Terrorism and security
Support for a proscribed organisation
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
- Invites support for a proscribed organisation, or arranges/assists in arranging a meeting to support it, or addresses a meeting to encourage support (TA 2000, s.12 — read the charged subsection). Expressing an opinion is not enough on its own unless the subsection is met.
Mens rea
- The support/meeting/address mental element in the charged subsection. Recklessness as to encouragement appears in some s.12 limbs after later amendment — read the current text.
Defences
Organisation not proscribed · Conduct not within the charged s.12 limb · Statutory meeting defence if it applies (s.12(2A) and following — read before relying on it)
Sentencing Council
Sentencing Council guideline effective 01 October 2022. Offence range: High level community order – 13 years’ custody.
At the police station
Speeches and social-media posts still have to match a subsection. 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.12 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗