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Membership of a proscribed organisation

Terrorism and security — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Terrorism and security

Membership of a proscribed organisation

Terrorism Act 2000, s.11

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Belongs or professes to belong to a proscribed organisation (Terrorism Act 2000, s.11(1)).

Mens rea

  • Belonging or professing to belong. The organisation must be proscribed at the time.

Defences

Organisation not proscribed · Did not belong and did not profess to belong · s.11(2): became a member before proscription and has not taken part in activities since

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 13 years’ custody.

View definitive guideline ↗

At the police station

TA detention procedure. We want a solicitor used to that procedure. Do not discuss organisation politics in interview as if it were mitigation.

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.

More in Terrorism and security

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.