Terrorism, terrorism, terrorism

Over six hundred people were detained under the Terrorism Act 2000.

Well, as I've said before all of the current legislation used to 'fight terrorism' is so ridiculously broad that it can be used for virtually any purpose. The '[a]nti-Iraq war protesters, anti-Blairite OAPs and conference delegates' were all searched under section 44 of the Act, even though 'none of them was suspected of terrorist links'. Section 44 of the Act reads:


44. - (1) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search-

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a passenger.

(2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search-

(a) the pedestrian;

(b) anything carried by him.

(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.

(4) An authorisation may be given-

(a) where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

(b) where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;

(c) where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;

(d) where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

(5) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

The 'problem' with this is that it is all too vague. Bearing in mind that 'terrorism' is the use of 'violence' for a political end the police, in terms of the statute, were acting perfectly legally. However, even if the police are being 'unreasonable', the law is a lived, material reality, if the police are allowed to do such a thing then the 'accurate' interpretation of the statute is ultimately rooted in what the police do, this is the position that a materialist must take.

What would be interesting to look at is how widespread the tendency towards broadness is. Becuase if such a broadness does tend to undermine the legal form, we can draw important theoretical conclusions about late capitalism.