The Guardian
Home secretary announces a new criminal offence for those who try to leave UK or fail to hand in passports while on pre-charge bail
Theresa May said: ‘We are determined to give the police the tools they need to fight terrorism and keep people safe.’ Photograph: Nick Ansell/PA
Terror suspects in the UK who attempt to flee the country or fail to hand over their passports will face jail under measures to toughen up the pre-charge bail regime.
A new criminal offence will be introduced as part of counter-terrorism legislation, the home secretary, Theresa May, announced on Wednesday.
The move follows claims that the pre-charge bail system is “toothless” amid controversy surrounding Abu Rumaysah, who was alleged to have appeared in a propaganda video released by Islamic State, also known as Daesh.
Rumaysah – born a Hindu named Siddhartha Dhar – was able to leave the country in 2014 despite being on bail and having been arrested six times. He left Britain with his family the day after being bailed, travelling to Paris and then Syria.
Six weeks after his disappearance, police wrote to Dhar reminding him of the need to hand over his passport.
The home secretary said: “We are determined to give the police the tools they need to fight terrorism and keep people safe. This tough new criminal offence will help stop suspected terrorists from fleeing the UK to join Daesh [Isis].
“We have already taken action to deal specifically with the problem of foreign fighters, including introducing powers to seize and hold the passports of those suspected of planning to leave the UK and take part in acts of terror.
“The measure will help the police protect people from the threat of terrorism – it underlines the government’s determination to tackle those who would do us harm or threaten our way of life,” she said.
An amendment to the policing and crime bill will make it a criminal offence for an individual released on pre-charge bail, following an arrest for a relevant terrorism offence, to breach any conditions of that bail that prohibit them from leaving the country.
It would apply to cases where an individual is arrested on suspicion of a terrorism offence listed in section 41 of the Counter-terrorism Act 2008, such as membership of a proscribed organisation, fundraising in support of terrorism, and encouraging terrorism.
Under the new clause, it would be an offence to breach bail conditions such as a requirement on an individual not to leave the UK, a requirement to surrender travel documents, and a requirement not to be in possession of any travel documents – even if they belong to someone else.
Anyone convicted faces a maximum penalty of 12 months’ imprisonment. Perpetrators could also be fined.
The move aims to close a loophole that means an individual who breaches pre-charge bail conditions can be arrested but will not face any further prosecution or criminal sanction for the violation.
This year Britain’s most senior counter-terrorism officer described the arrangements as weak and toothless. Appearing before MPs in January, Assistant Commissioner Mark Rowley disclosed that more than 100 terror suspects were on bail as investigations continued.
The shadow home secretary, Andy Burnham, said the move was a victory for Labour after the party pressure on the government. “It cannot be right that terror suspects on police bail are waltzing out of the country and it is essential that this loophole is closed as a matter of urgency,” he said.
“But we will need to see whether Theresa May’s proposals go far enough. It is essential that the police are able to request surrender of passports and travel documents as a condition of release from custody. Nothing less will stop people like Siddhartha Dhar travelling to Syria,” he said.
