Sue Hemming, head of the counter-terrorism and special crime division at the Crown Prosecution Service (CPS), has called for specific powers to be used in terror cases
Prosecutors have hit back at claims jihadis returning to Britain from Syria should not face justice amid a surge in terror cases.
Sue Hemming, head of the counter-terrorism and special crime division at the Crown Prosecution Service (CPS), has called for specific powers to be used against homegrown extremists who fought for ISIS.
She noted that charges such as murder were used often in such cases, but in many instances the conduct alleged needed to be prosecuted using the wide range of terrorism offences on the statute book.
Ms Hemming has also disclosed that the CPS is set to launch a recruitment drive in response to a spike in terror cases.
The call for new powers comes after an anti-terror watchdog said ‘naive’ teenagers who return to Britain after fighting for ISIS should be allowed to reintegrate rather than face prosecution.
Max Hill QC, the independent reviewer of terrorism legislation, said hundreds of Britons coming home after serving under the brutal terror group in Iraq and Syria have not been charged to avoid ‘losing a generation’ of young men.
However, speaking at the National Security Summit in London, Ms Hemming said bringing the jihadis to justice was a matter of national security.
She said: ‘We must recognise that specific counter-terrorism powers are necessary, and acting early to safeguard public safety means that traditional investigative powers are not always sufficient.
‘And prosecutors need offences available to prosecute those who rightly need to be brought to justice, where traditional criminal offences do not fit conduct that rightly calls for punishment.
Around half of the estimated 850 UK citizens who joined ISIS in the Middle East have since returned, according to official figures. Pictured: British teenagers Amira Abase, Kadiza Sultana and Shamima Begum walking with luggage at Gatwick Airport to join ISIS
‘Unlike other criminal offending, we are usually dealing with the intent to cause fear or harm for a terrorist purpose, and punishing the conduct rather than the consequences.
‘There is no conflict between having appropriate laws and powers to protect national security and acting in a way that safeguards human rights, provided we tackle all types of terrorism in the same way and punish the conduct appropriately regardless of which terrorist motivation is behind it.’
When a decision is made to prosecute, the CPS chooses the most appropriate offence or offences for the conduct in question, she said.
‘We use offences such as murder, conspiracy to murder, explosive substances or incitement to hatred, but in many cases conduct needs to be prosecuted using the wide range of terrorism offences available to us,’ Ms Hemming told the conference.
‘These include acts preparatory to terrorism, attending terrorist training, support for a proscribed organisation and distribution of terrorist material.’
Up to 8,000 foreign fighters may come back to Europe after the fall of Raqqa(pictured after falling to Syrian forces on October 19)
Her comments emphasising the importance of counter-terrorism laws come at a time when they are under close scrutiny.
The Government is currently carrying out a review of powers available to authorities after Britain was hit by five attacks in 2017.
On Tuesday Mr Hill QC suggested that Parliament has provided for ‘just about every descriptive action in relation to terrorism, so we should pause before rushing to add yet more offences to the already long list’.
Ms Hemming also detailed how cases emerging from the conflict in Syria and the emergence of Islamic State – also known as Daesh – along with recent attacks, have resulted in a ‘substantial increase’ in the number of prosecutors dealing with terrorism cases.
She said: ‘We have doubled the size of our team and we are still growing. We have a recruitment campaign for more prosecutors being launched shortly to help us deal with further increases.’
In the year ending March 2017, the CPS counter-terrorism division completed 79 trials for terrorism-related offences, a 55% increase on the previous year.
Ms Hemming said that since 2013 there have been a significant number of cases linked to the return of people who travelled to Syria, or were stopped trying to make the journey.
‘However more recently, the increase has been in activity at home,’ she said.
‘Travelling or attempting to travel to Syria is not a crime, but inviting support for Daesh, being a member of a proscribed organisation, or attending a training camp, here or abroad, is an offence.
‘Much of the increase has been from Daesh or similarly inspired activity, but we have also seen an increase in extreme right-wing activity.’