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Terrorism

Some of the primary legislation

Terrorist Asset-Freezing (Temporary Provisions) Act 2010
Counter-Terrorism Act 2008
Terrorism Act 2006
Prevention of Terrorism Act 2005
Anti-terrorism, Crime and Security Act 2001
Terrorism Act 2000

Some of our recent notable cases

R v John Anthony Downey (2014)
Successful abuse of process submission for a man charged with the 1982 IRA Hyde Park bombing.
Central Criminal Court 21/2/2014
Henry Blaxland QC

Abdulbasit Abdulrahim v Council of the European Union and European Commission (2013)
The European Court of Justice ruled that de-listing of Al-Qaeda terrorist suspects by the UN and EU does not render applications for annulment before the ECJ devoid of purpose.
European Court of Justice [C-239/12 P] 28/5/2013
Ed Grieves

R v Iqbal & others (2013)
Represented defendants accused of plotting to bomb a rally staged by the far right group, the English Defence League. All six defendants pleased guilty to offences under s.5 of the Terrorism Act 2006.
Woolwich Crown Court, 10/6/2013
Rajiv Menon QC, Pete Weatherby QC, Terry Munyard, Anna Morris and Hossein Zahir

R v Richard Dart & others (2013)
Dart had pleaded guilty to preparing to commit an intended act of terrorism, contrary to s. 5 of the Terrorism Act 2006, namely preparing to undertake training in Pakistan with a view to engaging in combat in Afghanistan against the NATO controlled armed forces.Dart was sentenced to a term of 6 years’ imprisonment and his co-defendants Jehangir Alom and Imran Mahmood to 4 years 6 months’ and 9 years 9 months’ imprisonment respectively.
Central Criminal Court 25/4/2013
Ali Bajwa QC

R v Chowdhury & others (2012) (no link available)
Represented Gurukanth Desai who pleaded guilty to preparing terrorist acts, namely to produce and detonate explosive device at the London Stock Exchange.
Woolwich Crown Court, 2012
Rajiv Menon QC

R v AY (2010)
Interlocutory appeal on ambit of reasonable excuse defence in terrorist cases & whether defence can extend to intended use of information for lawful defence of others
[2010] EWCA Crim 762 27/4/2010. Reported at [2010] 2 Cr App R 15.
Rajiv Menon QC

R v Abdul Saleem (2009) (no link available)
First defendant in trial of Omar Brooks and others for inciting terrorist murder in speeches at Regents Park Mosque.
[2009] EWCA Crim 920 8/5/2009.
Henry Blaxland QC & Hossein Zahir

R v Tabbakh (2009)
Appeal on what can properly be taken into account when deciding whether a defendant with a mental condition should receive an adverse inference direction under section 35 of the Criminal Justice & Public Order Act 1994 for a conviction for terrorist offences.
[2009] EWCA Crim 464 3/3/2009. Reported at (2010) Crim LR 79.
Rajiv Menon

Lord Alton v Secretary of State for the Home Department (2008)
A POAC decision to deproscribe the PMOI and thereby remove it from the list of terrorist organisations was correct where the organisation was not advocating or involved in organising terrorist activities.
[2008] EWCA Civ 443 7/5/2008. Reported at (2008) 2 Cr App R 31.
Mark Muller QC and Ed Grieves

Attorney General’s References (Nos. 85, 86 & 87 of 2007) sub nom R v Tsouli, Mughal & Al-Daour (2007) (no link available)
Appeal on the appropriate sentences to be passed for inciting terrorist murder through internet websites & chat forums
[2007] EWCA Crim 3300 18/12/2007. Reported at [2008] 2 Cr App R (S) 45
Henry Blaxland QC and Rajiv Menon

R v Dhiren Barot (2007)
Defendant in terrorist conspiracy would serve the minimum term of 30 years despite conspirator’s failure to implement plans for destruction.
[2007] EWCA Crim 1119 16/5/2007. Reported at (2008) 1 Cr App R (S) 31
Ian MacDonald QC

The Queen v Sean Hoey (2007)
Re. overturning of conviction for Omagh bombing. Mishandling of forensic evidence.
[2997] NICC 49 20/12/2007
Kieran Vaughan

R v Rowe (2007)
Appeal against double sentence handed down for offences against s57 and s58 of the Terrorism Act 2000.
[2007] EWCA Crim 635. 15/3/2007. Reported at (2007) 3 All ER 36
Rajiv Menon

PKK and KNK v Council of the European Union (2007)
Successful action for annulment of decisions pertaining to terrorism proscription lists.
ECJ Case C-229/05 18/1/2007
Mark Muller QC and Ed Grieves

R (Gillan & Quinton) v (1) Metropolitan Police Commission (2) SSHD (2004)
Powers of police with regards to arbitrary stop and search under Terrorism Act 2000
[2004] EWCA Civ 1067 29/7/04. Reported at (2005) QB 388
Rajiv Menon

O’Driscoll v Secretary of State for the Home Department (2002)
Compatibility of s.16 of Terrorism Act 2000 with Articles 10 and 11 of ECHR
[2002] EWHC 2477 Admin (Divisional Court) 22/11/02
Stephen Simblet

Useful links

Terrorism Research Center
Liberty’s Guide to Countering Terrorism
Home Office Counter-Terrorism pages

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