חוק זכויות האדם בבריטניה

מוסד לימוד
מקצוע
מילות מפתח
שנת הגשה 2007
מספר מילים 4337

תקציר העבודה

Assignment 1
Proscription  One of ways in which the British Government has attempted to deal with terrorism is by "proscribing" certain organizations. This makes it an offence to belong to the specified organization or to support it actively.  The list of such organizations is sch. 2 to the TA 2000. The Secretary of State has the power under s. 3 of the TA 2000 to add an organisation to, or remove an organisation from, this list, by order. The grounds for adding an organization are that the Security of State believes that it is 'concerned with terrorism'. The section does not require the belief to be based on reasonable grounds, but it may well be that a court would read in such a requirement. 'Concerned in terrorism' is further defined by s. (5) as:
 a) commits or participates in acts of terrorism;  b) prepares for terrorism;  c) promotes or encourages terrorism;  d) is otherwise concerned in terrorism.
 The current list in sch. 2 runs to over 50 organisations.
The listing truly international in its coverage. In R v Z (2005) UKHL, (2005) 3
All ER95, an issue arose about the scope of the names listed in the Schedule.
The appellant had been convicted under s. 11 of the TA 2000 of the offence of belonging to a proscribed organization, namely the real IRA. He argued that the Real IRA was not listed in the Schedule-it simply referred to 'The Irish Republican Army'. The house of Lords rejected the appeal. The majority did so on the basis that the phrase 'Irish Republican Army' was intended to be an 'an umbrella term, capable of describing all manifestations or splinter groups' (para. 51, per Lord Carswell).It covered, there-fore, the Provisional IRA and the Real IRA, both of which were to be regarded as part of the proscribed organization, the IRA (para. 67, per Lord Brown).
Consequences of proscription  Where an organization is proscribed, it becomes an offence to be a member of it, or to profess to be a member (TA 2000, s 11). Section 11 (2) states that it is a defence for the person to prove that the organization was not proscribed when he or she became a member or professed to be a member, and that he or she has not taken part in the activities of the organization at any ….
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