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Preparation of terrorist acts

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

Terrorism and security

Preparation of terrorist acts

Terrorism Act 2006, s.5

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

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Engages in any conduct in preparation for giving effect to an intention to commit acts of terrorism or to assist another to commit such acts (Terrorism Act 2006, s.5(1)).

Mens rea

  • The intention to commit acts of terrorism or to assist another to do so. The preparatory conduct can be any conduct.

Defences

No such intention · Conduct not in preparation for giving effect to that intention · Deny the conduct

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: 3 years’ custody – Life Imprisonment (minimum term 40 years).

View definitive guideline ↗

At the police station

Travel, purchases and reconnaissance can complete s.5 without an attack. 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.

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.