Defending Terrorism Charges

The firm’s approach is to provide specialist terrorism defence from the earliest stage of an investigation, drawing together the appropriate legal and evidential expertise for each case. This includes working with experienced terrorism counsel where specialist advice or advocacy is required, alongside the firm’s expertise in serious criminal defence and complex Crown Court litigation.

Arrest Under Section 41 of the Terrorism Act 2000

Section 41 of the Terrorism Act 2000 gives police a power to arrest without warrant a person reasonably suspected of being a terrorist. The detention regime is different from an ordinary arrest under the Police and Criminal Evidence Act 1984.

A person arrested under section 41 can currently be detained before charge for a maximum of 14 days. Continued detention is subject to the statutory review and judicial-extension procedure in Schedule 8. Because the investigation may develop rapidly during detention, legal strategy at the police station can be critical.

Our work at this stage can include:

• obtaining and analysing the available police disclosure before interview;
• taking detailed instructions and identifying factual or legal issues that need to be preserved from the outset;
• advising on interview strategy, including whether to answer questions, provide a prepared statement or adopt another lawful approach;
• challenging inappropriate questioning or procedural unfairness and protecting access to legal advice;
• identifying evidence that should be secured quickly, including CCTV, messages, location data, witnesses or other digital material;
• advising family members about the detention process and what information can properly be provided.

Schedule 7 Examinations at Airports and Ports

Schedule 7 to the Terrorism Act 2000 gives specially authorised officers powers at ports, airports and certain border locations to examine a person for the purpose of determining whether they appear to be involved in the commission, preparation or instigation of terrorism. The power can be used without the officer first having reasonable grounds to suspect the person of terrorism.

A Schedule 7 examination is not the same as an ordinary voluntary police interview. A person being examined has statutory duties to answer questions and provide information and specified documents. Examinations cannot exceed six hours, and questioning beyond the first hour requires detention under the Schedule 7 regime.

The powers can also involve searches and examination of electronic devices and may include requests for PINs or passcodes. If a Schedule 7 encounter develops into suspected criminal offending, the legal position and safeguards can change. Specialist advice is particularly important where material obtained at the border may later be relied on in a criminal investigation.

What is Terrorism in Law?

The Terrorism Act 2000 contains a broad statutory definition. In general terms, terrorism can involve the use or threat of serious violence, serious damage to property, conduct endangering life, conduct creating a serious risk to public health or safety, or serious interference with an electronic system, where the statutory purpose and cause requirements are met. Special rules apply in cases involving firearms or explosives.

The fact that conduct is politically, religiously, racially or ideologically motivated does not by itself prove a terrorism offence. The prosecution must prove the elements of the particular offence charged and any necessary intention, knowledge or recklessness.

What Terrorism Offences Do We Defend?

Terrorism investigations can involve a wide range of allegations under the Terrorism Act 2000, Terrorism Act 2006, Counter-Terrorism and Border Security Act 2019 and related legislation. We advise on allegations including:

• preparation of terrorist acts under section 5 of the Terrorism Act 2006;
• encouragement or glorification of terrorism and dissemination of terrorist publications;
• membership of, support for or activity connected with a proscribed organisation;
• possession, collection or online viewing of information said to be useful to a person committing or preparing an act of terrorism;
• terrorist training offences;
• entering or remaining in a designated area where the statutory offence applies;
• terrorist property, fundraising, funding and money-laundering allegations;
• failure to disclose information about terrorism where a statutory duty is alleged;
• conspiracy, explosives, firearms, murder or other serious offences alleged to have a terrorist connection.

Preparation of Terrorist Acts

Section 5 of the Terrorism Act 2006 is one of the most serious terrorism offences. It can apply where a person, with the required intention, engages in conduct in preparation for giving effect to an intention to commit acts of terrorism or assisting another person to do so. The prosecution may rely on conduct well before any planned attack is capable of taking place.

Cases may turn on what apparently ordinary conduct was intended to achieve. Research, travel plans, purchases, communications, training activity, maps, notes, searches or possession of equipment may be relied on as part of a wider evidential picture. The defence must therefore examine both the individual items and the prosecution chronology as a whole. The maximum sentence is life imprisonment.

Online Material, Publications and Digital Evidence

Modern terrorism investigations are frequently digital-evidence cases. Police may examine phones, computers, cloud accounts, encrypted messaging applications, social media, browsing history, downloaded files, deleted data, photographs, videos, metadata and communications with other people.

The existence of material on a device does not always answer who accessed it, why it was present, whether it was knowingly possessed, how it was obtained, or what inference can safely be drawn from it. Depending on the allegation, important issues may include device attribution, shared access, automatic downloads, cached material, translation, context, date and time data, search methodology and the reliability of forensic extraction.

Where appropriate, we can work with digital-forensic, linguistic or other experts and challenge interpretations that go beyond what the underlying data reliably proves.

Terrorist Financing and Financial Evidence

Terrorist-financing investigations can involve bank accounts, cash transfers, cryptocurrency, fundraising, charitable donations, business transactions and allegations that money or property was made available for terrorism. The statutory offences have specific knowledge, suspicion and purpose requirements that must be analysed carefully.

A defence may require tracing the source and destination of funds, establishing the legitimate purpose of transactions, examining who controlled an account or wallet, and distinguishing association or ordinary financial activity from criminal participation. Asset restraint or freezing issues may arise under separate statutory regimes and require prompt advice.

Proscribed Organisations

The Terrorism Act 2000 creates offences relating to proscribed organisations, including membership and forms of support. Other provisions can apply to meetings, expressions of support and the display or publication of images in circumstances covered by the legislation.

These cases can depend heavily on context and the precise statutory allegation. Attendance, online activity, words, images or contact with another person should not be treated as automatically proving membership or unlawful support. The prosecution must prove the relevant offence beyond reasonable doubt.

How is Evidence Challenged in a Terrorism Investigation?

Terrorism cases can involve very large volumes of material gathered over long periods. A defence strategy may need to address:

• digital-forensic evidence from phones, computers and online accounts;
• surveillance, body-worn video, CCTV and location evidence;
• covert recordings and evidence from undercover operations;
• financial transactions and cryptocurrency records;
• translations, interpretation and cultural or political context;
• expert evidence about devices, explosives, weapons, chemicals or other specialist subjects;
• attribution: whether a particular person created, accessed, possessed or controlled the material relied upon;
• the difference between lawful interest, research or association and conduct proving a criminal intention.

Evidence must be tested item by item and as part of the alleged overall narrative. A large quantity of material does not relieve the prosecution of the obligation to prove each ingredient of the offence.

Pre-charge Engagement in Terrorism Investigations

Not every terrorism investigation results in charge. Where appropriate, the period before a charging decision can be used proactively rather than simply waiting for the investigation to conclude.

Depending on the case, we may identify evidence that has not been obtained, provide material giving an alternative explanation, correct factual assumptions, propose reasonable lines of enquiry, obtain expert evidence and make focused written representations addressing the charging test.

Pre-charge engagement must be strategic. Providing too much material without understanding the allegation can create avoidable difficulties. The objective is to identify the legal and evidential issues that genuinely matter and put reliable defence material before investigators at the right stage.

What Happens If I Am Charged?

Serious terrorism prosecutions are dealt with in the Crown Court and may involve lengthy preparation, extensive disclosure, expert evidence and complex legal applications. We prepare the defence around the precise offence charged and the evidence said to prove it, including challenges to admissibility, disclosure, attribution, intent and expert conclusions where appropriate.

Sentencing law for terrorism offences is specialist and has changed significantly in recent years, including through the Counter-Terrorism and Sentencing Act 2021. The maximum sentence depends on the offence. For example, preparation of terrorist acts under section 5 of the Terrorism Act 2006 carries a maximum of life imprisonment, while section 58 collection or possession of information likely to be useful to a terrorist carries a maximum of 15 years. Certain offenders may also be subject to special terrorism sentencing, release, licence and notification provisions.

Professional, Immigration and Reputational Consequences

A terrorism investigation can have consequences beyond the criminal case. Depending on the circumstances, there may be employment, professional-regulatory, DBS, immigration, travel, university, safeguarding or reputational issues.

Clifford Johnston & Co. also has specialist professional-discipline and DBS expertise. Where a client is regulated or works in a sensitive role, the criminal strategy can be coordinated with reporting obligations, employer action and regulatory proceedings so that an answer given in one process does not unnecessarily prejudice another.

Why Choose Clifford Johnston & Co.?

• 24/7, 365-day criminal defence assistance for urgent arrests and police-station matters.
• More than three decades of serious-crime defence experience and Law Society Criminal Litigation Accreditation.
• Proactive pre-charge work focused on evidence, reasonable lines of enquiry and representations before a charging decision.
• Experience handling complex digital, financial and expert evidence in serious criminal investigations.
• A criminal defence team led by Jared McNally, Partner and Head of Crime and Professional Discipline.
• Integrated criminal, professional-discipline and DBS advice where an allegation threatens both liberty and career.
• Representation from Manchester and Stockport for clients throughout England and Wales.

Frequently Asked Questions

Speak to our Terrorism Defence Lawyers

Our serious crime solicitors represent clients facing serious and complex terrorism investigations across England and Wales. We provide clear, strategic advice from the earliest stage and work to protect your rights, liberty and reputation.

If you have been arrested, detained, stopped under Schedule 7, invited to a police interview or told that you are under investigation for a terrorism offence, contact us immediately. Early legal advice can have an important impact on how your case develops.

We are available 24 hours a day. Call the number at the top of the page or complete the form below for confidential advice and specialist representation from our Manchester and Stockport criminal defence team.