The Prevent Duty: The Legal Wider Context

Case Study

Terrorism Definition from Terrorism Act 2000: The use or threat of action (serious violence against a person, serious damage to property, endangering a person’s life, serious risk to the health or safety of the public or a section of the public, serious interference/disruption of an electronic system) designed to influence the government or to intimidate the public or a section of the public, made for the purpose of advancing a political, religious, racial or ideological cause.

Extremism Statutory guidance is based on the premise that people who are drawn into terrorism are often first exposed to extremism: “Vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and the mutual tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of the armed forces.” Covers both violent and non-violent extremism.

Freedoms Freedom of speech within the law. Use of premises not to be denied on grounds of policy or belief. Academic freedom within the law. Freedom of expression (Art 10). Freedom of thought, conscience and religion (Art 9). Protection from discrimination (Art 14).

Equality Act Protected characteristics Direct discrimination Religion and belief Sexual orientation Direct discrimination Harassment Public sector equality duty

Criminal Law Offences under the Public Order Act 1986: Intentional harassment, alarm or distress. Acts intended or likely to stir up racial hatred. Acts intended or likely to stir up religious hatred or hatred on the grounds of sexual orientation. Protection from Harassment Act 1997. Publications directly or indirectly encouraging terrorism (Terrorism Act 2006). Reporting duties under Terrorism Act 2000.