British jihadis should face new treason law, former Home Secretary, MI5 chief and Lord Chief Justice say

Britain's archaic treason laws should be updated and used to prosecute jihadis who have fought in Syria, a former Home Secretary, head of MI5, Lord Chief Justice and head of counter-terror policing have said.

The Treason Act of 1351 has not been used since 1946 but should now be revised to prosecute terrorists amid growing fears that British laws are currently not tough enough to deal with returning jihadis.

The recommendation, in a report by the Policy Exchange think tank, has been backed by some of the country's leading experts including Amber Rudd, the former Home Secretary, and Lord Evans, the former head of MI5.

It comes after The Telegraph disclosed that Sajid Javid, the Home Secretary, abandoned blanket opposition to the death penalty to allow two members of the notorious "Beatles" group of Isil terrorists to be sent to US.

In a letter to Jeff Sessions, the US Attorney General, Mr Javid raised concerns that Britain's anti-terror laws may not be robust enough to ensure a successful prosecution. He believes US laws are more effective. 

As seen by The Daily Telegraph | Edited extracts of the letter

The revelation has sparked political and legal outrage and on Tuesday the Home Secretary was warned by human rights lawyers that he faces a court challenge over his decision.

There is growing concern over the Government's treatment of returning jihadis with only a fraction of those who have travelled to Syria facing prosecution.

Max Hill was appointed as the next Director of Public Prosecutions despite the QC, who is currently the Government's counter-terrorism watchdog, having previously apparently advocated an even more liberal approach to the issue of returning jihadis.

The Treason Act of 1351 still remains law but is considered "unworkable". The last person to be convicted under the Act was William Joyce, more commonly known as Lord Haw-Haw, who was hanged in 1946 for assisting Nazi Germany.

The report argues a new offence would “mark out treasonous acts” and allow the courts to impose “justifiably severe punishment”. It would have the added effect of deterring other potential offenders and “incapacitate those who threaten our country”.

Ms Rudd said: "As a former Home Secretary, I appreciate the threats we face as a nation. The time has come for us to consider additional measures, such as those set out in this report, that we need to deal with those who betray this country."

In a foreword to the report, former lord chief justice of England and Wales Lord Judge wrote: "If a citizen of this country chooses to fight with the Taliban in Afghanistan against British forces, his crime is more than terrorism. It is treason, and should be prosecuted accordingly."

recon beatles isil

Lord Evans, the former head of MI5, said that the report is "timely and balanced" while Richard Walton, the former head of counter-terrorism at Scotland Yard, said treason is "appropriate" for jihadists.

The Treason Act of 1351 is focused on those who "compass or imagine" the death of the "Sovereign, of the King's wife or of the Sovereign's eldest child or heir".

It also includes anyone who "levies war against the Sovereign" or "slays the chancellor, treasurer of King's justices".

The Policy Exchange report says it is "not for purpose" and there are "grave doubts" about what is meant by the "antiquated and cumbrous" language. It says that the offence should be updated based on existing legislation in Australia and New Zealand.

The law | High Treason Act 1351

The new treason law would make it an offence to aid a state or organisation that is either attacking the UK or preparing to attack the UK.

It would apply to all British citizens, wherever they are in the World. Tom Tugendhat, the co-author of the paper and chairman of the Foreign Affairs select committee, said: "British citizens who aid groups like Isil, groups that intend to carry out attacks against the UK, or against UK forces are deployed abroad, betray our country and should be condemned.

"The law must be written to ensure they can be stopped and their betrayal is recognised as a distinct crime."

A total of 193 offenders were jailed between 2006 and 2017 for terrorism offences, and more than 80 of them are due for release before the end of the year. 

Until relatively recently the treason act enabled people to be hanged. It was only in 1998 under the Crime and Disorder Act that the maximum sentence for treason was changed to life imprisonment.

The report warns many British citizens continue to aid groups like Isil and their “choice to betray our country in this way should be condemned and those who make it should be incapacitated”.

AP on Beatles death penalty

It argues every British citizen who returns from abroad and who may have supported or fought alongside Isil “should be investigated with a view to prosecution for treason and, on conviction, should be imprisoned for life”.

Meanwhile, British jihadis detained by allied forces in Iraq and Syria should be repatriated and prosecuted for treason. The paper suggests a workable treason law could have been used to prosecute members of the notorious “Beatles” group of Isil terrorists.

Steven will be joining the comment section live at 1pm today to answer reader questions about updating treason laws. Leave a question in the comment section below, or join live at 1pm.