Vulnerable Schoolboy Charged With Planning a Terror Attack

The Client

Our client from was 14 years year old when he was alleged to have begun communicating with a Proscribed Organisation. He was charged, and put on trial at Leeds crown court, aged 16 with the preparation of terrorist acts, contrary to section 5 of the Terrorism Act 2006.

He was facing an exceptionally serious prosecution involving allegations of extreme right-wing terrorism. His age, vulnerability and neurodevelopmental presentation were central to understanding how he had become involved in extremist online activity and how the prosecution case should properly be assessed.

The Allegations

The prosecution alleged that our client had developed white-supremacist beliefs and had become involved online with The Base, a proscribed extreme right-wing organisation.

He had communicated extensively with older individuals online, displayed increasingly racist and antisemitic views and become progressively isolated from his family while spending substantial periods alone communicating through his computer.

The prosecution relied upon evidence that he had been encouraged to promote extremist material within his local community. It was also alleged that he had participated in online discussions concerning potential damage to infrastructure, including railway and electricity networks.

The central allegation was that this conduct demonstrated preparation for terrorist acts, rather than merely the possession or expression of extremist beliefs.

Our Strategy and Work

From an early stage, we recognised that the prosecution’s interpretation of our client’s conduct had to be examined in the context of his age and vulnerability. He was a child communicating with older individuals online and was alleged to have been drawn into an extremist ideology through those relationships.

We obtained specialist expert evidence and our client was diagnosed as being on the autistic spectrum. His neurodevelopmental presentation, susceptibility to influence and the process by which older extremists had befriended and influenced him were important features of the defence case.

We carefully examined the online communications and the circumstances in which they had taken place. It was essential to distinguish between material that was offensive or extremist and evidence capable of proving the specific intention required for preparation of terrorist acts under section 5.

The defence also addressed the way in which online radicalisation and potential grooming can affect a child’s understanding, decision-making and apparent commitment to an ideology. The prosecution case had to be assessed fairly and in light of the fact that our client was not an adult acting independently, but a highly vulnerable child interacting with older extremists online.

The case required specialist consideration of terrorism law, child defendants, autism, online radicalisation and the potential influence of proscribed organisations.

Outcome

Following a lengthy Crown Court trial in Leeds, the jury was unable to reach a verdict and having heard from the young Defendant and the experts in court throughout the trial, they decided not to seek a retrial and thus our client avoided a lengthy custodial sentence and a life changing conviction.

Comments from Elizabeth Syddall

“When terrorism allegations involve a child, the court must understand not only the material relied upon but also the child’s age, development, vulnerability and the influence of those around them. This case involved complex issues of autism, online radicalisation and potential grooming by older extremists. The decision not to pursue a retrial for the section 5 allegation avoided the most serious consequence our client faced and made a significant difference to the sentence imposed.”

Elizabeth Syddall, Clifford Johnston & Co.

Specialist Terrorism Defence Lawyers

Clifford Johnston & Co represents individuals facing serious terrorism investigations and prosecutions, including allegations of preparing terrorist acts and offences involving proscribed organisations or extremist material.

We provide robust advice and representation throughout police investigations and Crown Court proceedings.

If you are under investigation or facing prosecution for a terrorism offence, contact our specialist Terrorism Defence Lawyers for immediate legal advice.