Terrorism legislation ‘inadequate’ for those travelling abroad, says Independent Reviewer

Jonathan Hall KC, has just been reappointed as the Government’s Independent Reviewer of State Threats Legislation and Independent Reviewer of Terrorism Legislation, for a further period of 18 months. His appointment will now run until November 2026.

In his fifth annual independent report on the operation of terrorism legislation in the UK, Mr Hall says a new terrorist travel offence is needed, and extra-territorial jurisdiction should be applied to child mistreatment cases, where parents take their children with them.

He says the law on questioning extradited terror suspects, such as Hashem Abedi (Manchester Arena attack) should also be clarified, with “urgent changes” needed to deal with the possession of knives by TPIM subjects.

“It is difficult to fix a boundary between hate-based or personally motivated attacks and terrorism which satisfies the statutory definition, especially when considering the acts of lone attackers,” said Mr Hall.

“Samiualahq Akbari was sentenced in 2019 to 21 years imprisonment for going on a knife rampage after saying he wanted to kill English people, but that was not prosecuted as terrorism.”

Mr Hall believes the law is “currently misunderstood”.

He says a better power is also needed, most relevant to Northern Ireland, to take down flags of proscribed organisations being flown in public.

In addition, Mr Hall says the “never-used and impracticable power” to examine individuals at the land border between Northern Ireland and the Republic should be abolished.

The Home Office has also published it Counter-terrorism disruptive powers report 2023, with Security Minister Dan Jarvis saying “the defence of our national security is, and will always be, our top priority”.

In his foreword to the report he said: “As Security Minister, my first duty is the protection of our country and its citizens. The ongoing counter-terrorism effort is a critical part of that mission.

“The UK faces a terrorist threat that is constantly evolving, has domestic and international facets and is increasingly unpredictable, making detection and investigation harder.

“All of this underlines why it is so crucial to ensure that our world-class law enforcement and intelligence agencies have all the necessary resources and tools to do their vital work. I will do everything possible to ensure that is the case.

“We are fortunate to have so many outstanding professionals working day and night to keep us safe. They are deserving of our enduring thanks and respect.

“While this report covers a period under the previous government, it highlights the continued need for a wide range of powers to protect the public.

“Since the general election, the Home Secretary and I have been clear that the new government will relentlessly combat the threats we face – whether from terrorism, foreign states or any other source.”