email: info@sgkllp.com call: 020 7734 9700
The firm has experience of acting in terrorism investigations and trials including IRA cases pre the Good Friday Agreement, and the 7/7 London bombings in 2005. In recent years we have acted for a wide range of clients facing terror related charges including those accused of being members of proscribed organisations including Islamic and far-right groups. We have also acted for defendants accused of fomenting violence overseas (including Zimbabwe).
We represent clients accused of terrorism offences from the investigation stage through to trial at the crown court for offences of committing or preparing acts of terrorism to belonging to or supporting proscribed groups. We also have a wealth of experience in acting for clients accused of conspiracy to commit acts of terrorism.
Such cases require a detailed understanding of this specialist area of the law and the range of forensic evidence and sophisticated surveillance techniques now typically relied upon by the prosecuting authorities.
In defending allegations of this nature, we exercise strategic judgement and tactical awareness drawing on the best available advice from forensic experts and our own experience in this field.
Further information can be found here: www.cps.gov.uk/crime-info/terrorism
How we can help
We can represent you wherever you are based, whether it be in the UK or overseas. We support our clients through every stage of the criminal justice process, including:
For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.
Terrorism is defined by the Terrorism Act 2000 as any action such as serious violence against a person, endangering a person’s life, serious damage to a property, creating a serious risk to the health or safety of the public or a section of the public; or an action designed to seriously interfere with or seriously to disrupt an electronic system, which is designed to influence the government or an international government or intimidate the public.
The use or threat must also be for the purpose of advancing a political, religious, racial or ideological cause.
If a firearm or explosive is used or threatened with any of the above actions, it will be deemed to be terrorist act even if there was no purpose to advance a political, religious, racial or ideological cause.
A person can be charged with terrorism related offences for crimes committed in the UK or abroad.
It is an offence to obtain plan, assist, encourage or collect information on how to commit a terrorist act.
It is also an offence to if a person does not inform the police if they believe a that someone, they know is preparing an act of terrorism.
The Crown Prosecution Service have a separate department of prosecutions specialising in terrorist offences called the CPS Special Crime and Counter Terrorist Division.
Preparation of Terrorist Act – Section 5 Terrorism Act 2006
It is an offence for a person to engage in the preparation of acts of terrorism, or to assist others in preparation of acts of terrorism. This includes attempts. It is an offence which requires proof that an individual had a specific intent to commit an act or acts of terrorism and can encompass a wide range of different levels of criminality, from a minor role in relation to intended acts all the way through to the planning of multiple murders.
Collecting Information - Section 58 Terrorism Act 2000
It is an offence to collect or make a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or to possess a document or record containing information of that kind.
It is an offence for a person to distribute a terrorist publication with the intention of encouraging acts of terrorism. A terrorist publication is one which could be useful to a person in the commission or preparation of acts of terror.
Encouraging Terrorism – Section 1 Terrorism Act 2006
It is an offence for a person to publish a statement or causes another to publish such a statement; and at the time he intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism or Convention offences; or is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate such acts or often.
The statement will be considered liable for prosecution, if it is understood by a reasonable person to be a direct or indirect encouragement to the commission, preparation, or instigation of acts of terrorism.
The statement is likely to be considered an act of encouraging terrorism if it glorifies, the commission or preparation of terrorist acts; and members of the public could reasonably infer that was is being glorified should be emulated by them.
Membership of a Proscribed Organisation – Section 11 Terrorism Act 2000
It Is an offence for a person to belong to proscribed organisation, if they knew at the time of joining that the group was proscribed and that they had not take part in any of the activities of the organisation.
Supporting a Proscribed Organisation – Section 12 Terrorism Act
It is an offence for a person to invite support to a proscribed organisation. It is also an offence; to express an opinion or believe that is supportive of a proscribed organisation, and in doing so is reckless to as to whether a person to whom the express is directed will be encouraged to support the proscribed organisation.
Sentencing Guidelines
https://www.sentencingcouncil.org.uk/sentencing-and-the-council/about-sentencing-guidelines/about-published-guidelines/sentencing-of-terrorism-offences
We accept instructions on a private basis. We also conduct work funded through the Legal Aid system, however we do not take on all publicly funded cases and not all lawyers in the firm are available for this work. Please contact us to discuss private case costs and eligibility for legal aid.
Telephone: 020 7734 9700