View Single Post
  #1   Report Post  
Old 15-01-2003, 01:32 PM
PaulK
 
Posts: n/a
Default OT Was Ricinus South Wales Evening post. Oh dear


"Nick Maclaren" wrote in message
...

|

| Oh without a doubt. The example I usually make about the Terrorism

Act
| is it makes owning a London A-Z illegal. For those who doubt me read

the
| act!
|
| I just have done on line and cannot identify the section to which you
| refer - could you supply a page/section reference?
|
| The site I used was:

http://www.hmso.gov.uk/acts/acts2000/00011--b.htm#1

Section 58. I was referring to section 57.

Note that "a reasonable suspicion" in English law is a VERY much
weaker criterion than even the balance of probabilities used in
civil law, and is essentially the criterion used for when you
cannot sue the police for false arrest. For example, posting a
query or doing a Web search on how to extract ricin and then
refusing to submit to interrogation, could be regarded as being
"circumstances which give rise to a reasonable suspicion".

Section 58 is even worse, in that all the prosecution has to prove
is that the information is "likely to be useful" - e.g. an A-Z.
You then have to prove a reasonable excuse for the action or
possession, which has the "gotcha" that it might not include the
planning of lesser crimes or even civil offences - e.g. arranging
demonstrations. And you would have to PROVE even that.


But to fall foul of SS's 57/58

57. - (1) A person commits an offence if he possesses an article in
circumstances which give rise to a reasonable suspicion that his possession
is for a purpose connected with the commission, preparation or instigation
of an act of terrorism.

(2) It is a defence for a person charged with an offence under this
section to prove that his possession of the article was not for a purpose
connected with the commission, preparation or instigation of an act of
terrorism.


58. - (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


the criteria of S1 must be met:

1. - (1) In this Act "terrorism" means the use or threat of action where-

(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or to
intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political,
religious or ideological cause.
(2) Action falls within this subsection if it-

(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person's life, other than that of the person committing
the action,
(d) creates a serious risk to the health or safety of the public or a
section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an
electronic system.
(3) The use or threat of action falling within subsection (2) which
involves the use of firearms or explosives is terrorism whether or not
subsection (1)(b) is satisfied.


====
Simple possession per se of an A-Z in no way matches the criterion. I am
safe to stand outside Downing Street A-Z in hand! Mark an A-Z with the route
the PM will take to a Public engagement and quite reasonably I have some
questions to answer.

Ditto the ridiculous suggestion about growing the types of plants mentioned.

pk