Terrorism

Whether you have been accused of a terrorism offence, been arrested, charged or released on bail, or are just worried about a family or friend in this situation, it is important that you get in touch with one of our specialist terrorism lawyers.

Terrorism is broadly defined as the use or threat of action, whether within or beyond the borders of the UK, with the intent to influence a government, organisation, or to intimidate the public.

Such actions must be undertaken to advance a political, religious, racial, ideological cause, or to perpetrate serious violence against individuals or cause property damage. Acts that endanger lives, other than those directly involved, or pose serious risks to public health and safety are also considered terrorism. This can extend to actions aimed at disrupting electronic systems. Under terrorism legislation, planning, aiding, or even researching how to commit terrorist acts are all criminal offences.

Navigating this complex legal terrain demands specialized legal guidance. If you find yourself under investigation concerning terrorism-related matters, seeking legal advice is essential to protect your rights and interests.

Counter Terrorism Legislation:

Whilst terrorist offences can be dealt with under more familiar charges such as conspiracy to murder, or conspiracy to create an explosion, there are a number of significant pieces of counter terrorism legislation which create more specific offences in this area:

The Terrorism Act 2000

The Terrorism Act 2000 encompasses a wide array of offences, including:

Membership in a ‘proscribed organisation’
Soliciting or providing funds for a proscribed organisation
Receiving or providing money for terrorist purposes
Facilitating the laundering of funds related to terrorism
Failing to report suspicions of terrorism preparations. Individuals are obligated to inform the police if they suspect someone, they know is preparing acts of terrorism. Failure to disclose such information promptly to the authorities constitutes an offence.
Gathering or compiling information likely to assist in the commission of a terrorist act
Possessing documents or records containing the aforementioned type of information

The breadth of these offences underscores the seriousness with which terrorism-related activities are treated under the law. Understanding and navigating these legal complexities often requires specialised legal counsel.

The Terrorism Act 2006

The Terrorism Act 2006 expanded the reach of counter-terrorism legislation by introducing several additional offences, which include:

Engaging in the preparation of terrorist acts (Section 5)
Assisting others in preparing acts of terrorism
Providing or receiving training for terrorism, or attending any location where terrorism training is conducted
Encouraging terrorism, which encompasses publishing material that could aid individuals in preparing acts of terror
Distributing a terrorist publication with the intent of encouraging acts of terrorism.

These additions to the legislation reflect the ongoing efforts to combat and prevent acts of terrorism, underscoring the gravity with which such activities are regarded under the law. Understanding the nuances of these offenses often necessitates expert legal guidance.

The Counter-Terrorism and Border Security Act 2019

The Counter-Terrorism and Border Security Act 2019 introduced significant measures aimed at strengthening the UK’s counter-terrorism framework. Here are some key provisions:

Creation of an offence for ‘reckless expressions of support for a prescribed organisation’
Introduction of an offence for the publication of images related to a proscribed organisation
Establishment of an offence for obtaining or viewing terrorist material over the internet
Creation of an offence for entering or remaining in a designated area
Increase in the maximum sentences for encouragement of terrorism and dissemination of terrorist publications to 15 years
Availability of extended sentences for terrorism offences
Abolishment of automatic early release for convicted terrorists, allowing for a longer period on licence
Strengthening of notification requirements for convicted terrorists and introduction of enhanced powers to enter and search their residences
Extension of Serious Crime Prevention Orders to cover terrorism offences
Amendment of the Terrorism Act 2000, allowing the pre-charge detention clock to be paused when a detained individual is transferred from police custody to a hospital.

These provisions represent a concerted effort to enhance the UK’s ability to combat terrorism, safeguard national security, and protect communities from extremist threats.

What is the penalty for terrorism?

The penalties for terrorism-related offenses vary depending on several factors, such as the nature of the offense, the degree of culpability, and the harm caused.

Given the gravity of terrorism offenses, potential sentences are severe. Certain offenses may incur life imprisonment, while others may result in high-level community orders as the minimum penalty. Terrorism offences are typically triable either way, meaning they can be heard in either the Magistrates’ or Crown Court, although some are indictable only and must be heard exclusively in the Crown Court.

Sections 282A-282C of the Sentencing Act 2020 address the serious terrorism sentence of imprisonment. This entails that a person convicted of such an offense will receive a custodial sentence as well as an additional period (the extension period) to be served on licence.

For detailed information on potential sentences for specific terrorism offenses, the Crown Prosecution Service (CPS) has published comprehensive guidance, which can be accessed here.

How long can you be held under the Terrorism Act?

Under normal circumstances, the police would only be able to hold you for up to 24 hours before charging or releasing you. However, under Section 23 of the Terrorism Act 2006, you can be held for up to 28 days without charge.