The terrorism definition should not be changed in the wake of the Southport murders and doing so could lead to “unacceptable” restrictions on freedom of expression, the UK’s terror watchdog has said.
Instead, the independent reviewer of terrorism legislation, Jonathan Hall KC, said the government should consider a new law to tackle those bent on mass killings, with a penalty of life in prison.
In a report into the Southport murders published on Thursday, Mr Hall said the legal definition for terrorism is “already wide” and expanding the threshold would “increase the possibility of inaccurate use and, in theory, abuse”.
Mr Hall’s review was commissioned by Home Secretary Yvette Cooper in January to examine terror legislation “in light of modern threats we face”.
It also comes after Prime Minister Sir Keir Starmer questioned whether terror laws should change to tackle threats posed by violent loners such as the Southport murderer.
Nine-year-old Alice Dasilva Aguiar (L), seven-year-old Elsie Dot Stancombe, and six-year-old Bebe King (Photo: MERSEYSIDE POLICE / AFP)Axel Rudakubana was jailed for a minimum of 52 years for the murders of three girls and attempted murders of eight other children, class instructor Leanne Lucas and businessman John Hayes at a Taylor Swift-themed dance class in July last year.
Sir Keir Starmer called it one of the most harrowing moments in Britain’s history.
Rudakubana’s acts of extreme violence were not considered terrorism under existing laws because there was no evidence of his purpose being to advance an ideological cause as set out in the terror definition.
At the time that drew condemnation from government critics, particularly as he was also convicted of possessing the deadly poison ricin and an al Qaeda training manual.
There were also accusations of a cover-up because police had released few details about the suspect to prevent prejudicing a later trial.
After Radukabana’s jailing, Starmer said terrorism had changed, with some individuals fixated on extreme violence.
Southport killer Axel Rudakubana (Photo: MERSEYSIDE POLICE / AFP)Police and security services have warned of a growth in the number of would-be terrorists whose motivation was hard to determine.
But Jonathan Hall KC rejected changing the existing definition, saying “treating every violent eccentric as a potential terrorist would skew the threat level and divert resources”.
He said it would risk the prosecution of those who were “by no stretch of the imagination” terrorists and lead to unacceptable restrictions on freedom of expression.
“The risk of unintended consequences through rushed reform is extremely high,” his report said.
He also said “near silence” was no longer an option and that if the police did not take the lead with accurate information, others would fill the gap.
“The disinformation generated on social media, combined with widespread allegations of a ‘cover-up’, risked far more prejudice to any trial than the placement of undisputed facts about the attacker in the public domain,” he said.
The watchdog recommended creating an offence to prevent mass casualty attacks before they happen, similar to terrorism offences applying to an offender preparing for an attack.
“It has become clear to me during the preparation of this report during January and February 2025 that there is a real and not theoretical gap for lone individuals who plan mass killings,” he said.
He set out for the Government to consider a new offence where an individual with an intention of killing two or more people engages with any preparation to carry out that intention.
A Government spokesperson said: “The horrific attack in Southport last July cost the lives of three young girls and left others with lifelong physical and emotional damage. We have pledged to not only get justice for the victims and their families, but also bring about the changes needed to prevent such a horror from happening again.
“Today’s report is an important step in that search for answers, and to tackle horrific acts driven by a fixation on extreme violence.
“As the Prime Minister said at the time, if the law needs to change, we will change it and, on the back of today’s report, we will fix the legislation to close the gaps identified.
“We also agree that we must look at how social media is putting long-established principles around how we communicate after an attack like this under strain.
“We must look again at this to be able to tackle misinformation head on. Counter terror police are already considering this issue, and we have asked the Law Commission to conclude its own review into the rules around contempt of court as soon as possible.
“The wider public inquiry in the Southport tragedy will soon be set up to get the country the answers we need.”
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