Transatlantic baby terror liquid bomber plot terror Al Quaeda cell of Islamofascist jihadists - will the charges stick ?

It is evident that the charges brought against the Transatlantic baby terror liquid bomber plot terror Al Quaeda cell of Islamofascist jihadists that the CPS are struggling to get them into court. vide a comparison of charges with those of the 21/7 "non -bombers". i.e no charges for CONSPIRACY TO CAUSE EXPLOSIONS LIKELY TO ENDANGER LIFE OR CAUSE SERIOUS INJURY TO PROPERTY, contrary to Section 3(1)(a) of the Explosive Substances Act 1883 or POSSESSION OF AN EXPLOSIVE SUBSTANCE WITH INTENT, contrary to Section 3(1)(b) of the Explosive Substances Act 1883.... But ... but it's early days yet and the 21/7 "non-bombers" have to appear in October 2006 before any judgements can be made.

The full list of charges of the 10/8/2006 "Hydrogen Peroxide" gang are as follows:

AHMED ABDULLAH ALI (AKA ABDULLAH ALI AHMED KHAN), 25, OF WALTHAMSTOW, EAST LONDON

TANVIR HUSSAIN, 25, OF LEYTON, EAST LONDON

UMAR ISLAM (AKA BRIAN YOUNG), 28, OF HIGH WYCOMBE, BUCKINGHAMSHIRE

ARAFAT WAHEED KHAN, 25, OF WALTHAMSTOW

ASSAD ALI SARWAR, 26, OF HIGH WYCOMBE

ADAM KHATIB, 19, OF WALTHAMSTOW

IBRAHIM SAVANT, 25, OF WALTHAMSTOW

WAHEED ZAMAN, 22, OF WALTHAMSTOW

On diverse days between 1 January 2006 and 10 August 2006 within the jurisdiction of the Central Criminal Court conspired with other persons to murder other persons (contrary to Section 1 (1) of the Criminal Law Act 1977).

On diverse days between 1 January 2006 and 10 August 2006 within the jurisdiction of the Central Criminal Court with the intention of committing acts of terrorism engaged in conduct to give effect to their intention to smuggle the component parts of improvised explosive devices onto aircraft and assemble and detonate them on board (contrary to Section 5 (1) of the Terrorism Act 2006).

It is interesting here just to look at these provisions which were introduced as new offences in the 2006 Act.

51. Subsection (1) creates an offence of preparing to commit or assist others to commit one or more acts of terrorism with the intent of committing or assisting others to commit such acts.
Subsection (2) states that this is an offence whether or not there are specific plans, or solely an intention to carry out such acts generally.

See below for deatils of the offences for which the 21/7 bombers have been charged.


A 17-YEAR-OLD MALE

On a day between 1 October 2005 and 10 August 2006 within the jurisdiction of the Central Criminal Court had in his possession a document or record, namely a book on improvised explosives devices, some suicide notes and wills with the identities of persons prepared to commit acts of terrorism and a map of Afghanistan containing information likely to be useful to a person committing or preparing an act of terrorism (contrary to Section 58 (1) (b) of the Terrorism Act 2000).

58. - (1) A person commits an offence if- (a) he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or

(b) he possesses a document or record containing information of that kind."

COSSAR ALI, 23, OF WALTHAMSTOW

On diverse days between the 1 January 2005 and 10 August 2006 within the jurisdiction of the Central Criminal Court had information which she knew or believed might be of material assistance in preventing the commission of another person namely, Ahmed Abdullah Ali aka Abdullah Ali Ahmed Khan, of an act of terrorism and failed to disclose it as soon as reasonably practicable (contrary to Section 38B (1) (a) and (2) of the Terrorism Act 2000).

Section 38b of the Terrorism Act 2000 creates a legal obligation to disclose information that you believe might assist in preventing an act of terrorism
Section 38 of the Terrorism Act 200, was, without much debate, amended by the Anti-terrorism, Crime and Security Act 2001, Section 117 which inserts a new Section 38B (Sect 38 is null)

'Section 117 Information about acts of terrorism (1) The Terrorism Act 2000 (c. 11) is amended as follows. (2) After section 38 insert- "38B Information about acts of terrorism (1) This section applies where a person has information which he knows or believes might be of material assistance-

(a) in preventing the commission by another person of an act of terrorism, or

(b) in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.

(2) The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).etc more details here at Spy Blog of legislation.

MEHRAN HUSSAIN

On diverse days between the 23 September 2005 and 10 August 2006 within the jurisdiction of the Central Criminal Court had information which he knew or believed might be of material assistance in preventing the commission of another person namely, Nabeel Hussain, of an act of terrorism and failed to disclose it as soon as reasonably practicable (contrary to Section 38B (1) (a) and (2) of the Terrorism Act 2000). (see above)

It is interesting to compare these charges with those detailed by the Metropolitan Police of Operation Vivace (better known as the 21/7 non-bombings)


In this case there are 5 main defenders each charged with

1. CONSPIRACY TO MURDER, contrary to Section 1(1) of the Criminal Law Act 1977.
2. CONSPIRACY TO CAUSE EXPLOSIONS LIKELY TO ENDANGER LIFE OR CAUSE SERIOUS INJURY TO PROPERTY, contrary to Section 3(1)(a) of the Explosive Substances Act 1883.
3. POSSESSION OF AN EXPLOSIVE SUBSTANCE WITH INTENT, contrary to Section 3(1)(b) of the Explosive Substances Act 1883.
4. ATTEMPTED MURDER, contrary to Section 1(1) of the Criminal Attempts Act 1981.

i.e NO charges under the Terrorism Act of 2000 and obviously not of any charge under the 2006 Act.

and 12 further subsidiary offenders charged with

1. ASSISTING AN OFFENDER, contrary to section 4(1) of the Criminal Law Act 1967.
2. FAILING TO DISCLOSE INFORMATION ABOUT ACTS OF TERRORISM, contrary to section 38B(1)(b) and (2) of the Terrorism Act 2000 (Two counts).