Terrorism and security
Encouragement of terrorism / dissemination of terrorist publications
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 15 years’ custody
Actus reus
- s.1: publishes a statement that is likely to be understood as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism (TA 2006). s.2 is dissemination of terrorist publications. Check the section.
Mens rea
- s.1: intends members of the public to be encouraged, or is reckless as to that. Glorification is dealt with in the section — read it rather than paraphrasing.
Defences
Statement not likely to be so understood · No intent and not reckless · s.1(6) / s.2 statutory defences if they apply (statement did not express the author’s views and was not endorsed — read the subsection)
Sentencing Council
Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 14 years’ custody.
At the police station
Online posts are typical. Identify s.1 versus s.2. Solicitor used to TA procedure.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. Terrorism Act detention needs a solicitor used to TA procedure.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Terrorism Act 2006, ss.1–2 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗