Terrorism and security
Possession for terrorist purposes
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.
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.
- Statute:Terrorism Act 2000, s.57 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗