
Being accused of terrorist fundraising is a deeply serious matter under English law, carrying severe penalties and far-reaching consequences for your future, reputation, and personal life. If you or someone you care about is under investigation, has been arrested, or has been charged with terrorist fundraising, it is natural to feel frightened and uncertain about what will happen next. This article is designed to provide clear, accessible information about terrorist fundraising charges in England, what you can expect from the legal process, and how a criminal defence solicitor can help you at every stage.
Terrorist fundraising is a statutory offence under the Terrorism Act 2000, specifically sections 15 to 17. These sections make it a criminal offence to invite others to provide money or other property for the purposes of terrorism, to receive or possess money or property for terrorist purposes, or to use or manage funds knowing or having reasonable cause to suspect they may be used for terrorism. The law is drafted broadly, and the prosecution does not need to prove that the money was actually used for terrorism; they only have to prove that there was an intention or suspicion that it might be.
If you are facing an allegation of terrorist fundraising, it is absolutely vital that you have a solicitor represent you. The law in this area is highly complex, and the consequences of a conviction are extremely serious, including lengthy prison sentences and the risk of further restrictions under anti-terrorism legislation.
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Possible defences to terrorist fundraising depend on the specific facts of the case. One of the most important elements the prosecution must prove is that the defendant knew or had reasonable cause to suspect that the money or property was intended for terrorist purposes. If the defendant can show that they had no knowledge or suspicion of any link to terrorism, this may be a strong defence. For example, if someone donated money to a charity believing it to be legitimate, and had no reason to suspect it was connected to terrorism, this could be a valid defence.
Another possible defence is that the money or property was not intended for terrorism at all, but for a lawful purpose. The defence may also challenge the evidence linking the defendant to the funds, or argue that the prosecution has failed to prove the necessary mental element (knowledge or suspicion). In some cases, the defence may rely on duress, arguing that the defendant was forced to act under threat of harm.
Bail is a particularly complex issue in cases involving allegations of terrorist fundraising, given the seriousness of the offence and the potential risks involved. When someone is charged with terrorist fundraising, the court must decide whether to grant bail or remand the defendant in custody until the trial. The Bail Act 1976 provides the legal framework for bail decisions in England, but terrorism cases are subject to additional scrutiny and restrictions.
The court will consider several factors when deciding whether to grant bail. These include the risk that the defendant might fail to attend court, commit further offences while on bail, or interfere with witnesses or obstruct the course of justice. In cases of terrorist fundraising, the risk of further offending or absconding is often considered higher, and the prosecution may strongly oppose bail. The court will also consider the strength of the evidence, the defendant’s previous convictions, their ties to the community, and any other relevant circumstances.
If bail is granted, it is likely to be subject to strict conditions. These may include residing at a particular address, surrendering travel documents, reporting regularly to a police station, observing a curfew, or having sureties (people who guarantee the defendant’s attendance at court). In terrorism cases, additional conditions may be imposed, such as restrictions on internet use, association with certain individuals, or financial transactions. Breaching bail conditions can result in immediate arrest and remand in custody.
If you are arrested or charged with terrorist fundraising, you will almost certainly have to attend court. Terrorist fundraising is an indictable-only offence, 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. 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 in itself and can result in a warrant being issued for your arrest. It can also seriously harm your case, as it may be seen as evidence of guilt or a lack of respect for the legal process.
The Terrorism Act 2000 provides for a maximum sentence of 14 years’ imprisonment for terrorist fundraising offences. The Sentencing Council provides guidelines to judges, but there is a wide range of possible sentences, depending on the seriousness of the offence and the defendant’s personal circumstances. Aggravating factors may include the amount of money involved, evidence of planning or organisation, links to known terrorist groups, or previous convictions for similar offences. Mitigating factors may include a lesser role in the offence, lack of previous convictions, genuine remorse, or evidence that the defendant was acting under duress.
A solicitor will present mitigation on your behalf, highlighting any factors that may reduce the sentence, such as a guilty plea at an early stage, cooperation with the authorities, or steps taken to address underlying issues.
Even if it is your first offence, a conviction for terrorist fundraising is highly likely to result in a custodial sentence. The courts treat terrorist offences with the utmost seriousness, given the potential threat to public safety and national security. While the fact that it is your first offence may be taken into account as a mitigating factor, it is unlikely to be sufficient on its own to avoid a prison sentence.
The court will consider all the circumstances, including the nature of the offence, your role in the incident, your personal background, and any evidence of remorse or steps taken to address underlying issues. In rare cases, where the offence is at the lower end of the scale and there are exceptional mitigating circumstances, the court may impose a suspended sentence or a community order.
Legal Aid is available for those facing terrorist fundraising charges, subject to both a merits test and a means (income) test. The merits test considers the seriousness of the charge and the complexity of the case. Given that terrorist fundraising is an indictable-only offence carrying the risk of a lengthy prison sentence, it will almost always meet the merits test.
The means test assesses your financial circumstances to determine whether you qualify for Legal Aid and, if so, whether you must make a contribution 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. If your income is below a certain threshold, you may be eligible for full Legal Aid with no contribution. If your income is above the threshold, you may still qualify but be required to pay a monthly contribution towards your legal costs. If your income or assets are significantly above the threshold, you may not qualify for Legal Aid and will need to fund your defence privately.
If you or someone you care about is facing a terrorist fundraising charge, get expert legal advice as soon as possible. The consequences of a conviction are severe, and the legal process is complex and daunting. Stuart Miller Solicitors are highly experienced in defending clients accused of terrorist fundraising and other serious offences. 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 us today.
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