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147400
star this property registered interest false more like this
star this property date less than 2014-11-10more like thismore than 2014-11-10
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading British Nationals Abroad: Armed Conflict more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether they intend to prosecute jihadis who have fought with ISIS and return to the United Kingdom; and if not, why not. more like this
star this property tabling member printed
Lord Blencathra more like this
star this property uin HL2804 remove filter
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-11-24more like thismore than 2014-11-24
star this property answer text <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>
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2014-11-24T17:26:25.463Zmore like thismore than 2014-11-24T17:26:25.463Z
unstar this property answering member
630
unstar this property label Biography information for Lord Wallace of Tankerness more like this
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra remove filter