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WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR TERRORIST FUNDRAISING?

The repercussions of a charge for possessing articles for terrorist purposes can be life-altering, affecting not only your freedom but also your personal relationships, career, and standing in the community. If you or a loved one is under suspicion, has been detained, or is facing prosecution for possession of articles for terrorist purposes, it is entirely understandable to feel anxious and uncertain about what lies ahead. This article is intended to offer clear, accessible information about this offence, outline the legal process, and explain how a criminal defence solicitor can assist you at every stage.

Do I need a solicitor for possession of articles for terrorist purposes?

The offence of possessing articles for terrorist purposes is set out in Section 57 of the Terrorism Act 2000. This legislation makes it illegal to have any item in your possession if the circumstances suggest a reasonable suspicion that it is intended for use in terrorism. Note the prosecution does not have to prove that the article was actually used in a terrorist act.

If you are accused of this offence, it is crucial to have a solicitor on your side. The legal issues involved are highly technical, and the penalties for a conviction are severe, including lengthy imprisonment and the possibility of further restrictions under anti-terrorism laws.

Benefits of having a solicitor include:

  • A solicitor will safeguard your rights from the outset, guide you on how to respond to police questioning, and meticulously review the evidence against you.
  • They will also be able to spot any procedural mistakes or breaches of your rights, challenge the prosecution’s case, and develop a strong defence strategy tailored to your situation.
  • A solicitor can negotiate with the prosecution, advise you on plea options, and represent you in court, ensuring your case is presented as effectively as possible.

What are possible defences to possession of articles for terrorist purposes?

There are several potential defences to a charge of possession of articles for terrorist purposes, depending on the facts. One key aspect is the reason for possessing the article. If you can demonstrate that you had a legitimate, innocent reason for having the item, and that you did not intend or suspect it would be used for terrorism, this can be a strong defence. For instance, if you had the item for work, study, or personal reasons, and there is no evidence linking it to terrorist activity, this could undermine the prosecution’s case.

Another possible defence is lack of knowledge. If you were unaware that the article was in your possession, or did not know its nature or potential use, this may be a valid defence. The defence may also challenge the evidence connecting you to the article, or argue that the circumstances do not support a reasonable suspicion of terrorist intent. In some situations, the defence may rely on duress, claiming you were forced to possess the article under threat.

Will I get bail for possession of articles for terrorist purposes?

The Bail Act 1976 sets out the general rules for bail in England, but terrorism cases are subject to extra scrutiny and restrictions.

The court will weigh several factors when deciding on bail. These include the risk that the defendant might not return to court, commit further offences while on bail, or interfere with witnesses or obstruct justice. In terrorism-related cases, the risk of further offending or absconding is often considered higher, and the prosecution may strongly oppose bail. The court will also look at the strength of the evidence, the defendant’s criminal record, their connections to the community, and any other relevant details.

If bail is granted, it will almost certainly come with strict conditions. These might include living at a specified address, surrendering your passport, reporting regularly to the police, observing a curfew, or providing sureties (people who promise to ensure your attendance at court). In terrorism cases, there may be additional restrictions, such as limits on internet use, contact with certain individuals, or financial transactions. Breaching bail conditions can lead to immediate arrest and being held in custody.

Will I have to go to court if I’m arrested or charged for possession of articles for terrorist purposes?

If you are arrested or charged with possession of articles for terrorist purposes, you will almost certainly have to appear in court. This is an indictable-only offence, meaning it can only be tried in the Crown Court before a judge and jury. The process usually starts with a hearing in the Magistrates’ Court, where the case is formally sent to the Crown Court. You will be required to attend all court hearings, including the initial appearance, any bail hearings, pre-trial hearings, and the trial itself.

Failing to attend court when required is a criminal offence and can result in a warrant for your arrest. It can also seriously damage your case, as it may be seen as evidence of guilt or a lack of respect for the legal process.

Will I go to jail if found guilty of possession of articles for terrorist purposes?

Possession of articles for terrorist purposes is considered one of the most serious offences in English law, and a conviction almost always leads to a prison sentence. The length of the sentence depends on the specific details of the case, including the nature of the article, your role, your level of knowledge or suspicion, and any aggravating or mitigating factors.

Section 57 of the Terrorism Act 2000 allows for a maximum sentence of 15 years’ imprisonment for this offence. Sentencing guidelines provide a framework for judges, but there is a wide range of possible sentences, depending on the seriousness of the offence and your personal circumstances. Aggravating factors might include the type of article involved, evidence of planning or organisation, links to known terrorist groups, or previous convictions for similar offences. Mitigating factors could include a minor role in the offence, no previous convictions, genuine remorse, or evidence that you acted under duress.

Will I go to jail if it’s my first offence of possession of articles for terrorist purposes?

Even if this is your first offence, a conviction for possession of articles for terrorist purposes is very likely to result in a custodial sentence. The courts treat terrorism-related offences with the utmost seriousness, given the potential threat to public safety and national security. While being a first-time offender may be taken into account as a mitigating factor, it is rarely enough on its own to avoid a prison sentence.

More pressing for the court will be factors relating to the risk you pose to others. The court will consider all the circumstances, including the nature of the article, your involvement, your background, and any evidence of remorse or steps taken to address underlying issues.

Can I get Legal Aid for possession of articles for terrorist purposes?

Legal Aid is available for those facing charges of possession of articles for terrorist purposes, subject to both a merits test and a means test. The merits test considers the seriousness of the charge and the complexity of the case. As this is an indictable-only offence with the risk of a lengthy prison sentence, it will almost always satisfy the merits test.

The means test looks at your financial situation to decide if you qualify for Legal Aid and, if so, whether you must contribute towards your legal costs. The assessment takes into account your income, savings, assets, and household circumstances, including the number of dependants and any financial commitments.

A solicitor can help you complete the Legal Aid application, making sure all relevant information is provided and your eligibility is properly assessed. They can also advise you on what evidence you need to supply, such as payslips, bank statements, and details of your household expenses. If your application is refused, your solicitor can help you appeal the decision or look for alternative sources of funding.

Where to get more help

If you or someone you know is facing a charge of possession of articles for terrorist purposes, take steps to secure expert legal advice immediately. The consequences of a conviction are severe, and the legal process is complex and stressful. Stuart Miller Solicitors have extensive experience in defending clients accused of terrorism-related offences, including possession of articles for terrorist purposes. In this regard, our team of dedicated criminal defence solicitors will provide clear, practical advice, robust representation, and unwavering support throughout your case. For a free, confidential consultation, contact Stuart Miller Solicitors without delay.

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