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Possession for terrorist purposes

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

Terrorism and security

Possession for terrorist purposes

Terrorism Act 2000, s.57

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

  • Possesses an article in circumstances which give rise to a reasonable suspicion that the possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism (TA 2000, s.57(1)).

Mens rea

  • The Crown proves possession in those circumstances. It is a defence to prove that possession was not for such a purpose (s.57(2)).

Defences

No possession · Circumstances do not give rise to the statutory suspicion · Possession not for a terrorist purpose (s.57(2))

Sentencing Council

Sentencing Council guideline effective 27 April 2018. Offence range: 1 – 14 years’ custody.

View definitive guideline ↗

At the police station

s.57 and s.58 are different. Chemicals, wires and phones need a purpose argument, not a lecture on the article list.

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.