Originally posted by Tarquin Farquhar
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In order to verify a person's actions as being entirely innocent," anyone in "suspicious circumstances" could be asked to explain themselves".
The key is; it is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action. In other words you are guilty until proved innocent. This is the case unless you know better the barristers and solicitors acting for the NUJ A reporter for the Southern Evening Echo was arrested for photographing a Motorway bridge bon the excuse that the picture could be used by terrorists to target bridges. .
The Act:
Sec 76 Offences relating to information about members of armed forces etc
(1) After section 58 of the Terrorism Act 2000 (collection of information) insert—
“58A Eliciting, publishing or communicating information about members of armed forces etc
(1) A person commits an offence who—
(a) elicits or attempts to elicit information about an individual who is or has been—
(i) a member of Her Majesty’s forces,
(ii) a member of any of the intelligence services, or
(iii) a constable,
which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
(b) publishes or communicates any such information.
(2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;
(b) on summary conviction—
(i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(4) In this section “the intelligence services” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).
(5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.”.
(2) In the application of section 58A in England and Wales in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as a reference to 6 months.
(3) In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a) after “58,” insert “58A,”.
(4) After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in Schedule 8 to this Act.
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