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Birchington
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B859 - Treason and Terrorism Bill, TSR Labour Party

Treason and Terrorism Bill 2015
An act to establish the legal basis for treason charges and terrorism under a single statute.

Preamble: This bill establishes the nature of and punishments for crimes that, by their very nature, attack the state, endanger the public and disrupt the continued stability and governance of the United Kingdom with provisions made for acts of aggression against the Commonwealth realms, thus reenforcing our friendship with them.

BE IT ENACTED by the Queen's most excellent Majesty, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

1: DEFINITIONS
(1) 'treasonous crimes' is defined as any crime listed under Section 4, Section 5, Section 7 and Section 8 of this Act.
(2) 'Commonwealth realm(s)' is defined as a sovereign nation that is a member of the Commonwealth of Nations that shares a constitutional monarch and line of succession with the United Kingdom.
(3) 'terrorism' is defined under Section 1 of the Terrorism Act 2000.
(4) 'radiological device' is defined as any weapon that is designed to spread radioactive material with the intent to kill and cause disruption.
(5) 'nuclear device' is defined as any explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion.

2: INTERPRETATION
(1) Treasonable offences shall be classed under one of the following 2 crimes:
i. High Treason
ii. Felony Treason
(2) All matters of treason are reserved matters to the UK Parliament and shall apply equally throughout the United Kingdom.
(3) Any citizen or resident of the United Kingdom is liable to be charged with treason for the crimes listed in Section 4, Section 5, Section 7 and Section 8 of this Act.

3: REPEALS
(1) The Treason Act 1351 is hereby repealed.
(2) The Treason Act 1702 is hereby repealed.
(3) The Treason Act (Ireland) 1703 is hereby repealed.
(4) The Treason Act 1708 is hereby repealed.
(5) The Treason Felony Act 1848 is hereby repealed.
(6) Section II of The Crown of Ireland Act 1542 is hereby repealed.
(7) Passages of the Terrorism Act 2006 that conflict with this Act are hereby repealed.
(8) Passages of the Forgery and Counterfeit Act 1981 that conflict with this Act are hereby repealed.

4: CRIMES CONSTRUING HIGH TREASON
(1) To murder or kidnap or attempt to murder or kidnap:
i. the Head of State
ii. a sitting member of either House of Parliament
iii. a Justice of the High Court (including the High Court of the Justiciary)
iv. a Justice of the Supreme Court of the United Kingdom (including the President and Deputy President of said Supreme Court)
(2) To fail to surrender to the state its munitions and fortifications of war within 7 days of being commanded to surrender them.
(3) To levy war against the state (including joining military forces engaged in conflict against the state and her allies).
(4) To aid or give shelter to those who levy war against the state.
(5) To move or stir any foreigner to wage war against the United Kingdom, her allies or any of the Commonwealth realms.
(6) To deprive the rightful Head of State (as established in the law of the land) of their title and powers by means of violence.
(7) To deprive a duly elected or, where applicable, appointed member of either House of Parliament or of any of the devolved assemblies of their position by means of violence.
(8) To seek to compel the Head of State or either House of Parliament to take certain actions by threat of war, violence or terrorism.
(9) To seek to force a change of government by threat of war, violence or terrorism.

5. CRIMES OF TERRORISM AS HIGH TREASON
(1) To commit an act of terrorism.
(2) To make or possess a radiological device or nuclear device.
(3) To engage in any conduct in preparation for an intended act of terrorism (including conspiracy to commit an act terrorism).
(4) To use radioactive materials or devices in a terrorist attack (including the sabotage and attempted sabotage of nuclear facilities to cause a radiation leak).

6: PUNISHMENT (HIGH TREASON)
(1) The crimes listed in Section 4 and Section 5 will be punishable by up to 150 years of imprisonment without early release.
(2) The crimes listed in Section 4 will have a mandatory minimum sentence of 10 years imprisonment.
(3) The crimes listed in Section 5 will have a mandatory minimum sentence of 15 years imprisonment.

7: CRIMES CONSTRUING FELONY TREASON
(1) To advocate, encourage or recommend in spoken words or writing or by some other expression the crimes listed in Section 4 and Section 5.
(2) To affect or attempt to affect the decisions of a member of either House of Parliament via bribery (under the Bribery Act 2010).
(3) To knowingly produce, distribute or use a counterfeit banknote or passport (including a document which can be used in place of a passport) or to have a machine designed for the production of these items without lawful authority or excuse.
(4) Where an individual may be charged with electoral fraud under the Representation of the People Acts 1983 and 1985, Elections and Referendums Act 2000, and the Electoral Administration Act 2006 they are also liable to be charged with Felony Treason where it can be determined that there was intent to subvert the democratic will of the electorate for corrupt purposes.

8. CRIMES OF TERRORISM AS FELONY TREASON
(1) To train others or receive training in terrorist activity.
i. This includes those present at a place where such training is going on either in the United Kingdom or abroad provided the person knew or reasonably believed such training was occurring.
(2) To disseminate publications relating to terrorism that are:
i. likely to be understood as directly encouraging terrorism, or
ii. includes information which is likely to be understood as being useful in the commission or preparation of an act of terrorism.
(3) Trespassing on Nuclear Sites under the Serious Organised Crime and Police Act 2005.

9: PUNISHMENT (FELONY TREASON)
(1) The crimes listed in Section 7 and Section 8 will be punishable by up to 30 years of imprisonment.
(2) The crimes listed in Section 7 will have a mandatory minimum sentence of 5 years imprisonment.
(3) The crimes listed in Section 8 will have a mandatory minimum sentence of 10 years imprisonment.
(4) The prisoner will become eligible for release at the halfway point of the custodial term, dependent on the Parole Board recommendation. If the prisoner is not granted parole at this point the prisoner is liable to serve the whole of the custodial term.
i. Where the fixed term sentence is less than 8 years this still applies.

10: MISCELLANEOUS PROVISIONS AND DIRECTIVES
(1) The powers of the Home Secretary under the Terrorism Act 2006 and the Prevention of Terrorism Act 2005 shall extend to the investigation and prevention of treasonous crimes.
(2) Police powers under the Counter-Terrorism Act 2008 shall extend to the investigation and prevention of treasonous crimes.
(3) The principle purpose of this legislation is the protection of the United Kingdom and her citizens and residents and the protection of the institutions of the state to this end as such the Crown Prosecution Service must consider wether prosecution under this legislation is in the public interest on a case by case basis.

11: COMMENCEMENT, SHORT TITLE AND EXTENT
(1) This Act may be cited as the Treason and Terrorism Act 2015.
(2) This Act shall extend to the United Kingdom; and
(3) Shall come into force immediately.


NotesThis bill provides clarity, tying together the mess of legislation that concerns treason and terrorism whilst providing harsher sentences in a time when the country seems ever more threatened by extremism at home and abroad. Essentially this is a modernisation of treason laws - a lot of which are ancient, partly written in French, and overly focused on people who've slept with princesses.

This Bill has several effects:
  • Crimes previously punished as acts of terrorism are now punished as acts of treason.
  • Republicanism is no longer treasonous as long as it isn't pursued through violence.
  • Acts of terrorism and other crimes now, in several cases, receive considerably higher minimum and maximum sentences.
  • Solves the constitutional conundrum over wether one can be charged with treason without being a British National.
  • The Home Department and Police have powers to prevent treason as well as terrorism.
  • Electoral fraud and counterfeiting (of bank notes and passports) are now, once again, treasonous.
  • The archaic, virtually unreadable legislation has been repealed.
  • The focus for High Treason has become more based around protecting the state than just the Royal Family.
Several pre-existing Acts are referenced in this bill - links to each of these is provided here in the order they appear in the bill:
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Jammy Duel
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A large chunk of this seems to be a case of "repeal old treason legislation and restate it"
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RayApparently
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(Original post by Jammy Duel)
A large chunk of this seems to be a case of "repeal old treason legislation and restate it"
You'll find copious notes explaining what this does and indeed a part of that involves repealing some very old legislation and replacing it with new definitions for old crimes, new punishments and new crimes.
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RayApparently
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Aye. Harsh but fair.

Electoral fraud, attempting to bribe MPs and printing fake money are treasonous crimes against the state as is terrorism and its high time we recognised that and established the framework for charging terrorists as traitors in a single concise format.
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James Milibanter
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(Original post by RayApparently)
Aye. Harsh but fair.

Electoral fraud, attempting to bribe MPs and printing fake money are treasonous crimes against the state as is terrorism and its high time we recognised that and established the framework for charging terrorists as traitors in a single concise format.
Hear Hear! AYE!
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Saracen's Fez
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Aye.

Another sensible and considered bill from the Labour Party.
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JoeL1994
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Raise 9(1) to 50 years and you have an aye from me.
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James Milibanter
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(Original post by JoeL1994)
Raise 9(1) to 50 years and you have an aye from me.
Why not Aye now and if it passes then raise the sentence after in an amendment?
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Rakas21
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Seems a step forward.
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JoeL1994
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(Original post by James Milibanter)
Why not Aye now and if it passes then raise the sentence after in an amendment?
Effort. Also if there are other improvements people may suggest to the Bill that your party decides to go along with it saves the rigmarole of discussion and division and stuff.

I mean for the sake of 20 years could it not just be changed on its way to lobby if your party (and others) agree?
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RayApparently
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(Original post by JoeL1994)
Effort. Also if there are other improvements people may suggest to the Bill that your party decides to go along with it saves the rigmarole of discussion and division and stuff.

I mean for the sake of 20 years could it not just be changed on its way to lobby if your party (and others) agree?
50 years is a massive potential sentence for someone who rigged an election.
Murderers don't even get that.

This bill couldn't possible pass with that addition - if you think this House would vote for that then you really must put it forward in your own bill I'm afraid.
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James Milibanter
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(Original post by JoeL1994)
Effort. Also if there are other improvements people may suggest to the Bill that your party decides to go along with it saves the rigmarole of discussion and division and stuff.

I mean for the sake of 20 years could it not just be changed on its way to lobby if your party (and others) agree?
Well there's always the possibility that changing it from 30 to 50 could become the downfall of the bill, so in the case that it can get through with 30 years isn't that better than nothing? Like I said, if passed it can be amended in future.
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JoeL1994
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(Original post by RayApparently)
50 years is a massive potential sentence for someone who rigged an election.
Murderers don't even get that.

This bill couldn't possible pass with that addition - if you think this House would vote for that then you really must put it forward in your own bill I'm afraid.
It's just I think the training or receiving training for terrorism should be harsher than 30 years...
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TheDefiniteArticle
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Would be strongly against 50 years. Current sentences for nearly all offences are too high so let's not extend that.

Rest is good.
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RayApparently
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(Original post by JoeL1994)
It's just I think the training or receiving training for terrorism should be harsher than 30 years...
Again you should right a bill for that then but I can't jeopardise this chance for meaningful reform by putting in that measure.

(Original post by TheDefiniteArticle)
Would be strongly against 50 years. Current sentences for nearly all offences are too high so let's not extend that.

Rest is good.
Thank you.
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JoeL1994
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Again you should right a bill for that then but I can't jeopardise this chance for meaningful reform by putting in that measure.
As James said 30 years is better than 0 years. Still one of the best bills I've seem this term, I'll concede.

Aye.
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Jammy Duel
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Remove Sections 7 and 8, thus 9, along with the relevant bits of other sections; 4.1.2, 4.1.3, 4.7, 4.9 and change 4.8 to just the sovereign (although I expect there are actually neater ways of doing 4.8 anyway) and you have an aye form me. In other words, you're not getting an aye from me.

I shall tomorrow have a look at what you are repealing and I expect I will come to the conclusion that for me to 'Aye' this would take it being rewritten to just define terrorist acts and declare them treasonous and change the penalty for treason.

Finally, bring back hanging!
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username456717
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Another fantastic bill from Labour.

An Aye from me.
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Jammy Duel
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Oh, and 8.1 is inherently flawed, I geuss all our armed forces, current and former, need to be done for terrorism.
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cranbrook_aspie
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Aye - fantastic bill. Hits the nail on the head.
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