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* Home Office Policy paper DESIGNATED AREA OFFENCE FACTSHEET (ACCESSIBLE VERSION) Updated 15 September 2020 This was published under the 2016 to 2019 May Conservative government CONTENTS *
What are we going to do? * Key quote * How are we going to do it? * Background * Will this new offence be retrospective? * Will there be a reasonable excuse for travelling to a designated
area? * How will you be able to prove that an individual has been in a designated area? * Key facts Print this page © Crown copyright 2020 This publication is licensed under the terms of the
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from the copyright holders concerned. This publication is available at
https://www.gov.uk/government/publications/counter-terrorism-and-border-security-bill-2018-factsheets/designated-area-offence-factsheet-accessible-version WHAT ARE WE GOING TO DO? Create an
offence of entering, or remaining in, an area outside the United Kingdom that has been designated in regulations made by the Home Secretary. KEY QUOTE > In the scenario of a future
conflict that was attracting foreign > fighters from the UK, we see real operational value in a Designated > Area Offence. Such a power would have a deterrent effect to some of >
those who would seek to travel, and be a helpful disruptive and > punitive tool upon return. Assistant Commissioner Neil Basu, National Lead for Counter-Terrorism Policing HOW ARE WE
GOING TO DO IT? THE ACT: * Creates an offence of entering, or remaining in, an area outside the United Kingdom that has been designated in regulations made by the Home Secretary. Entering or
remaining in a designated area solely for one or more exempted purposes will not be an offence; a reasonable excuse defence will also be available. * The test for designating an area would
be that the Home Secretary, having consulted the Foreign Secretary, is satisfied that it is necessary to restrict UK nationals and residents from travelling to or remaining in the area for
the purpose of protecting the public from a risk of terrorism. * The offence will carry a maximum penalty of 10 years’ imprisonment, and will be in scope for extended sentence provisions
under the Criminal Justice Act 2003 and equivalent legislation in Scotland and Northern Ireland. BACKGROUND * Foreign terrorist fighters present a significant threat to the UK and other
countries. For example, since 2014, we have seen large numbers of individuals travelling to Iraq and Syria to engage in terrorist-related activity. * The Act extends extra-territorial
jurisdiction to a number of additional terrorist offences so that those returning who have engaged in further types of terrorist conduct can be prosecuted, but the Government believes that
it can do more to prevent UK nationals and residents from travelling abroad to take part in or help sustain future foreign conflicts. * In his evidence to the Public Bill Committee,
Assistant Commissioner Neil Basu, the National Lead for Counter-Terror Policing, was clear that a new offence of banning travel to designated conflict zones would help to tackle the threat
posed by foreign fighters. WILL THIS NEW OFFENCE BE RETROSPECTIVE? * No. The offence will not allow the retrospective prosecution of those who have already travelled overseas to fight, such
as in Iraq and Syria, but it will assist in a future conflict to which UK nationals or residents seek to travel. WILL THERE BE A REASONABLE EXCUSE FOR TRAVELLING TO A DESIGNATED AREA? * The
Act contains a number of exempted purposes for travelling to a designated area; these are providing aid of a humanitarian nature, carrying out work as a journalist, satisfying an obligation
to attend court, carrying out work for the United Nations or an agency of the United Nations, carrying out work for the government of a country other than the UK, or attending the funeral of
a relative or visiting a terminally ill relative. * It also provides a defence for individuals who have a reasonable excuse falling outside of these exemptions. * The offence would not
apply to a person who is in the service of, or acting on behalf of, the Crown (for example, as a member of the armed forces). * Once an area has been designated, there will be a grace period
of one month to allow a person within the area to leave before the offence takes effect. HOW WILL YOU BE ABLE TO PROVE THAT AN INDIVIDUAL HAS BEEN IN A DESIGNATED AREA? * We do not comment
on operational activity which may be used to gather evidence. * However, the police are confident that they will be able to evidence cases where an individual has entered or remained in a
designated area to the required criminal standard. KEY FACTS * The ‘made affirmative’ procedure will apply to the regulations made by the Home Secretary so that the regulations will come
into force quickly, but ensuring that they will still be subject to parliamentary debate and approval. * Both Denmark and Australia have a similar offence, which have been used in relation
to the conflict in Iraq and Syria. * More than 900 individuals of national security concern from the UK have travelled to engage with the conflict in Syria. Back to top