Designated area offence factsheet (accessible version) - GOV.UK

Home Office Policy paper Designated area offence factsheet (accessible version) Updated 15 September 2020

What are we going to do? Key quote How are we going to do it? Background Will this new offence be retrospective? Will there be a reasonable excuse for travelling to a designated area? How

will you be able to prove that an individual has been in a designated area? Key facts Print this page

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Create an offence of entering,or remaining in, an areaoutside the United Kingdomthat has been designated inregulations made by theHome Secretary.

Key quote In the scenario of a future conflict that wasattracting foreign fighters from the UK, we see realoperational value in a Designated Area Offence.Such a power would have a deterrent

effect tosome of those who would seek to travel, and be ahelpful disruptive and punitive tool upon return.

Assistant Commissioner Neil Basu, National Lead for Counter-Terrorism Policing

How are we going to do it?The Act: Creates an offence of entering, or remaining in, an area outside the United Kingdomthat has been designated in regulations made by the Home Secretary.

Entering orremaining in a designated area solely for one or more exempted purposes will not bean offence; a reasonable excuse defence will also be available. The test for designating an area

would be that the Home Secretary, having consultedthe Foreign Secretary, is satisfied that it is necessary to restrict UK nationals andresidents from travelling to or remaining in the area

for the purpose of protecting thepublic from a risk of terrorism. The offence will carry a maximum penalty of 10 years’ imprisonment, and will be inscope for extended sentence provisions

under the Criminal Justice Act 2003 andequivalent legislation in Scotland and Northern Ireland.Background Foreign terrorist fighters present a significant threat to the UK and other

countries. Forexample, since 2014, we have seen large numbers of individuals travelling to Iraq andSyria to engage in terrorist-related activity. The Act extends extra-territorial

jurisdiction to a number of additional terrorist offencesso that those returning who have engaged in further types of terrorist conduct can beprosecuted, but the Government believes that it

can do more to prevent UK nationalsand residents from travelling abroad to take part in or help sustain future foreignconflicts. In his evidence to the Public Bill Committee, Assistant

Commissioner Neil Basu, theNational Lead for Counter-Terror Policing, was clear that a new offence of banningtravel to designated conflict zones would help to tackle the threat posed by

foreignfighters.Will this new offence be retrospective? No. The offence will not allow theretrospective prosecution of thosewho have already travelled overseasto fight, such as in Iraq and

Syria, butit will assist in a future conflict towhich UK nationals or residents seekto travel.Will there be a reasonable excuse for travelling to a designated area? The Act contains a number

ofexempted purposes for travelling to adesignated area; these are providingaid of a humanitarian nature, carryingout work as a journalist, satisfying anobligation to attend court, carrying

outwork for the United Nations or anagency of the United Nations,carrying out work for the governmentof a country other than the UK, orattending the funeral of a relative orvisiting a

terminally ill relative. It also provides a defence forindividuals who have a reasonableexcuse falling outside of theseexemptions. The offence would not apply to aperson who is in the

service of, oracting on behalf of, the Crown (forexample, as a member of the armedforces). Once an area has been designated,there will be a grace period of onemonth to allow a person within

thearea to leave before the offencetakes effect.How will you be able to prove that an individual has been in a designated area? We do not comment on operationalactivity which may be used to

gather

evidence. However, the police are confidentthat they will be able to evidencecases where an individual hasentered or remained in a designatedarea to the required criminalstandard.Key facts

The ‘made affirmative’ procedure willapply to the regulations made by theHome Secretary so that theregulations will come into forcequickly, but ensuring that they will stillbe subject to

parliamentary debateand approval. Both Denmark and Australia have asimilar offence, which have been usedin relation to the conflict in Iraq andSyria. More than 900 individuals of

nationalsecurity concern from the UK havetravelled to engage with the conflict inSyria. Back to top