Terrorist fundraising is an offence that can come with a stiff punishment. This article provides detailed guidance on the typical sentencing for this offence.

What is the sentence for Terrorist fundraising in 2020?

Terrorist fundraising is an offence prosecuted in the UK under the Terrorism Act.

The government have identified a long list of proscribed organisations who they deem could create instability or danger to the citizens and property of the UK. If you get caught fundraising, contributing to or supporting these organisations, you could face a harsh penalty such as imprisonment.

Here are some examples of acts that would fall under the crime of terrorist fundraising and would require legal help from experienced solicitors:

Inviting people to donate money to a terrorist or a proscribed organisation – for instance, making collections in a religious building or community building with the intent to use the money to fund activities related to the organisation.

Contributing to terrorist organisations – for example, giving cash, loans or gifts to any proscribed organisation.

In addition to these examples of terrorist fundraising, there are many more not listed here. If you would like to know more about this crime and what acts comprise committing the offence of terrorist fundraising,  get in touch. If you don’t see your particular situation listed here and need to know if it would fall under this offence, contact us for further information either through our contact form or on 0208 888 5225.

Below you’ll find further information about terrorist fundraising offences and potential sentencing. We have put together some of the questions that our clients typically ask. The answers are here, but if you don’t find information on what you need to know, then feel free to call us on 0208 888 5225 with questions. We are are here to help and happy to do so.

It’s important to note that a skilled and competent solicitor with experience in the offence of terrorist fundraising may be able to get your prison sentence reduced, or avoided entirely.

Have you been charged with terrorist fundraising?

Being charged or arrested with terrorist fundraising is frightening. It will make you feel stressed out and worried about what the outcome may be of any potential court case.

Being separated from loved ones because you’re in prison is not something that anybody would enjoy or feel is an achievement. Making a consistent income from behind bars will be nigh on impossible, and your dependents will suffer through not being able to pay bills, rent or mortgage payments.

If the police force is involved in your situation, they will take you to the police station for an interview. They will ask you questions that are very investigative and invasive, the idea being to put you under pressure so that you blurt out extra information that they can use as evidence in Court.

In addition to wanting to find out more about what your activities have been in regards to this offence, they will be trying to find out who your contacts are.

The situation in which you now find yourself is one where you must have a legal advisor at your side to support you.

What is the average sentence for terrorist fundraising offences?

The maximum sentence for terrorist fundraising offences is 13 years, but this can increase if there are aggravating factors involved such as not complying with warnings, teaching or encouraging others or non-compliance with court orders.

What are some of the mitigating factors that might reduce the terrorist fundraising sentence?

When sentencing for terrorist fundraising offences, your case will be investigated thoroughly by the police and other regulatory agents.

Your case will be an investigation for group activities and whether you were forced to take part. If you’ve used a false identity, or you have used the identity of others to access more funds, this will be considered to decide your sentence.

Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. One of the factors judges consider in every case of this nature is the defendant’s level of genuine remorse.

The following are some of the other factors considered when the Court decides which sentence to give. They will look at:

  • Any previous conviction
  • Your level of remorse
  • Your level of cooperation with the investigation
  • Whether the activity you took part in was originally legitimate
  • Your reputation / good character
  • Whether you have any serious medical conditions that require long term, urgent or intensive treatment
  • Whether you have a learning disability or a mental disorder
  • Whether you are the sole or primary carer for related dependents

Is it possible to reduce a sentence for terrorist fundraising with a guilty plea?

Many changes have been made to the UK’s sentencing system. The purpose being to save the court resources and to protect witnesses from the stress of going through a needless trial. For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third (maximum). The later the plea is entered, the smaller the reduction.

‘Early on’ refers to ‘the first stage of the proceedings’ and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences.

If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure; although the decision is ultimately in the hands of the Judge who has the discretion to apply whatever credit is deemed appropriate.

After these times, there is a sliding scale of credit applied. This goes down to one-tenth on the first day of the trial and to zero if entered during the course of the trial. In theory, the ten per cent could be given if the plea is issued after the opening speeches on the first day, but before any witness evidence being heard.

If the accused does not want to plead guilty, then it’s essential for the solicitor to regularly inform the Court throughout the trial of the reasons why the client’s plea is not guilty.

What are some of the other consequences of terrorist fundraising offence?

Ancillary Orders

A court can also make ancillary orders on a defendant if they are found guilty and convicted of a terrorist fundraising offence. These are extra elements of punishment that can be added to a sentence and include additional restrictions or requirements that can affect a dependent’s finances, your property or business or financial activity.

Ancillary orders that are typically added to the penalty for those who are found to be guilty of terrorist fundraising include:

  • Compensation for loss
  • Restraint orders
  • Reparation orders
  • Financial reporting order
  • Disqualification from directing a company
  • Confiscation orders

As part of your investigation, you may also have your assets frozen with the possibility of having cash or other assets seized.

Besides, the Court may demand payment of the following if the accused is convicted:

Payment of costs applied for by the prosecutors

Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted. These may include the costs of:

  • The work done in obtaining sufficient evidence for prosecution either at the initial stage or later at the request of Crown Prosecution Service (CPS)
  • Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).
  • Re-interviewing witnesses
  • The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. At the end of the case, the prosecutor under The Prosecution of Offences Act 1985 will request the Judge to order a sum to be paid for the costs incurred by the prosecutor in bringing the prosecution.

Victims surcharges

The term victims’ surcharges can be explained as paying compensation to a fund for victims and can range between £20 to £170 depending on what sentence you were given at conviction.

How sentences can be added to national information databases

Several national databases hold information about individuals and any allegations made about them, their criminal and court records. These include the DBS (Disclosure and Barring Service) which was previously known as the CRB (Criminal Record Bureau) and the Police National Computer (PNC).  Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases. Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities.

If your case progresses to Court and you are convicted of terrorist fundraising and defrauding the HMRC tax office, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.

Below are details on how long you will be listed as holding a criminal record if convicted. This is something severe to consider when it comes to future employment. The term ‘spent’ refers to when your name can be removed from the databases.

Rehabilitation Period
(the time it takes for the sentence to become ‘spent’)
Sentence Adult (aged 18+) at time of conviction Young person (aged under 18) at time of conviction
Prison sentences of more than 4 years Sentence is never spent Sentence is never spent
Prison sentences of more than 2.5 years (30 months) but less than 4 years Sentence length 7 years Sentence length 3.5 years
Prison sentences of more than 6 months but less than 2.5 years (30 months) Sentence length +4 years Sentence length +2 years
Prison sentences of less than 6 months Sentence length + 2 years Sentence length +18 months
Conditional Discharge Length of order Length of order
Absolute Discharge None None
Conditional Caution 3 months 3 months
Simple Caution / Youth Caution None – immediately ‘spent’ None – immediately ‘spent’
Other Including Compensation Order, Supervision Order, Bind Over, Hospital Order Length of the order / once compensation is paid Length of the order / once compensation is paid

How Can Stuart Miller Solicitors Help?

As a legal firm specialising in all terrorism-related offences, Stuart Miller Solicitors are one of the largest and most prominent criminal defence law firms in the UK.

Over three decades of practice, our legal team have developed deep experience in handling terrorist fundraising cases and know how to give the ultimate in defence support to every client who is facing accusations. Over the thirty years that we’ve been operating in the law field, we have also developed excellent relationships with other legal professionals.

Every case that we take on benefits from the relationship we have with the country’s best QCs, Barristers and forensic analysts. Our team will carefully inspect every piece of evidence produced by the prosecution. We will develop our counter-arguments to combat those of the opposing side.

Known for achieving acquittals and reduced sentences, our team have some of the sharpest legal minds in the UK. Each team member is determined to win every case and will develop an almost bulletproof defence to give you the protection you need from the prosecution.

Our entire team is here to support you. You’ll be assigned a lawyer, a caseworker and a barrister when you take us on. Our commitment to our clients is second to none, which you’ll see for yourself from day one.

Would you like to discuss your case before instructing us?

Today, more than ever, it’s vital to take on solicitors who have a proven track record at defending terrorist fundraising cases. Many solicitors may set themselves up to offer legal defence services, but there’s a big difference between a newbie and a legal defence firm like Stuart Miller Solicitors. Our experience and successes speak for themselves.

If you’d like to join us for a free thirty-minute consultation about your case, where you can express your concerns, ask questions and receive some sound legal advice, complete this form or call us on 0208 888 5225.  Our emergency telephone number is 07980 000 076.

Get in touch with us now for terrorist fundraising legal help.

 

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