WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR MEMBERSHIP OF PROSCRIBED ORGANISATIONS OR TERRORIST GROUPS?

Facing allegations of membership of proscribed organisations or terrorist groups is an extremely serious matter under English criminal law. If you or someone you know is under investigation or has been charged with this offence, it is natural to feel anxious and uncertain about what lies ahead. This article aims to provide clear, accessible information about what the offence involves, why legal representation is essential, what defences may be available, the likelihood of bail, whether you will have to attend court, the risk of imprisonment, and how to access Legal Aid. If you are seeking help, it is important to act quickly and seek advice from a specialist criminal defence solicitor.

Do I need a solicitor for membership of proscribed organisations / terrorist groups?

Membership of a proscribed organisation is an offence under Section 11 of the Terrorism Act 2000. The Act makes it illegal to belong to, or profess to belong to, an organisation that has been proscribed (banned) by the Home Secretary because it is believed to be concerned in terrorism. The list of proscribed organisations is regularly updated and includes groups associated with a range of ideologies.

If you are suspected of this offence, having a solicitor is critical, without a doubt. The law is highly technical, and the prosecution must prove not only that the organisation is proscribed, but also that you were a member or claimed to be a member. The evidence used in these cases can be complex, often involving surveillance, digital communications, and sometimes undercover operations. A solicitor will be able to scrutinise the evidence, identify any weaknesses in the prosecution’s case, and ensure that your rights are protected at every stage.

Without a solicitor, you may not fully understand the nature of the allegations, the potential consequences, or the best way to respond to police questioning. A solicitor will advise you on whether to answer questions in an interview, help you prepare your defence, and represent you in court. They can also negotiate with the prosecution, for example, to seek a lesser charge or to argue for bail. Given the seriousness of the offence and the complexity of the law, trying to navigate the process without expert legal advice puts you at significant risk.

What are possible defences to membership of proscribed organisations / terrorist groups?

To secure a conviction for membership of a proscribed organisation, the prosecution must show you had knowledge of the organisation’s status and that you were actively involved or claimed to be involved. A solicitor will carefully build a defence around whether the prosecution can actually prove these elements. For example, if you were not aware that the organisation was proscribed, or if you were not in fact a member, these may be grounds for a defence. Sometimes, people are accused of membership based on association with individuals or attendance at certain events, but this does not necessarily amount to membership. A solicitor will challenge any assumptions or inferences made by the prosecution and will ensure that your side of the story is properly presented.

In some cases, it may be possible to argue that your involvement was innocent or that you were coerced or misled. The context of your actions, your intentions, and your knowledge at the time are all relevant. A solicitor will tailor your defence to the specific facts of your case, ensuring that any available legal arguments are put forward forcefully and effectively.

Will I get bail for membership of proscribed organisations / terrorist groups?

The court will consider a range of factors when deciding whether to grant bail. These include the seriousness of the offence, the strength of the evidence, the risk that you might abscond (fail to attend court), the risk of committing further offences, and the risk of interfering with witnesses or obstructing the course of justice.

Because this offence is considered very serious and is often linked to concerns about public safety, the prosecution may argue strongly against bail. However, bail is not automatically refused. The court may impose strict conditions, such as surrendering your passport, reporting regularly to a police station, living at a specified address, or being subject to a curfew. In some cases, electronic monitoring (tagging) may be required.

Will I have to go to court if I’m arrested or charged for membership of proscribed organisations / terrorist groups?

If you are arrested or charged with membership of a proscribed organisation, it is highly likely that you will have to attend court. This offence is indictable only, which means it can only be tried in the Crown Court before a judge and jury. The process usually begins with a hearing in the Magistrates’ Court, where the case is formally sent to the Crown Court.

Some occasions when you might have to go to court include:

• Your first appearance in the Magistrates’ Court, where the charges are formally put to you and the case is sent to the Crown Court.
• Plea and trial preparation hearings in the Crown Court, where you will be asked to enter a plea and the timetable for your case is set.
• Any bail hearings, where the court decides whether you should be released on bail or remanded in custody.
• The trial itself, where the evidence is heard and a verdict is reached.
• Sentencing hearings, if you are found guilty or plead guilty, where the court decides what penalty to impose.

You will be required to attend all court hearings unless you are excused by the court. Failing to attend can result in a warrant being issued for your arrest and may harm your case.

Will I go to jail if found guilty of membership of proscribed organisations / terrorist groups?

The penalties for membership of a proscribed organisation are severe. If you are found guilty, you could face a maximum sentence of 10 years’ imprisonment, an unlimited fine, or both. The actual sentence will depend on a range of factors, including the nature and extent of your involvement, whether you played a leading or supporting role, your previous convictions (if any), and any aggravating or mitigating circumstances.

The court will consider the seriousness of the offence, the risk posed to the public, and the need to deter others from similar conduct. In some cases, the court may also impose additional orders, such as notification requirements or restrictions on your activities after release.

Will I go to jail if it’s my first offence of membership of proscribed organisations / terrorist groups?

Even if this is your first offence, the risk of a custodial sentence is high due to the seriousness of the offence. The court will take into account the fact that you have no previous convictions, which may be a mitigating factor, but this does not guarantee that you will avoid prison. The court will look at the specific facts of your case, including your level of involvement, your intentions, and any harm caused or risked.

If your involvement was limited, if you played a minor role, or if there are exceptional circumstances, your solicitor may be able to argue for a suspended sentence or a community order instead of immediate imprisonment. However, the starting point for sentencing is usually a custodial sentence, especially where there is evidence of active participation or support for the organisation’s activities.

Can I get Legal Aid for membership of proscribed organisations / terrorist groups?

Legal Aid is available for those facing charges of membership of a proscribed organisation, subject to both a merits test and a means test.

• The merits test considers whether it is in the interests of justice for you to have legal representation. Given the seriousness of the offence and the complexity of the law, this test is almost always satisfied in these cases.
• The means test looks at your financial situation, including your income, savings, assets, and household circumstances. If you are on a low income or receive certain benefits, you are likely to qualify for Legal Aid. If your income is above a certain threshold, you may have to make a contribution towards your legal costs, or you may not qualify at all.

A solicitor will help you complete the Legal Aid application, gather the necessary documents, and advise you on your chances of qualifying. They can also appeal if your application is refused. It is important to apply for Legal Aid as soon as possible to ensure that you have representation from the earliest stage.

Where to get more help

If you or someone you care about is facing allegations of membership of a proscribed organisation or terrorist group, secure expert legal advice without delay. The team at Stuart Miller Solicitors will guide you through every stage of the process, from police interview to court proceedings, and will fight tirelessly to protect your rights and secure the best possible outcome. For a free, confidential consultation, contact us today.

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15:43 11 Oct 24

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10:19 30 Sep 24

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14:13 14 Aug 24

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19:53 11 Aug 24

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09:14 10 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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15:02 30 Jun 24

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11:59 25 Jun 24

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

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Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

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