- This is one of our main specialist areas of expertise under the heading of Serious Crime.
- We can help you if you or a friend or a member of your family has been arrested or charged with an offence of terrorism.
- We can quickly assemble our own defence team of experienced Solicitors and Barristers in an emergency to represent the individual concerned.
- We are always proactive in our representation and defence of the individual, always mindful of what the law requires before an individual can be charged, what the tests set out in the Code for Crown Prosecutors are and what the evidential burden of proof in relation to every element of the offence, which rests with the Prosecution, is. We will represent you or a friend or a member of your family in a proactive and vigorous way and we are able to instruct top experts who are well known to us to challenge any prosecution evidence which is disputed.
- Please call or email us. We will help you.
Terrorism is defined in the Terrorism Act 2000 (TACT 2000) and means the use or threat of action where:
- The action:-
- Involves serious violence against a person,
- Involves serious damage to property,
- Endangers a person’s life, other than that of the person committing the action,
- Creates a serious risk to the health or safety of the public or a section of the public, or,
- Is designed seriously to interfere with or seriously to disrupt an electronic system
- The use or threat is designed to influence the government or to intimidate the public or a section of the public,
- The use or threat is made for the purpose of advancing a political, religious or ideological cause.
- Where the use or threat of action as defined above involves the use of firearms or explosives it is always terrorism, whether or not the condition in (2) above is satisfied.
The Police work in conjunction with the Counter Terrorism Division (CTD) at the Crown Prosecution Service (CPS). It is the CTD who advises the Police in all terrorism cases.
All review decisions made by the CPS about whether or not to prosecute an individual for an offence of terrorism are made in line with the two tests set out in the Code for Crown Prosecutors which is (i) the evidential stage, followed by the (ii) the public interest stage.
The Evidential Stage
Prosecutors need to be satisfied first of all that there is sufficient evidence to provide a realistic prospect of conviction on each charge.
They must consider what the defence case may be, and how it is likely to affect the prospects of conviction.
A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.
The Public Interest Stage
In every case where there is sufficient evidence to justify a prosecution, Prosecutors must go on to consider whether a prosecution is required in the public interest.
When deciding the public interest, Prosecutors should consider each of the following guidelines:
- How serious is the offence committed?
- What is the level of culpability of the suspect?
- What are the circumstances of and the harm caused to the victim?
- Was the suspect under the age of 18 at the time of the offence?
- What is the impact on the community?
- Is prosecution a proportionate response?
- Do sources of information require protecting?
The Crown Prosecution Service has a continuous duty to review the evidence against an individual. We will continuously challenge any disputed evidence for the individual and we can make written representations and applications to dismiss even before a case proceeds to a Trial.