Britain has now attached terrorism-connected consequences to criminal-damage convictions that were not terrorism convictions. The Guardian reported that four Palestine Action activists were jailed after a judge found a terrorist connection to the offending under section 69 of the Sentencing Act, even though the convictions themselves arose from criminal damage and, for Samuel Corner, grievous bodily harm without intent. [1]
The paper's June 13 account of the factory-raid sentences putting protest law on record argued that the Bristol case had to stay inside the court file: damage, injury, prison terms, parole rules, and terrorism-connected language. Sunday's sharper point is that the language now carries consequences beyond the ordinary protest-law story.
The Guardian gives the sentence ledger. Charlotte Head and Leona Kamio each received five years, Fatema Rajwani received four years and eight months, and Corner received seven years and eight months after also being convicted over Sgt Kate Evans's injury. [1] The four will also spend an additional year on licence and face 15 years of terrorist notification requirements. [1]
openDemocracy's account explains the mechanism that makes those numbers more than sentence lengths. In England and Wales, a defendant does not need to be convicted of a terrorism offence to be sentenced as terrorist-connected; a court can find that an ordinary criminal offence meets the Terrorism Act definition when serious damage to property is carried out for a political or ideological cause and one purpose is to influence a government. [2]
That mechanism changes the civil-liberties question. A person may be punished for the crime of conviction, but the court's terrorism-connection finding can affect time served, licence conditions, notification duties, devices, bank accounts, travel, and daily life after release. openDemocracy reported that jurors were not told a guilty verdict on criminal damage could lead to sentencing as terrorists. [2]
The record is not clean enough for slogans. The Guardian reports 1.2 million pounds of damage, 41 military assets damaged, a judge's finding of a planned and sophisticated attack, and Corner's use of force against a police officer. [1] Those facts are not incidental. They are the reason the court file cannot be reduced to martyrdom.
Nor is the terrorism mechanism incidental. The Guardian quoted the judge saying the offences were designed to intimidate the UK government and a section of the public and to advance a political or ideological cause. [1] openDemocracy records the defense alarm that the finding was effectively a route to more serious punishment without a terrorism conviction by a jury. [2]
The X argument will be faster than the appeal. Repression, terrorism, vandalism, Palestine, arms factories, police injury, and state power all invite moral instant replay. The paper's job is slower: name the sentence, name the conviction, name the section 69 finding, and keep separate what the jury convicted from what the judge attached.
That distinction is not a technicality. It is the story.
-- ANNA WEBER, Berlin