10/04/2022 | Press release | Distributed by Public on 10/04/2022 10:17
Counter-terrorism legislation should not hinder legitimate humanitarian, development and peace building organisations from operating overseas, the CPS has said today.
Specialists from the Crown Prosecution Service have produced a framework of some of the public interest considerations which would be made when considering whether or not to prosecute in a case.
The new guidance follows a recommendation from the Independent Reviewer of Terrorism Legislation, who advised it be developed to cover the potential areas of proscribed terrorist groups and terrorist financing.
It remains the responsibility of organisations working overseas to ensure that their activity complies with UK law and the law of the country they are operating in and to take all reasonable steps to reduce the risk of non-compliance.
Max Hill KC, Director of Public Prosecutions, said: "We understand the challenges aid agencies, humanitarian workers and peacebuilders face when working in conflict zones or unstable regions of the world.
"The CPS is committed to ensuring that counter-terrorism legislation is applied correctly and transparently, and we have identified these public interest factors as likely to help us in that decision making.
"However, this is a very complex area so it's important to note this is not an exhaustive list and any case which was passed to us would be judged on its own merit."
This guidance provides information on proscription offences and terrorist financing offences; it does not cover sanction regulations or any related criminal offences.
The public interest factors that prosecutors may consider in cases are:
No individual from an international NGO has ever been prosecuted by the CPS for terrorism offences relating to humanitarian, development or peacebuilding work.
Terrorism related offences committed overseas require review by the Attorney General who must give consent to prosecute.
The CPS Counter Terrorism Division prosecutes terrorism cases, including individuals alleged to have committed offences overseas. It deals with other complex casework areas including allegations of incitement to racial and religious hatred, war crimes and crimes against humanity, official secrets cases, piracy and hijacking.
Terrorism related offences committed overseas require review by the Attorney General who must give consent to prosecute.
The new guidance follows a recommendation from the Independent Reviewer of Terrorism Legislation, who advised the guidance be developed.
Other published guidance is also available for NGOs.