The offence
Section 5 of the Terrorism Act 2006 makes it an offence to engage in conduct with the intention of assisting or preparing a terrorist act, whether or not the act is carried out. The offence is triable only on indictment and carries up to life imprisonment.
Defences
- No intention to assist or prepare a terrorist act
- The conduct had a legitimate explanation
- No connection to any intended terrorist act
- Challenges to the admissibility and interpretation of evidence
Sentencing
The offence carries up to life imprisonment. The guidelines assess the proximity to a planned act, the defendant’s role, and the seriousness of the intended act. Notification requirements and other orders follow conviction.
Frequently asked questions
No. The offence is the preparation, with intent. The prosecution need not prove any act was carried out.
Up to life imprisonment; the offence is triable only on indictment.
Yes. The intent, the legitimate explanation for the conduct, and the admissibility and interpretation of the evidence can all be challenged.