Investigations and prosecutions for terrorism offences are among the most serious criminal cases, and convictions often result in substantial custodial sentences.
Terrorism legislation covers a particularly wide range of conduct. Some offences concern the preparation or funding of terrorism, while others can arise from possessing or accessing material, online activity, or association with proscribed organisations. The breadth of the legislation means that people can find themselves facing extremely serious allegations despite having had no intention of participating in or carrying out an act of terrorism.
Investigations are often lengthy, with suspects released on police bail while digital devices are examined and further enquiries are carried out. Whether you are under investigation or have already been charged, specialist legal advice is essential. The defence may turn on what you knew or intended, the purpose for which material was possessed or accessed, or the proper context and interpretation of communications and other evidence. Our Terrorism Defence Solicitors represent clients from the investigation stage through to Crown Court proceedings and trial.
Our criminal defence team is ranked Tier 1 by the Legal 500 and Band 1 by Chambers UK, with extensive experience defending serious and complex allegations.
Terrorism Offences We Defend
Our Terrorism Defence Solicitors advise and represent clients facing allegations including:
- Possessing articles or collecting information for terrorist purposes – Sections 57 and 58, Terrorism Act 2000
- Encouragement of terrorism – Section 1, Terrorism Act 2006
- Dissemination of terrorist publications – Section 2, Terrorism Act 2006
- Preparation of terrorist acts – Section 5, Terrorism Act 2006
- Membership or support of a proscribed organisation – Sections 11 and 12, Terrorism Act 2000
- Terrorist funding and terrorist property offences – Sections 15–18, Terrorism Act 2000
- Terrorism training offences – Section 54, Terrorism Act 2000 and Sections 6–8, Terrorism Act 2006
- Failure to disclose information about terrorism – Section 38B, Terrorism Act 2000
We also represent clients facing other offences under terrorism legislation and conventional criminal offences where it is alleged that there is a terrorist connection.
Defending Terrorism Allegations
Depending on the offence, important issues may include what you knew or intended, the purpose behind particular conduct, whether material or online activity can properly be attributed to you, and the context in which communications or other evidence arose.
Every case will depend on its individual circumstances and the evidence relied upon by the prosecution. Common issues that may need to be considered include:
- Knowledge and intention – whether the prosecution can prove the required knowledge, intention or purpose behind the alleged conduct.
- Possession of material – whether material found on a phone or computer was knowingly possessed, how it came to be there and the purpose for which it was obtained or retained.
- Digital attribution – whether searches, downloads, messages or other activity can reliably be attributed to you, particularly where a device or account was accessible to others.
- Context of communications – whether messages, posts or conversations have been interpreted correctly when considered alongside the complete communications and surrounding circumstances.
- Association with others – whether contact or association with particular individuals or organisations actually establishes the involvement, membership or support alleged by the prosecution.
We will analyse the prosecution case against the requirements of the specific offence, identify evidence capable of supporting your account and, where necessary, instruct forensic or other specialist experts to independently examine the prosecution evidence.
Frequently Asked Questions
A key provision of the Terrorism Act 2000 is the definition of terrorism itself. The Act defines terrorism as the use or threat of action intended to influence the Government or to intimidate the public or a section of the public for political, religious, or ideological purposes. This broad definition encompasses a range of activities, and the Act outlines specific offences related to terrorism, including possessing articles for terrorist purposes, fundraising for terrorism, and incitement of terrorism. This means you do not have to actually commit a terrorist attack to be convicted of a terrorism offence.
The Terrorism Act 2006 extended the range of terrorism offences to include activities such as encouraging terrorism, training for terrorism, and trespassing on nuclear sites. The more recent Counter-Terrorism and Border Security Act 2019 includes measures to increase sentences for several terrorism offences and to end automatic early release for convicted terrorists. Furthermore, it created offences concerning obtaining or viewing terrorist material online, recklessly expressing support for a prescribed terrorist organisation, and entering or remaining in a designated area.
In addition, sometimes a criminal act can be classed as having a ‘terrorist connection’. For example, the killers of Lee Rigby and Jo Cox MP were charged with murder, but the crimes were deemed to have a terrorist connection. For example, if you are charged with a firearms offence in connection with a terrorist act, if convicted, you will likely receive a harsher sentence and be subject to appropriate notification requirements post-release.
The Terrorism Act grants authorities the power to detain people suspected of being involved in terrorism for up to 14 days without charge. Therefore, although the Terrorism Act 2000 is a crucial tool in the UK’s counter-terrorism efforts, it has faced criticism for potentially infringing on civil liberties. Critics argue that the broad definition of terrorism and the powers granted to law enforcement agencies may lead to abuses of authority.
The length of time you are allowed to be detained without charge and the seriousness of being suspected of a terrorist offence means it is vital that you contact one of our Criminal Defence Solicitors immediately. They will meticulously examine the reasons the authorities believe you may be involved in a terrorism-related activity. If the authorities have breached the powers provided by law when detaining you, our team will immediately challenge their actions.
Section 38B(1) and (2) of the Terrorism Act 2000 criminalises the failure to report suspicions about someone preparing for acts of terrorism. It becomes an offence if a person neglects to inform the police when they believe someone within their knowledge is involved in such preparations. The maximum penalty for a violation of Section 38B is imprisonment for a term not exceeding five years. However, you may have a valid defence if you can prove that you had a reasonable excuse for not telling authorities about the potential attack.
Failing to disclose relevant information to the police promptly is itself an offence, and you can be held criminally accountable if you do not report your suspicions as soon as reasonably practicable.
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