04-10 Counter Terrorism_85285ef90e0e8b4a695ffb8e090011ae.pdf

OFFICIAL Unit 4 Lesson 10...

OFFICIAL Unit 4 Lesson 10 Counter Terrorism Lesson Aim: The learner will be able to explain the role of the police in countering terrorism Learning Outcomes: On successful completion of the lesson, students will be able to:- Introduction Around the United Kingdom (UK) there are 1. Define the terms ‘terrorism’ and eleven regional counter terrorism units (CTU) ‘terrorist’ as provided within the and intelligence units (CTIU) in the Counter Terrorism Act 2000 Terrorism (CT) policing network. These units bring together intelligence, 2. State your police powers under operations and investigation functions who Sections 41 and 43 of the Terrorism Act engage with a range of key public agencies, 2000 the private sector and local communities to prevent terrorist activity. In Scotland, the Organised Crime and 3. Explain the current threat from terrorism Counter Terrorism Unit (OCCTU) is based and define the national security threat within the Scottish Crime Campus, Gartcosh. levels As a frontline police officer, you have unprecedented access to the public and by 4. Define the counter terrorism intelligence having the confidence to report potential requirements, including: terrorist activity, you could disrupt a potential terrorist plot or safeguard a vulnerable person. When to submit a REFRACT intelligence report The need for community intelligence 1 th Amended 25 April 2024 v.7 OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism What is Terrorism? It might seem like terrorism is a new phenomenon but it’s been around more than two thousand years. The root of the word terrorism is taken from a Latin term that means “to frighten”. It became part of the phrase “terror cimbricus”, which was used by ancient Romans in 105BC to describe the panic that ensued as they prepared for an attack by a fierce warrior tribe. Terrorism is considered to be the unlawful use of violence and intimidation especially against civilians in the pursuit of political gain. Legislation The main piece of legislation covered in this lesson is the Terrorism Act 2000. This Act was enshrined into law on 19 February 2001 and was the first piece of permanent legislation introduced by the UK government. It reformed previous, temporary legislation as that was originally designed in response to the threat from Irish Terrorism and this Act sought to extend counter terrorist measures to be applicable to all forms of terrorism:- Irish, international and domestic. It was intended to give permanence to terrorism legislation. You may hear the Terrorism Act 2000 being shortened to “TACT” (Terrorism Act) as in TACT legislation or a TACT arrest. Definition of Terrorism in Law In terms of legislation, the definition of terrorism comes from Section 1 of the Terrorism Act 2000 which states; Terrorism means the use or threat of action where A. the action: involves serious violence against a person involves serious damage to property endangers a person’s life, other than that of the person committing the action creates a serious risk to the health or safety of the public or a section of the public, or 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism is designed to serious interfere with or seriously to disrupt an electronic system B. the use or threat is designed to influence the government, or an international governmental organisation, 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, racial or ideological cause. Note: In this Act, a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation. ACTIONS - Mnemonic Serious violence against a person Health and safety of the public or a section of the public Endangers a person’s life - other than the terrorists Electronic system - serious interferes or disrupts Property - serious damage What Is a Terrorist? The definition of terrorist comes from Section 40 of the Terrorism Act 2000 which states; A ‘terrorist’ is a person who – Section 40(1)(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Act, or Section 40(1)(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Sections 11, 12, 15 to 18, 54 and 56 to 63 of the Act above:- 11 - Membership of a proscribed organisation 12 - Support for a proscribed organisation 15 - Fundraising 16 - Use and possession (money/property) 17 - Funding arrangements 18 - Money laundering 54 - Weapons training 56 - Directing terrorist organisation 57 - Possession of an article for terrorist purposes 58 - Collection of information 59 - Inciting terrorism overseas (England & Wales) 60 - Inciting terrorism overseas (Northern Ireland) 61 - Inciting terrorism overseas (Scotland) 62 - Terrorist bombing 63 - Terrorist finance Power of Arrest Section 41 of the Terrorism Act 2000, gives us our power of arrest and states:- “A Constable may arrest without warrant a person whom they reasonably suspect to be a terrorist” The Home Secretary is informed of every TACT arrest. What Amounts to Reasonable Suspicion? What amounts to reasonable suspicion sufficient to arrest someone under TACT legislation, consider the following non-exhaustive list. Online posts (Religious or Ideological nature) 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Closed meetings in communities that others are not privy to Extremist literature relating to radical groups Affiliated Flags Leaflets Symbols, tattoos etc Change in religious/political mind-set Collection of weapons (knives etc) Online purchases i.e. chemical / electronic components Intelligence/information Out of the ordinary behaviour. When more than one factor exists then this should escalate concerns regarding the individual. Case Law “O’Hara v. Chief Constable of the R.U.C. (Royal Ulster Constabulary)” made on 12 December 1996 provides some clarity. This judgement comes from an arrest using legislation which pre- dates the Terrorism Act 2000 but is still regarded as legitimate case law today. The background to this case was that the appellant, O’Hara was arrested on 28 December 1985 for a murder that was regarded to be an act of terrorism. O’Hara argued that his arrest under Section 12(1) of the Prevention of Terrorism (Temporary Provisions) Act 1984 was unlawful and he had been falsely imprisoned after being released without charge on 13 January 1986 In regard to the claim for wrongful arrest, the trial judge held that the appellant's arrest had been lawful. This was because he was satisfied on the evidence of Detective Constable Stewart, who was the arresting officer, that he was entitled to arrest the appellant without warrant The officer had no particular knowledge of the appellant’s involvement, relying on a briefing which led to the arrest. It was held that reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s own observations. The information acted on by the arresting officer need not be based on his own observations, as he was entitled to form a suspicion based on what he had been told. His reasonable suspicion might be based on information which had been given to him anonymously or 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism it might be based on information, perhaps in the course of an emergency, which turned out later to be wrong. As it was the information that was in his mind alone that was relevant, it was not necessary to prove that the information or facts on which his suspicion was based were true, Search of Person Powers Our power to stop and search persons comes from Section 43 of the Terrorism Act 2000 which states:- A Constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. A Constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist. A Constable may seize and retain anything which he discovers in the course of a search of and which he reasonably suspects may constitute evidence that the person is a terrorist. This power of search does not have to be authorised and can be used anywhere by any police officer in uniform or plain clothes. It must be carried out by an officer of the same sex. Search of Vehicle Powers Our power to stop and search vehicles comes from Section 43A of the Terrorism Act 2000 which states:- Where a Constable reasonably suspects that a vehicle is being used for the purposes of terrorism the Constable may stop and search - a) the vehicle; b) the driver of the vehicle; c) a passenger in the vehicle; 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism d) anything in or on the vehicle or carried by the driver or a passenger; to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism. A Constable may seize and retain anything which he discovers in the course of a search of and which he reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism. What is a Proscribed Organisation? Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe it is concerned in terrorism, and it is proportionate to do. For the purposes of the Act, this means that the organisation: commits or participates in acts of terrorism prepares for terrorism promotes or encourages terrorism (including the unlawful glorification of terrorism) is otherwise concerned in terrorism The Home Secretary will consider whether to exercise their discretion to proscribe the organisation. In considering whether to exercise this discretion, the Home Secretary will take into account other factors, including: the nature and scale of an organisation’s activities the specific threat that it poses to the UK the specific threat that it poses to British nationals overseas the extent of the organisation’s presence in the UK the need to support other members of the international community in the global fight against terrorism. As of January 2024 there are currently 80 terrorist organisations proscribed under the Terrorism Act 2000. Most are international terror groups which are largely synonymous with Islamist Extremist organisations, however also included in the proscribed list are groups affiliated with the Extreme Right Wing. There are 14 proscribed groups linked to Northern Ireland related terrorism, 7 loyalist paramilitaries and 7 dissident republican. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism International Terrorism International terrorism refers to terrorism that goes beyond national boundaries in terms of the methods used, the people that are targeted or the places from which the terrorists operate. It is synonymously associated with Islamist Extremist groups. Terrorist groups in Syria and Iraq, including Al Qaeda and the Islamic State of Iraq and the Levant (ISIL), possess both the intention and the capability to direct attacks against the West. The UK is a high-priority target for Islamist extremists and they pose a significant threat to our country and to our interests and citizens abroad. Despite the current main focus on terrorism originating from Syria and Iraq, the threat of terrorism also emanates from other parts of the Middle East and regions such as North, East and West Africa, South and South East Asia. The majority of terrorist attack plots in this country have been planned by British residents. There are several thousand individuals in the UK who support violent extremism or are engaged in Islamist extremist activity. Some British nationals travel overseas to train with extremist groups and return to the UK with the view to plan attacks, but increasingly the terrorist threat from within the UK emanates from individuals radicalised by individuals and material online. Once radicalised, an individual might decide to conduct an attack in the name of Islam without any prior signs of radicalisation. Simple, self-organised attacks by UK-based Islamist extremists have increased and are inherently harder to detect than more complex and ambitious plots. Northern Ireland Related Terrorism (NIRT) The political and security situations in Northern Ireland have always been inextricably linked. Since the creation of Northern Ireland in 1921, the majority of its population has traditionally been regarded as unionist or loyalist, meaning that they wish to remain part of the United Kingdom. However, there has always been a significant number of nationalists or republicans who support a united Ireland and regard themselves as Irish rather than British. Paramilitary organisations on both sides have carried out campaigns of terrorism, most notably during the Troubles, the three decades of conflict from the late 1960s onwards that resulted in over 3,000 deaths. The nature of the terrorist threat in Northern Ireland has changed significantly in recent years. The Provisional Irish Republican Army (PIRA) and the main loyalist paramilitary groups have ceased their terrorist campaigns and engaged with the political process. In April 1998, the Good Friday Agreement was signed, paving the way for a 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism devolved Northern Ireland Executive based on power sharing between unionist and nationalist political parties. However, dissident republican groups reject the political process and the institutions created by the Good Friday Agreement, and continue to carry out terrorist attacks. They seek to destabilise Northern Ireland through the tactical use of violence, targeting members of the Police Service of Northern Ireland (PSNI) and other security personnel as well as seeking to cause disruption and economic damage. Dissident republican terrorist groups continue to pose the most significant threat to national security in Northern Ireland. There are four main dissident republican groups in Northern Ireland: the new IRA, the Continuity IRA (CIRA), Óglaigh na hÉireann (ONH – which recently split into two factions ONH and IRB), and Arm na Poblacht (ANP). All oppose the peace process and regard violence as a legitimate means of achieving a united Ireland. Since 2000 dissident republicans have mounted attacks in Northern Ireland and between 2009 and 2017 they were responsible for the deaths of two PSNI officers, two British soldiers and two prison officers. Dissident republican attacks often involve significant risk to members of the public, who are also regularly inconvenienced by the disruption involved in the necessary police response to these and other security incidents (such as hoaxes). Aside from attacks against the security forces, dissident republicans also conduct violent attacks (shootings, beatings and intimidation) against people within local communities, in an effort to generate community support and undermine the PSNI. Many dissident republicans are also heavily involved in criminal activities for personal gain, including smuggling and extortion. DISSIDENT REPUBLICAN 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism LOYALIST PARAMILITARIES Right Wing Terrorism (RWT) Extreme right wing terrorism promote messages of hate-filled prejudice which can encourage radicalisation among people motivated by race hate. Groups including (the now proscribed) National Action, Sonnenkrieg Division and The Base have been under scrutiny for promoting offensive, anti-Islamic messages which run contrary to the values of respect and tolerance of different faiths and beliefs. Extreme right-wing terrorism is unfortunately on the increase and looks like it is here to stay for the immediate future. Law enforcement agencies have recently been involved with investigating individuals as young as 13 years of age of being involved in XRW activities. The threat has “grown and morphed quite substantially over the last five to 10 years”, with a “high prevalence of teenagers being the subject of recruitment” and tackling the “new expertise, new sources, and new tactics” being utilised 10 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Left, Anarchist And Single Issue Terrorism (LASIT) Left-wing terrorism or far-left terrorism, sometimes called Marxist– Leninist terrorism or revolutionary left-wing terrorism, is terrorism committed with the aim of overthrowing current capitalist systems and replacing them with Marxist-Leninist or socialist societies. Left-wing terrorism can also occur within already socialist states as criminal action against the current ruling government as in the Nihilist (believe in nothing and all values are baseless) movement. The Incel (involuntary celibate) movement has previously been involved in promoting and encouraging acts of violence and spreading extremist views and includes the radicalisation of its members. 11 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Threat Levels On 23 July 2019, changes were made to the terrorism threat level system to reflect the threat posed by all forms of terrorism, irrespective of ideology. There is now a single national threat level describing the threat to the United Kingdom which includes Islamist, Northern Ireland, Left- Wing and Right-Wing terrorism. The threat levels are; CRITICAL means an attack is highly likely in the near future SEVERE means an attack is highly likely SUBSTANTIAL means an attack is likely MODERATE means an attack is possible, but not likely LOW means an attack is highly unlikely UK Current Threat Level Further information in relation to current threat levels within the United Kingdom and Northern Ireland can be found on the Police Scotland Intranet pages. How Are The Threat Levels Decided? The threat level for the UK from terrorism is set by the Joint Terrorism Analysis Centre (JTAC). MI5 is responsible for setting the threat levels from Irish and other domestic terrorism both in Northern Ireland and in Great Britain. In reaching a judgement on the appropriate threat level in any given circumstance several factors need to be taken into account. 12 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism These include:- Available Intelligence It is rare that specific threat information is available and can be relied upon. More often, judgements about the threat will be based on a wide range of information, which is often fragmentary, including the level and nature of current terrorist activity, comparison with events in other countries and previous attacks. Intelligence is only ever likely to reveal part of the picture. Terrorist Capability An examination of what is known about the capabilities of the terrorists in question and the method they may use based on previous attacks or from intelligence. This would also analyse the potential scale of the attack. Terrorist Intentions Using intelligence and publicly available information to examine the overall aims of the terrorists and the ways they may achieve them including what sort of targets they would consider attacking. Timescales The threat level expresses the likelihood of an attack in the near term. We know from past incidents that some attacks take years to plan, while others are put together more quickly. In the absence of specific intelligence, a judgement will need to be made about how close an attack might be to fruition. Threat levels do not have any set expiry date, but are regularly subject to review in order to ensure that they remain current. As well as general threat levels, JTAC maintains a specific “Police Emergency Services Sector” category of threat level. This is to ensure that where there are specific threats towards police, police staff or assets then these can be reflected and responded to appropriately. This specific threat level is also categorised by one of the five levels shown above. 13 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism How Is An Attack Likely To Be Carried Out? “Lone Actors” or “Self- Initiated Terrorists” This graphic was prepared by JTAC using available intelligence to indicate the likely methodology employed by any groups or “self- initiated Terrorists”. Self-Initiated Terrorists are extremists who carry out these simple, self-organised attacks which are low sophistication in terms of methodology but achieve high casualties. They are likely to use IED’s (think Manchester Arena attack), vehicles as weapons (VAW) and bladed weapons (think Westminster/London Bridge attacks). Please see intelligence requirements for potential Self-Initiated Terrorists later in these notes. Threat and Response Response levels provide a broad indication of the protective security measures that should be considered at any particular moment. They are informed by the national threat level, the Police Emergency Services Sector threat level, intelligence assessments and assessments of vulnerability and risk. There are three response levels:- Exceptional Heightened Normal These levels of response broadly equate to the threat levels. Details of specific security measures that may be taken for each of the response levels can be found in the “Building Security Response Level Checklist” which can be found on the intranet. 14 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Maximum protective security measures to Critical meet specific threats to minimise Exceptional vulnerability and risk - unsustainable Severe Additional and sustainable protective security reflecting the broad nature of the threat Heightened combined with specific vulnerabilities and Substantial judgements on risk Moderate Routine baseline protective security measures appropriate to business and Normal location Low 15 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Case Study CS Routine Vehicle Stop Foils Terror Attack Six men were jailed for a total of more than 100 years for plotting a gun and bomb attack on an English Defence League rally in June 2012. The six men had travelled to Dewsbury, West Yorkshire, for the rally attended by several hundred people with a car full of weaponry including a pipe bomb, two shotguns and knives but turned up too late to carry out the attack. As they drove home to Birmingham, one of their cars was pulled over by a South Yorkshire Police traffic officer on routine patrol on the M1 who had made a check on the vehicle and it showed up as having no insurance. This turned out to be an error in filling out an online application form properly however the car was impounded in a car pound near Sheffield. An inspection by staff later discovered two sawn off short guns, ammunition and a selection of knives and machetes. Police were called and also discovered a homemade bomb adapted from a firework and three small, partially constructed pipe bombs together with copies of a letter spelling out the gang’s plans to attack the EDL, addressed to the Queen and David Cameron. Thanks to the photographic footage taken by the traffic officer, CT Police were able to identify who the men were. The plotters were rounded up by West Midlands Police officers after a huge anti-terrorism operation. The men, all from the West Midlands, pleaded guilty to planning the attack at a hearing on April 30th. Jewel Uddin, 27, Omar Mohammed Khan, 31, and Zohaib Ahmed, 22, were jailed for 19-and-a- half years. Mohammed Hasseen, 24, Anzal Hussain, 25, and Mohammed Saud, 23, were given jail terms of 18 years and nine months. They are expected to serve at least two thirds of the sentence before they are released. 16 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism UK Government Contest Strategy Scotland, and the rest of the UK, faces unprecedented levels of threat from an increasingly complex range of violent extremist and terrorist ideologies, groups and individuals. The CONTEST strategy was developed by the UK Government to counter such threats. It was introduced in 2003 and has been updated several times to reflect the current threat. The most recent update was published in June 2018. It can be found here:- https://www.gov.uk/government/publications/counter-terrorism- strategy-contest-2018 CONTEST sets out how the UK Government will reduce the risk from terrorism to the UK and its citizens and interests overseas so that people can go about their lives freely and with confidence. This approach unites the public and private sectors, communities, citizens and overseas partners around the single purpose to leave no safe place for terrorists to recruit or act. CONTEST is built on a framework of four pillars, all designed to reduce the risk of terrorism. These pillars are known as the four “P’s”. They are:- Prevent - to stop people becoming terrorists or supporting terrorism Pursue - to stop terrorist attacks, Protect - to strengthen our protection against a terrorist attack, and Prepare - to mitigate the impact of a terrorist attack All areas of policing contribute to the four “P’s” and play a key role in ensuring the success of the four “P” framework. What does that success look like? 17 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism PREVENT EXAMPLES An individual or group that may be vulnerable to radicalisation The distribution of radical or extremist material Community tensions or grievances that could potentially be exploited by those with a violent extremist agenda Lessons, classes or similar containing inappropriate content (intolerant, radical or extremist) that could potentially have a radicalising influence Community demographics, including members or leaders of monitory ethnic communities who are proactive in spreading an anti-extremist message SUCCESS IN PREVENT MEANS:- There will be a reduction in support for terrorism of all kinds in this country and in states overseas whose security most impacts on our own; There is more effective challenge to those extremists whose views are shared by terrorist organisations and used by terrorists to legitimate violence; and There is more challenge to and isolation of extremists and terrorists operating on the internet 18 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism PURSUE EXAMPLES Individuals, groups or networks known or suspected to be involved in, or support, violent extremism Individuals, groups or networks actively supporting proscribed organisations through fundraising or other support Individuals, groups or networks who actively engage in criminal activities in furtherance of a campaign or political agenda, using methods other than the normal political process SUCCESS IN PURSUE MEANS:- At home, we are able to disrupt terrorist related activity in the UK and prosecute or deport more of those responsible; Overseas, we have seized the opportunity we now have to further reduce the threat from ISIS/Daesh, Al Qaida, their affiliates and other terrorist organisations and that we have disrupted attacks planned against this country; and Our counter-terrorism work is focused, proportionate, fair and effective and is consistent with our commitment to human rights PROTECT EXAMPLES A suspicious incident including, but not limited to, hostile reconnaissance, terrorist targeting (including crowded places) The critical national infrastructure in Scotland The procurement of pre-cursor chemicals or component parts Loss/theft of documents/uniforms, vehicles or any object that could potentially give access to restricted sites or locations that would be of interest to terrorists Sightings of diplomatic vehicles SUCCESS IN PROTECT MEANS:- We know where and how we are vulnerable to terrorist attack and have reduced those vulnerabilities to an acceptable and proportionate level; 19 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism We share our priorities with the private sector and international community and, wherever possible, we act together to address them; and The disruptive effect and costs of our protective security work are proportionate to the risks we face PREPARE Any intelligence or information that may impact upon the organisational capability of the police service and emergency services to prepare for a terrorist attack (including, but not limited to, matters such as innovative attack or methodologies or targets previously not considered as viable by terrorist groups). SUCCESS IN PREPARE MEANS:- Our planning for the consequences of all civil emergencies provides us with the capabilities to respond to and recover from the most likely kinds of terrorist attacks in this country; We have in place additional capabilities to manage ongoing terrorist attacks wherever required; and We have in place additional capabilities to respond to the highest impact attacks “In my view the government’s most important pillar of CONTEST is PREVENT and we all need to talk much more about it” Neil Basu, Assistant Commissioner NPCC Lead for Counter Terrorism Policing To the Home Affairs Select Committee on 24 October 2018 Why is PREVENT Seen as Being So Important? It is everyone’s responsibility to tackle terrorism and the destructive impact it has on our communities. As a frontline police officer you will have unprecedented access to the public at large. By recognising the work PREVENT does to safeguard vulnerable people from becoming terrorists or supporting terrorism, you can engage with those you identify as being 20 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism vulnerable and because of their circumstances, experiences or state of mind may be led to a terrorist ideology. Early identification of these signs by you will give the PREVENT Delivery Unit (PDU) an opportunity to intervene and reduce the individual’s vulnerability and susceptibility to become involved in or supporting terrorism It’s important to remember that PREVENT deals with all forms of terrorism and does not focus on any one community. PREVENT offers a positive future when a vulnerable person could otherwise have been heading for a criminal record or worse. Statutory Duty Section 26 of the Counter-Terrorism and Security Act 2015 places a duty on certain bodies to have, in the exercise of their functions, “due regard to the need to prevent people from being drawn into terrorism”. Under Schedule 6, Part of the Counter-Terrorism and Security Act 2015; certain bodies are:- Local government Criminal justice Education, child care, etc. Health and social care Police What Does That Mean For You? Individuals can be drawn towards supporting terrorism in a number of different ways, many of which may overlap. In truth, signs of someone being radicalised will look a lot like other welfare concerns. PREVENT relies on frontline officers to recognise the behavioural signs that give cause for concern about an individual’s welfare, without getting caught up on whether the motivations are terror- related or not. It is important to remember that there does not need to be any direct evidence of criminal behaviour for an individual to be referred to PREVENT. 21 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism The safeguarding of vulnerable people from radicalisation is no different to safeguarding them from other forms of harm. Here are some of the vulnerabilities that may be present in individual cases of concern. The list is not exhaustive; some individuals may show all or none of the following signs:- susceptibility to radicalisation social networks being at a transitional time in life a need for identity, meaning or belonging being influenced or controlled by a group opportunistic involvement feelings of grievance and injustice feeling under threat relevant mental health issues a desire for status a desire for excitement and adventure a need to dominate and control others a desire for political or moral change What do YOU do? We looked at the four “P’s” earlier and discussed how they are the framework or reducing the risk of terror attacks taking place. To ensure we are maximising the opportunities for intelligence capture, ensure that you submit a REFRACT SID/add a REFRACT STORM marker when dealing with any call or incidents that meets the previously mentioned concerns. Attend call - Officers should address any emerging adult/child protection issue as normal PREVENT is not designed to replace these provisions but can supplement them or be initiated independently Vulnerability Identified – Vulnerabilities may take many forms, that can contribute to an individuals susceptibility to radicalisation 22 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism REFRACT –Submit iVPD Submit SID Log REFRACT Header Ensure the individual is the subject of concern within iVPD and provide all information available to allow for an accurate assessment What Happens Next? REFRACT log noted by CT Intelligence and raised within daily triage for further assessment/action Daily Triage attended by Prevent Delivery Unit (PDU) who are actioned with subjects of concern Assessed by PDU which will result in either no action, Prevent Case Management (PCM) - multi agency or PCM - Police led process iVPD will be processed by divisional Concern Hub Use of REFRACT The term REFRACT was adopted in the first instance by West Mercia Police in 2006 and has been adopted throughout the UK and used within Scotland since 2009. By using the REFRACT marker, the FIMU (Fixed Intelligence Management Unit) are able to research intelligence systems in order to provide an initial assessment of the information and, if necessary, add or remove the REFRACT marker. This in turn allows us to measure and record our strategic response to intelligence requirements issued by the Force and gauge response to those issues of a CT nature causing greatest concern. Historically, REFRACT was agreed to as the umbrella term to cover all Operation Lighting (suspicious activity or hostile reconnaissance), Operation Camion (theft of liveried vehicles) and Operation Trammel (fraud for terrorist funding). Since its inception, the definition of the term has developed to include all information relating to national security, including:- International terrorism Northern Ireland related terrorism (NIRT) Right Wing terrorism (RWT) Left, Anarchist and Single Issue terrorism (LASIT) 23 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism More information around the intelligence requirements for these areas are included in the relative sections for each ideology earlier in these notes. REFRACT should be used to record intelligence around:- Groups Individuals or organisations offering support to proscribed organisations Radicalisation/extremism or fundraising in support of proscribed organisations Suspicious or covert activity around education or religious establishments Individuals supports extremist activity through criminal acts or assisting with organisation and propaganda COMMUNITY INTELLIGENCE “Community Intelligence” can be defined as:- “information which is acquired either directly or indirectly from communities which enhances the decision making process in relation to the delivery of local policing activity including that relating to events, location, groups and/or individuals that are involved in or linked to terrorism or criminality”. As previously discussed, you will have often have unprecedented access to members of your community so take the opportunity to listen to what is being said and submit any relevant intelligence using a REFRACT SID header where applicable. 24 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism To report: Officers are encouraged to use the “REFRACT” marker on STORM and “REFRACT” header on SID to highlight any relevant incident, which will ensure that that it raised to the attention of the Fixed Intelligence Management Unit (FIMU) The FIMU also encourage Force Overview and individual officers to contact them direct at the earliest opportunity should the need require The FIMU can be contacted directly at 01236 814788 (24 hours/7 days) [email protected] Operation Fairway Operation Fairway is a national counter terrorist operation that gathers intelligence with the aim to identify terrorist activity. It is designed to:- Detect, Deter & Disrupt individuals who:- Engage in hostile reconnaissance of vulnerable sites or crowded places, or Seek to infiltrate target premises to facilitate a terrorists attack, or by the misuse of travel identity documents, facilitate a terrorist attack, or seek to use a liveried vehicle to deliver a vehicle borne improvised explosive device (VBIED) 25 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism There are three parts to the national intelligence operation. These are:- Op. LIGHTNING Op. CAMION Op. TRAMMEL Hostile Reconnaissance Terrorists consistently aspire towards a high impact attack on a high profile target. However, during their initial planning and reconnaissance they realise those ambitions are limited by their resources, skills and ability to overcome protective security measures. The key to any successful terrorist attack is planning and reconnaissance. It is likely that reconnaissance will start in the early stages with many potential sites being scoped, although they will not necessarily become the eventual target. The scoping is undertaken to assess whether the terrorists have the capability to attack that target successfully. They are also likely to build up photographic or video records of potential targets and will use the internet to support this process. Increasingly such footage will also form part of the post-attack propaganda for the terrorists Operation Lightning This operation aims to identify:- Persons acting suspiciously At or near:- Prominent or vulnerable structures or buildings Travel infrastructure or crowded places These reports can originate from you, your colleagues or members of the public. 26 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism If the suspicious person(s) have NOT been stopped:- You should fully investigate and attempt to identify any suspects as well as gathering as much detail as possible for inclusion in your REFRACT SID log. Your REFRACT SID log should include:- The exact location of the incident The best description of the person(s) seen or stopped Details of any conversations with the suspect(s) or words overheard from the suspect(s) An explanation of why the informant, and/or you or colleague, believes the behaviour to be suspicious and related to terrorism Confirm whether CCTV covers the area. Where possible attempt to locate, view then seize any recording. If it cannot be seized then include contact details of how and when it can be seized If the member of the public is reluctant to share information directly then you should encourage them to call CRIMESTOPPERS where they can give the information confidentially and anonymously. If the suspicious person(s) are stopped:- They should be asked to account for their activity and consideration should be given to searching them. Record the explanation given and question it appropriately Confirm their identity with documents where possible, and record a full description of them Record any references from ID on nationality and place of birth Operation Camion This is a partnership project involving all the police services within the UK, the United Kingdom Oil Industry, the Road Haulage Association and the Ministry of Defence (MOD). 27 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism It is based on statistical knowledge that certain types of vehicles have been deliberately procured by terrorists and used in attacks worldwide. This operation is designed to identify and deal with individuals who may be engaged in the theft of vehicles that support terrorist groups. The types of vehicles which are of concern are:- Vehicles containing hazardous material Emergency services vehicles Military vehicles which would not attract suspicion Any other liveried vehicle that might be allowed access to sensitive or vulnerable premises because of its appearance Hazardous materials vehicles are obviously a danger in their own right, whilst emergency service and military vehicles have been used to target sensitive locations by breaching protective security. Liveried vehicles that may raise concern include:- Post office vehicles Local authority vehicles Utilities vehicles Emergency breakdown vehicles Government agencies or diplomatic vehicles Where the theft of any liveried vehicle is concerned, the FIMU should be contacted for advice and guidance. As with Operation Lightning the incident should be fully investigated and the local FIMU contacted for advice. The theft should also be circulated to TruckPol, which is a national database for theft of all HGVs and associated vehicles. A crime report should be completed for the theft and a REFRACT SID log submitted. 28 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Operational Trammel This operation is intended to identify the activities of individuals whose fraudulent criminal activity throughout the United Kingdom is used to support international terrorist groups. The types of crimes under investigation are:- Theft Deception including fraud, forgery, counterfeiting, possession of forged instruments, pecuniary (relating to or consisting of money) advantage Cash seizures Experience has shown that individuals linked to international terrorism are likely to be in possession of false documentation and may be obtaining funds via low value deception. Where an arrest has been made involving the possession of forged identity documents, counterfeit credit cards or cheque books and allied forms of deception the subject should be compared with the key indicators for potential involvement in terrorism. The following list of key indicators is just a guide and is not exhaustive:- Males between the ages of 18-45 years They originate from North Africa, Middle East, Indian sub- continent or the Horn of Africa They have resided in areas of recent armed conflict They are in possession of false travel or identity documents They are travelling to countries known for terrorist training They are in possession of false documents to gain employment in sensitive or vulnerable buildings or companies They have documents indicating multiple fraudulent bank accounts Wherever terrorism is suspected, the FIMU should be contacted and a REFRACT SID log and REFRACT STORM marker created. 29 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Where there is a suspicion of involvement in terrorism, no approach should be made to any organisation for which receipts or documents are found without prior consultation with the FIMU. Key Information KI Your reports count. You have a vital role in countering terrorism. Following this lesson please refer to the following: Search ‘Your vital Role’ on the Intranet homepage or type the following link into your browser: https://spi.spnet.local/policescotland/news/P ages/Help-spot-would-be-terrorists---MI5- and-CT-Policing-show-you-how.aspx ACT Moodle Package 30 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Appendix – Proscribed Group Case Studies International Terrorism Case Study – 3rd September, 2021) at Birmingham Crown Court, Hisham Chaudhary was sentenced to 12 years imprisonment with an extension of an additional five years on licence. Chaudhary was found guilty in July of seven terrorism offences, including membership of a proscribed organisation, entering into terrorist funding arrangements and disseminating terrorist publications. On 6th July, 2021, following a five week trial at Birmingham Crown Court he was convicted of being a member of Daesh. Hisham Chaudhary (04/02/93) was found guilty of seven terrorism offences, including membership of a proscribed organisation, entering into terrorist funding arrangements and disseminating terrorist publications. During an investigation in 2019, led by Counter Terrorism Policing North East, supported by Counter Terrorism Policing East Midlands and Leicestershire Police, Detectives uncovered considerable evidence to demonstrate he was a trusted and active member of the banned terrorist group, one that not only subscribed to their ideology, but also immersed himself in supporting their activities and creating and spreading propaganda on their behalf. Operating largely online, Chaudhary was able to serve the objectives of the organisation from within the UK, by promoting violent jihad, 31 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism providing safe communication networks for like-minded individuals and sourcing money to assist other members. Chaudhary created videos to spread the ideology of Daesh and to call others to arms. He did so using platforms popular with the group and went to great lengths to ensure they reached the right audience. He even sought assistance to protect the legacy of his videos, to prevent them from being deleted or taken down. Financial investigators also revealed that Chaudhary had deliberately developed his understanding and use of the Cryptocurrency Bitcoin. He frequently used the technology to receive and transfer thousands of pounds, paying smugglers to liberate Daesh supporters from detention camps in Syria. One senior Counter Terrorism Officer stated “Proscribed organisations present a very real risk to our security, to the safety of communities both within the UK and overseas. Anyone demonstrating support for such a group, in any form, will be prosecuted without exception. “Hisham Chaudhary has tried to present himself as a humanitarian. He is in fact a terrorist and has been recognised as such by the court.” Chaudhary was charged with seven offences under the Terrorism Act: Four counts of Disseminating Terrorist Publications, contrary to Section 2 of the Terrorism Act 2006. One count of Membership of a Proscribed Organisation, contrary to Section 11 of the Terrorism Act 2000. Two counts of Entering a Funding Arrangement, contrary to Section 17 of the Terrorism Act 2000 32 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism NIRT Case Study New IRA investigation: Two men appear in court accused of directing New IRA activities after a surveillance-led investigation David Jordan, 49, from the Dungannon area is allegedly attempted to develop a relationship with a government "hostile to the UK". His co- accused, Palestine-born doctor Issam Bassalat, 62, of Edinburgh, was arrested at Heathrow Airport on Saturday. Bassalat is charged with a preparatory act of terrorism. This charge alleges that Bassalat "attended and addressed a meeting of the Irish Republican Army" in Omagh on 19 July. Jordan is accused of attending this meeting and another in Six mile cross on 9 February. Jordan is further suspected of belonging to a proscribed organisation and two counts of preparatory acts of terrorism. Extreme Right Wing Case Study National Action - Proscribed December 2016 National Action is a racist neo-Nazi group that was established in 2013. It has a number of branches across the UK, which previously conducted provocative street demonstrations and stunts aimed at intimidating local communities. Its activities and propaganda materials are particularly aimed at recruiting young people. The group is virulently racist, anti-Semitic and homophobic. Its ideology promotes the idea that Britain will inevitably see a violent ‘race war’, which the group claims it will be an active part of. The group rejects democracy, is hostile to the British state and seeks to divide society by implicitly endorsing violence against ethnic minorities and perceived ‘race traitors’. 33 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism National Action’s online propaganda material, disseminated via social media, frequently features extremely violent imagery and language. It condones and glorifies those who have used extreme violence for political or ideological ends. This includes tweets posted by the group in 2016, in connection with the murder of Jo Cox(which the prosecutor described as a terrorist act), stating “Only 649 MPs to go” and a photo of Thomas Mair with the caption “don’t let this man’s sacrifice go in vain” and ”Jo Cox would have filled Yorkshire with more sub-humans!”, as well as an image condoning and celebrating the terrorist attack on the Pulse nightclub in Orlando and another depicting a police officer’s throat being slit. The images can reasonably be taken as inferring that these acts should be emulated and therefore amount to the unlawful glorification of terrorism. The government laid an Order in September 2017 which provides that “Scottish Dawn” and “NS131 (National Socialist Anti-Capitalist Action)” should be treated as alternative names for the organisation which is already proscribed as National Action. The government laid an Order in February 2020 which provides that “System Resistance Network (SRN)” should be treated as an alternative name for the organisation which is already proscribed as National Action. 34 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism The conviction of a Fife man for terrorism and other offences was welcomed by Police Scotland. Sam Imrie (24) threatened to set fire to an Islamic centre in Glenrothes in 2019 and was found guilty at the High Court in Edinburgh today, Wednesday, 27 October 2021. Imrie, 24, was arrested in July 2019 after he posted messages on social media saying he was planning to set fire to the Fife Islamic Centre. Imrie was convicted on two charges of breaching the terrorism act. He was also convicted of wilful fire raising, possessing child and "extreme" pornography and drink-driving. Imrie became "steeped" in right-wing ideology and started to "hate" Muslims after looking at extremist content on websites such as 8Chan and messaging app Telegram. Imrie posted online: "All my heroes are mass murderers." Imrie "glorified" the activities of Anders Breivik - the terrorist who slaughtered 77 people in Norway in 2011. He also studied the exploits of the far right activist Brenton Tarrant who slaughtered Muslims praying at their mosques in Christchurch, New Zealand, in March 2019. Imrie also reportedly said to have wanted Scotland's First Minister Nicola Sturgeon "to die" because of her attitudes to immigration. 35 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism His arrest came after the Metropolitan Police in London infiltrated the "FashWave Artists" group on Telegram, on which Imrie had posted messages, images, videos and gifs. Imrie was subsequently convicted of a terrorism charge of making statements on Telegram and Facebook which encouraged acts of terrorism. A second charge reported Imrie made a "record of information" which would be useful to somebody who was committing acts of terrorism. LASIT Case Study An Edinburgh man who armed himself with a high-powered crossbow and a foot-long machete has been convicted of terrorism charges and jailed for 10 years. Gabrielle Friel, 22, was found guilty of offences under the Terrorism Act. He admitted being obsessed with mass killings such as the Columbine High School massacre but denied that he was planning to carry out such an attack in Scotland. Friel was convicted of possessing weapons in circumstances giving rise to the reasonable suspicion they were for "a purpose connected with terrorism". Passing sentence at the High Court in Edinburgh, Lord Beckett told him: "There is no suitable alternative to a custodial sentence. It is necessary to punish you, to seek to deter you and others from acquiring articles for the purposes of terrorism." The judge said there was no justification in Friel's background for what he had done. 36 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Weapons included a high powered Crossbow, machete and a ballistic vest. The crossbow had a telescopic sight, and was accompanied with steel tipped crossbow arrows. Friel had said he felt "an affiliation" with Californian mass murderer Elliot Rodger. Rodgers, who killed six people in a stabbing and shooting spree in Isla Vista, California, in May 2014, became a key figure in the incel (involuntary celibate) movement. Friel told the jury that mass shooting was a "fantasy" for him and that he had empathy for Rodger. 37 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism For further information, use the resources shown below:- Specialist Crime Division Intranet Page Review: You can define the terms ‘terrorism’ and ‘terrorist’ as provided within the Terrorism Act 2000 You can state your police powers under Sections 41 and 43 of the Terrorism Act 2000 You can explain the current threat from terrorism and define the national security threat levels You can define national counter terrorism intelligence requirements including: When to submit a REFRACT intelligence report The need for community intelligence 38 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 39 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 10 Counter Terrorism 40 Scots Criminal Law: Introduction and Investigation OFFICIAL