Terrorism and security
Failure to disclose information about acts of terrorism
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 10 years’ custody
Actus reus
- Has information which he knows or believes might be of material assistance in preventing the commission by another of an act of terrorism, or in securing the apprehension, prosecution or conviction of another for an offence involving the commission, preparation or instigation of an act of terrorism, and does not disclose it as soon as reasonably practicable (TA 2000, s.38B(1)–(2)).
Mens rea
- Knowledge or belief that the information might be of that material assistance. The failure is not disclosing as soon as reasonably practicable.
Defences
No such knowledge or belief · Disclosure was made as soon as reasonably practicable · Reasonable excuse (s.38B(4))
Sentencing Council
Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 9 years' custody.
At the police station
This is s.38B, not the regulated-sector funding disclosure in s.19. Take instructions on what the client knew and when. 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 2000, s.38B ↗
- Sentencing Council:Sentencing Council definitive guideline ↗