Counter-terrorism laws used to ban Palestine Action are being used too widely and the government’s anti-radicalisation scheme is “not fit for purpose”, a major review has found.
The Independent Commission on UK Counter-Terrorism Law, Policy and Practice found that the current official definition of terrorism is too broad and creates “uncertainty and overreach in its application”.
The three-year review, led by former judge Sir Declan Morgan KC PC and 14 commissioners, called for the definition of terrorism to be tightened.
For cases involving property damage, this should be limited to acts which cause “serious risk to life, national security, or public safety, or involving arson, explosives, or firearms,” the commission found.
The report, published on Tuesday, also said that measures used to ban groups such as Palestine Action should only be used to protect the public from terrorism, and that proscription should lapse after five years unless renewed.
The report said: “When a group is proscribed, individuals can face prosecution for membership, inviting or expressing support, or wearing associated symbols or uniforms.
“Providing funding or handling property linked to a proscribed organisation may constitute a criminal offence, and any act carried out for the benefit of a proscribed group can be treated as an act of terrorism.
“These far-reaching implications can create confusion, deter lawful civic engagement, and strain relations with communities connected to affected organisations – particularly where banned groups also pursue political objectives.”
It comes after almost 2,000 people have been arrested under the Terrorism Act at a string of protests in recent months over the decision to ban the direct-action group.
The ban, which began on 5 July, made supporting the group a criminal offence punishable by up to 14 years in prison. It is being challenged in the High Court later this month.
Hundreds of peaceful protesters have been hauled away by police for holding placards which read: “I oppose genocide, I support Palestine Action.”
The commission has called for increased parliamentary scrutiny of decisions to proscribe groups and for suspects to only be charged under section 12 or 13 of the Terrorism Act, which cover support for banned groups, “where there is clear intent to commit the offence”.
Kneecap rapper Liam Og O hAnnaidh, whose stage name is Mo Chara, was charged under section 13 for allegedly holding up a Hezbollah flag at a gig, before the case was thrown out due to a technical error.
The commission also warned too many cases are being referred to Prevent, the government’s anti-radicalisation programme.
It comes after official figures published last week show Prevent referrals have soared to a record high in the wake of the Southport attack, which saw three girls murdered in a mass stabbing at a dance class in 2024.
More than half of cases flagged in the year to March 2025 involved individuals who subscribed to no specific ideology or belief system.
The report said: “Prevent referrals increasingly involve individuals experiencing complex vulnerabilities, including mental ill health, social isolation, or neurodivergence, rather than clear terrorism-related risks.
“This shift has blurred Prevent’s purpose and stretched its remit beyond its original aim.”
The commission said that those involved in potential terror plots against the UK are “increasingly younger and may be driven by complex mixes of ideology, grievance, and personal vulnerability”.
It said: “The commission heard evidence that, without careful calibration, counter-terrorism powers risk being applied too broadly – capturing behaviour that is harmful but not terrorist.
“This concern is most acute in the Prevent programme, where the boundaries between safeguarding, criminal justice, and counter-terrorism have become increasingly blurred.”
It said that of 58,000 people referred to Prevent since 2015, more than 90% had no counter-terrorism concerns.
Commission chairman Sir Declan Morgan KC said: “The evidence we had shows that the present approach to Prevent is not fit for purpose.
“Prevent should be integrated into a wider, local authority-led multiagency safeguarding ‘front door’ that works with communities to mainstream violence prevention work, currently processed through Prevent, into broader violence reduction strategies.
“We need to move away from the radicalisation model and instead concentrate our resources on individual resilience and building trust and social cohesion in neighbourhoods.”
The commission made a total of 113 recommendations, including a national strategy to promote social cohesion and greater powers for the independent reviewer of counter-terrorism laws.
