Key provisions of THE TERRORISM (JERSEY) LAW 2002

The following synopsis of the TERRORISM (JERSEY) LAW 2002 was outlined in a recent Jersey Appeal against a Preparatory Hearing decision to determine the interpretation of Article 13(1) of the Terrorism (Jersey) Law 2002.

The following started at point 6 in the appeal:-

6. The 2002 Law is a detailed statute divided into 7 Parts and 9 Schedules. It is in large measure, at least in its essential features, similar to the United Kingdom’s Terrorism Act 2000.

• It replaced the Prevention of Terrorism (Jersey) Law 1996 , which, like its then United Kingdom counterpart, primarily focused on terrorism connected with the affairs of Northern Ireland.
• The scheme of proscription has a lengthy history.
• The 1996 Law, like earlier laws of its type, identified proscribed terrorist organisations, allowed for the exclusion of persons from Jersey, and criminalised fundraising, using and possessing money, and entering into funding arrangements for proscribed organisations.
• The innovation of the 2002 Law is that it applies to all forms of terrorism whether Irish, international or domestic.
• The United Kingdom’s Terrorism Act 2000 was itself influenced by proposals in the then Government’s consultation document Legislation Against Terrorism (Cm 4178) published in December 1998, which was itself a response to Lord Lloyd of Berwick’s Inquiry into Legislation against Terrorism (Cm 3420) published in October 1996.

7. Part 1 of the 2002 Law (Articles 1 to 4) contains the general interpretation provisions which provide the key to understanding the Law as a whole.

• It defines the important words and phrases found within the legislative scheme (Article 1) and sets out definitions of ‘terrorism’ (Article 2), ‘terrorist property’ (Article 3) and ‘terrorist entity’ (Article 4).
• The 2002 Law (like its United Kingdom counterpart) recognises that terrorism is not necessarily linked to the use of violence for political ends and may extend to religious, racial, ideological or political causes and actions which might be non-violent in themselves but which can nevertheless have a devastating effect, for example by interfering with the supply of water or power where life, health or safety may be put at risk.
• Save where the terrorist action involves the use of firearms or explosives, or amounts to an offence listed in Schedule 10 to the 2002 Law^[i], the action has to be designed to influence the government or to intimidate the public or a section of the public to be included in the definition.
• The statutory concept of ‘terrorism’ is broader than what might ordinarily be understood by the term and seeks to address terrorist activity in all its manifestations.

8. Part 2 of the 2002 Law (Articles 6 to 14) governs proscribed organisations.

• Article 6 provides a power for the Minister for Justice and Home Affairs to proscribe organisations if the Minister believes that the organisation is concerned in terrorism.
• An organisation is also proscribed if it is listed in Schedule 1 of the Law, operates under the same name as an organisation listed in that Schedule, or is proscribed under the Terrorism Act 2000 of the United Kingdom. It is relevant to note that under the Terrorism Act 2000 the Secretary of State may only exercise the power to add an organisation to the list of proscribed organisations if the Secretary of State  believes that it is concerned in terrorism.
• For the purposes of Article 6 of the 2002 Law and section 3(4) of the Terrorism Act 2000, an organisation is concerned in terrorism if it

1. 1. Commits or participates in acts of terrorism, (b) prepares for terrorism, (c) promotes or encourages terrorism, or (d) is otherwise concerned in terrorism. What this means in simple terms is that the scheme of proscription in Jersey is virtually identical and serves the same purpose as the scheme of proscription in the United Kingdom.

9. Articles 7 to 11 set out the mechanism by which an organisation or any person affected by the organisation’s proscription may apply to remove an organisation from Schedule 1, and sets out the function of the Proscribed Organisations Appeal Commission and the effect of de-proscription.

• In summary, an application may be made by the organisation or an individual affected by the organisation’s proscription to the Minister to remove the organisation from Schedule 1. If the Minister refuses the application, then the organisation or individual may appeal to the Proscribed Organisations Appeal Commission (with a further appeal to the Court of Appeal).
• Where an appeal to the Proscribed Organisation Appeal Commission is successful, a person convicted of an offence in respect of the organisation under Articles 12 to 16, 20 and 52 may appeal against conviction to the Court of Appeal or the Royal Court (depending on the court in which the conviction was recorded) and the appeal will be allowed.

10. Articles 12, 13 and 14 are offence-creating provisions to do with membership of proscribed organisations (Article 12), inviting support for a proscribed organisation (Article 13) and wearing the uniform of a proscribed organisation (Article 14).

• The effect of these provisions is that once an organisation has been proscribed, and for so long as it remains proscribed, it is an offence for a person to belong or profess to belong to the organisation, to invite support for the organisation (if the support is not restricted to the provision of money or other property), to arrange, manage or assist in arranging or managing a meeting which supports the organisation or which is to be addressed by a person who belongs to or professes to belong to the organisation, or to address a meeting with the purpose of encouraging support for the organisation or furthering its activities.
• We address these offences in more detail below.

11. Part 3 of the 2002 Law (Articles 15 to 27) contains provisions relating to terrorist financing. It is an offence for a person to use property for the purposes of terrorism (which purposes include the support of a terrorist entity) (Article 15).

• It is also an offence to
• Deal with terrorist property (Article 16) or
• Insure against payments made in response to terrorist demands (Article 16A).
• These offences have extraterritorial effect (Article 17).
• There are also provisions which permit cooperation with the Financial Intelligence Unit or the police which are designed to enable businesses to disclose information without fear of breaching legal restrictions (Article 18) and which impose duties of disclosure in certain circumstances (Articles 19 and 21).
• Other provisions within Part 3 govern the forfeiture of property used for the purposes of terrorism (Article 27).

12. Part 4 of the 2002 Law (Articles 28 to 35) deals with terrorist investigations, while Part 5 (Articles 36 to 49) contains a range of counter-terrorist powers to stop, search, arrest and detain terrorist suspects.

• Part 6 (Articles 50 to 55) contains a number of the offence-creating provisions dealing with such things as weapons training and inciting terrorism overseas, and
• Part 7 (Articles 56 to 68) contains a number of general provisions.

13. As is apparent from this brief summary, the 2002 Law is a detailed code with measures designed to prevent terrorism in all its various guises and to facilitate the investigation of terrorist crime.

• The measures include a power for the Minister to proscribe terrorist organisations (and to accept or recognise those proscribed in the United Kingdom).
• This is reinforced by a series of offences in relation to these proscribed organisations (membership, support, wearing of uniforms or insignia), other specific offences connected with terrorism (such as fundraising for terrorist purposes and terrorist training) and a range of enhanced police powers to investigate terrorists.
• This is the context for our consideration of the scope of the Article 13 offence.

The Article 13 Offences

14. Article 13 of the 2002 Law creates three offences committed in circumstances where a proscribed organisation listed in Schedule 1 to the Law receives support of one form or another (not restricted to the provision of property, which is dealt with in Article 15).

• The three offences are committed where a person:

1. 1. Invites support for a proscribed organisation (Article 13(1)); (b) arranges or manages or assists in arranging or managing a meeting to support or further the activities of a proscribed organisation (Article 13(2)); (c) addresses a meeting to encourage support for a proscribed organisation or to further its activities (Article 13(3)).

15. For present purposes the offence created by Article 13(1) is of most immediate relevance. This provides as follows:

“A person commits an offence if

(a)       He or she invites support for a proscribed organisation; and

(b)       The support is not, or is not restricted to the provision of property (within the meaning of Article 15).”

16. The two other offences are relevant to any consideration of the scope of the Article 13(1) offence and whether support extends only to support for the unlawful activities of the proscribed organisation in question. Article 13(2) deals with support provided by way of meetings at which 3 or more persons are present, whether or not the public are admitted. It provides:

“A person commits an offence if he or she arranges, manages or assist in arranging or managing a meeting which he or she knows is

(a)       To support a proscribed organisation;

(b)       To further the activities of a proscribed organisation; or

(c)       To be addressed by a person who belongs or professes to belong to a proscribed organisation.”

17. The third and final offence is created by Article 13(3) which provides:

“A person commits an offence if he or she addresses a meeting and the purpose of his or her address is to encourage support for a proscribed organisation or to further its activities.”

18. It is also relevant to note Article 13(4)

• Which provides that where a person is charged with an offence under paragraph (2)(c) in respect of a private meeting (viz. a meeting to which the public are not admitted),
• It is a defence for the person to prove that he or she had no reasonable cause to believe that the address mentioned in paragraph (2)(c) would support a proscribed organisation or further its activities.
• Neither the offences nor the defence contain any words of limitation to distinguish between the particular activities of the proscribed organisation in question.

19. A person guilty of an offence under Article 13 is liable to imprisonment for a term not exceeding 10 years or to a fine, or both.

Other Relevant Provisions

20. While the issue with which we are most directly concerned is the construction of Article 13(1) of the 2002 Law, it is also relevant to note Articles 3 and 15 both of which cast light on what support for a proscribed organisation involves.
21. Article 3 defines ‘terrorist property’ as property which is intended to be used or likely to be used in whole or in part, directly or indirectly for the purposes of terrorism or for the support of a terrorist entity (which includes a proscribed organisation) and includes but is not limited to the resources of a terrorist entity. In other words, all the resources of a terrorist entity amount to terrorist property and no distinction is drawn in respect of the purpose for which the property is held.
22. Article 15 creates numerous offences in relation to the use or possession of property for the purposes of terrorism, which purposes “for the avoidance of doubt”include the support of a terrorist entity (which includes a proscribed organisation). Article 15(3)(c) makes clear that ‘support of a terrorist entity’ includes, but is not limited to, support by way of providing or subsidising educational or other day-to-day living expenses. This makes clear that the offences in Article 15 extend to all financial support for a proscribed organisation irrespective of the purpose for which it was provided.

Source

https://www.jerseylaw.je/judgments/unreported/Pages/[2025]JCA234.aspx