Asked by: Marquess of Lothian (Conservative - Life peer)
Question to the Attorney General:
To ask Her Majesty’s Government how many prosecutions there have been as a result of displaying the ISIL flag in the United Kingdom.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Proscription is an important means of disrupting terrorist organisations in the UK. The Islamic State of Iraq and the Levant (ISIL) also known as The Islamic State of Iraq al-Sham (ISIS) was proscribed as a terrorist organization in the UK with effect from 20 June 2014.
Section 13 of the Terrorism Act 2000 provides that a person commits an offence if he, in a public place, wears an item of clothing or wears, carries or displays article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. Flags would come within the definition of “article”. This is a summary only offence carrying a maximum of six months imprisonment or a fine.
To date there have been no prosecutions in England and Wales as a result of displaying a flag in such a way or in such circumstances as to arouse reasonable suspicion that the person displaying it is a member or supporter of ISIL. A black flag of the type associated with ISIL has featured in a number of prosecutions of individuals for more serious terrorist offences.