9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) (c) endangers a person's life, other than that of the person committing the action, (d) creates a serious risk to the health or safety of the public or a section of the public, or (e) is designed seriously to interfere with or seriously to disrupt an electronic system. (3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied (4) In this section – (a) "action" includes action outside the United Kingdom, (b) a reference to any person or to property is a reference to any person, or to property, wherever situated, (c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and (d) "the government" means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom. (4) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation. By virtue of section 23 of the Act, a suspected international terrorist may be detained. 16. Provision for appeal is made in Section 25 of the 2001 Act: (1) A suspected international terrorist may appeal to the Special Immigration Appeals Commission against his certification under section 21. (2) On an appeal the Commission must cancel the certificate if – (a) it considers that there are not reasonable grounds for a belief or suspicion of the kind referred to in Section 21(1)(a) or (b), or (b) it considers that for some other reason the certificate should not have been issued. (3) If the Commission determines not to cancel a certificate it must dismiss the appeal. (4) Where a certificate is cancelled under subsection (2) it shall be treated as never having been issued. (5) An appeal against certification may be commenced only(a) within the period of three months beginning with the date on which the certificate is issued, or (b) with the leave of the Commission, after the end of that period but before the commencement of the first review under Section 26." 17. In Section 26, provision is made for periodic review of certificates issued under Section 21. Subject to exceptions, the Commission must hold a first review of each certificate as soon as reasonably practicable after the expiry of the period of six months beginning with the date on which the certificate was issued. Thereafter a review must be made as soon as reasonably practicable after the expiry of the http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 6/113