 004/2019: COUNTER-TERRORISM AND BORDER SECURITY ACT 2019

On 3rd May, the Home Office published this Circular which informs law enforcement agencies, and other relevant public authorities, of certain provisions of the Act.  The Act received Royal Assent on 12th February and some of its provisions came into force immediately; the majority (including all of those covered by the Circular) came into force on 12th April; and the remainder will be commenced by regulations in due course.  The Act includes –

  • provisions which allow the Secretary of State to designate an area outside the UK which is associated with a risk of terrorism, which it would be an offence for UK nationals or residents to enter or remain in without reasonable excuse and for a non-exempt purpose (inserting new sections 58B and 58C into the Terrorism Act 2000). The exemptions include – providing aid of a humanitarian nature; satisfying an obligation to appear before a court or other body exercising judicial power; carrying out work for the government of a country other than the UK (including armed forces); carrying out work for the UN; carrying out work as a journalist; attending the funeral of a relative or visiting a relative who is terminally ill; and providing care for a relative who is unable to care for themselves without such assistance.
  • provisions making clear that terrorism offences are within the definition of serious crime in the context of applications for a Serious Crime Prevention Order (SCPO).
  • adds a number of further offences to the existing list at section 17 of the Terrorism Act 2006 of offences where a person may be prosecuted in the UK for conduct that took place outside the UK (and which would have been unlawful had it taken place in the UK).

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/797555/Home_Office_Circular_-_CTBS_Act_2019_-_v1.0.pdf

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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