Know Your Rights: Proscribed Organisations & De-proscription Application
What does “proscription” mean?
The government defines a “proscribed organisation” as one that the Home Secretary assesses to be concerned in terrorism, and believes it is therefore proportionate to proscribe them.
Proscription means that an organisation is banned and certain activities in support of it
are deemed unlawful and amount to arrestable offences.
Why would the Government want to proscribe an organisation?
It makes it easier for police to make arrests and to use the law as a deterrent and a disruption mechanism.
This includes criminal prosecutions as well as the removal of online material related to the organisation, and confiscation of property.
What are some examples of proscribed organisations?
There are currently around 94 entities on the Government’s “proscribed” list. These include:
Hamas
The Irish Republican Army
National Action
Hizb ut Tahrir
What happens when an organisation is proscribed?
Under the Terrorism Act 2000, it is a criminal offence to be a member of a proscribed organisation. It is also illegal to support a proscribed organisation, fund, invite and/or encourage support for the organisation.
This limits what can be shared, spoken about, or produced online and in-person, as such
actions could be deemed as “support” of the organisation and/or its activities.
To read more about the specific offences, please refer to the legislation here: https://www.legislation.gov.uk/ukpga/2000/11/part/II/crossheading/offences
Hamas is a proscribed organisation. Can I support Hamas (Harakat al-Muqawama al-Islamiyya / Islamic Resistance Movement)?
It is unlawful to express support for Hamas. It is also a criminal offence to encourage others to support Hamas.
How is an organisation removed from the list of “proscribed organisations”?
This process is called de-proscription. An organisation (or a third party affected by the proscription), can formally request that it be removed from the list of proscribed organisations via a legal application to the Home Secretary.
There is the right of appeal to a specialist tribunal if the application is refused.
What is the application to de-proscribe Hamas?
An application has been submitted to the Home Secretary by lawyers representing Harakat al-Muqawama al-Islamiyya (Hamas) to remove it from the list of proscribed organisations i.e. to de-proscribe the organisation in the United Kingdom.
On what grounds is this application being made?
The application is being made on three legal grounds which you can read more about here: https://hamascase.com
How is CAGE involved in the application for de-proscription?
The legal application is being made by a team of lawyers and barristers, on behalf of their client (Hamas). Over 20 expert submissions have been made by notable academics, scholars and other professionals. These include a former ad hoc judge of the International Court of Justice (ICJ), and a professor at Oxford university among a number of Palestinian experts.
CAGE has submitted an expert report as part of this application.
Can I discuss or comment on this legal application?
Yes.
It is permissible to endorse and back the right of any organisation (or affected parties) to request its removal from the proscription list and the exercise of the legal right of doing so. It is a right created by Parliament to allow for de-proscription applications to be made within a specific legal framework.
Does this mean I can advocate for the deproscription of Hamas?
There is a risk that such advocacy could be perceived as support unless it is made
absolutely clear that any comment is rooted, predicated and framed around the exercise of
the de-proscription application.
You may wish to include disclaimers that any comment/post is not to be taken as support for any proscribed organisation. In any event, we advise you to seek independent legal advice.
Can I share news or updates about the application which calls for the deproscription of Hamas?
Yes.
You can and should share information and updates about the legal application, as long as you do not express support for Hamas.
What could happen if I breach counter-terrorism laws?
If police suspect that you have committed a criminal offence, they may choose to investigate your actions. This might include you being contacted for a voluntary interview.
Should they assess that your actions cross a criminal threshold, you could face prosecution.
If you have been contacted by police, please call CAGE on 0300 030 2243.
For more information on how to interact with counter-terrorism police, please consult our ‘Know Your Rights’ pages, or call us for further information.
I am a foreign national. What do I need to be aware of regarding my visa and immigration status?
You are subject to the same legislation and legal restrictions as anyone else in the UK.
Depending on your particular situation, your immigration status may be affected. Should you have any questions, please seek specialist legal advice.
You can find a suitable list of Immigration and other specialist solicitors via the Law Society "Find a Solicitor" portal.
What if I live/work outside of the UK?
If you are a British national abroad, some criminal offences create an extra territorial
jurisdiction regardless of your status in the country in which you reside.
Additionally, domestic law will differ from country to country - please ensure to familiarise yourself with the applicable legislation in your region and seek legal advice.
So how can I support this application?
There are a number of ways in which you can support this application, they include:
- Raising awareness about the application by sharing news, updates and factual reporting
- Limiting discussion about the application to only what is included within the application itself
- Understanding your rights and responsibilities in relation to terrorism offences
It is important to always remember that any public expression that may be considered support of Hamas, could result in criminal prosecution.
_*Please note that this document is not intended to constitute legal advice. _
Photo by Steve Cadman
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