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<p>If there is evidence that people are going to Syria to engage in terrorist activity
they can be arrested and prosecuted. Each case is considered individually in accordance
with the rules of the applicable criminal law jurisdiction. In England and Wales if
the police refer a case to the Crown Prosecution Service (CPS), they consider whether
the test in the Code for Crown Prosecutors is met; that is whether there is sufficient
evidence of any offence, and if so, whether it is in the public interest to prosecute.
A similar public interest approach is taken by the office of the Lord Advocate, the
sole prosecuting authority for Scotland.</p><p> </p><p> </p><p> </p><p>Whether an
individual is arrested or prosecuted for a terrorism offence will always depend on
the facts and circumstances of the case and is an operational decision for the police
and responsible prosecuting authority. Safeguards are built in to our legislation
and we rely on the professionals involved to make sure that prosecutions are pursued
in appropriate cases. Whether any specific act falls within the definition of ‘terrorism’
and whether any individuals or groups have committed an offence will always depend
on all facts and circumstances of the case. Depending on the specific circumstances,
anyone who becomes involved with fighting overseas may be prosecuted under the applicable
law on their return<strong>.</strong></p><p> </p><p> </p><p> </p><p> </p><p> </p><p>A
very wide range of offences already exists on the statute books that can be used to
prosecute such individuals and to manage the risk they may pose on return, including
in the Terrorism Acts 2000 and 2006 which provide extra-territorial jurisdiction in
relation to certain activities. In particular, where there is evidence that individuals
are planning, promoting, funding, facilitating or participating in terrorist activities
overseas - including involvement in fighting for terrorist groups - the relevant authorities
will seek to prosecute them, before they go or on their return.</p><p> </p>
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