The charge of inciting terrorism is one of the most serious charges that an individual can face under UK law.
The consequences of an accusation of this nature extend beyond the likelihood of a lengthy prison sentence; being accused or involved with accusations of incitement can impact every area of your life, with the loss of career opportunities and lasting damage to personal reputation, as well as the emotional effect on the accused and their immediate family or loved ones.
Given the complex nature of terrorism-related laws and the seriousness of the offence, if you find yourself being investigated or facing charges of inciting terrorism, seeking legal advice from a solicitor who has extensive experience and expertise in these charges is crucial. Choosing the right defence team is key in order to safeguard your rights and build a strong case in response to these significant allegations.
At Draycott Browne, our dedicated serious crime solicitors have a formidable reputation for managing terrorism-related cases, working tirelessly to protect our clients' rights. As arrests relating to charges of inciting terrorism can happen at any time without warning, our skilled team are available day or night, ready to provide immediate advice and representation.
With over 20 years of experience defending serious charges of this nature, clients know that they can turn to us for our unwavering commitment to professional service and our proven track record, so if you need legal advice or representation, please don’t wait to get in touch with us.
Defending against inciting terrorism charges
A defence against inciting terrorism begins with a detailed analysis of the evidence and the context of the alleged offence. Freedom of speech is a fundamental right, protected under UK law, and distinguishing between lawful expression and incitement is often central to these cases. It must be established whether the accused genuinely intended to encourage terrorism or if their words or actions were misinterpreted.
Expert witnesses, including linguists or psychologists, may be called upon to analyse the language or content in question, helping to establish whether it meets the legal definition of incitement. Additionally, challenging the admissibility or reliability of evidence, especially digital evidence, can be an important aspect of the defence.
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What is inciting terrorism?
Under UK law, terrorism is either a threat or an action that is designed to intimidate the public or to influence any international government organisation. The intent behind the threat or action must also be for the purpose of advancing a political, religious, racial or ideological cause. It can involve encouraging or persuading others to engage in acts of terror, whether through speech, written communication, or other forms of expression.
This can involve encouraging or persuading others to engage in acts of terror, whether through speech, written communication, or other forms of expression.
Section 1 of the Act outlines “incitement” as any statement that is meant to be understood as an encouragement or inducement to commit, prepare, or instigate terrorism-related offences. It’s important to note that this doesn't just include direct encouragement, but also indirect suggestions that could be seen as supporting terrorist actions.
What is a convention offence?
"Convention offences" refer to the Council of Europe Convention on the Prevention of Terrorism, which focuses on tackling cross-border terrorism through coordinated legal measures. The offence covers the encouragement of both current and future acts of terrorism.
Meanwhile, in the UK, several important laws form the basis for counter-terrorism efforts, defining specific offences that extend beyond general crimes like murder or conspiracy. In addition to those mentioned above, these include:
- The Terrorism Act 2000
- Anti-Terrorism, Crime and Security Act 2001
- Counter-Terrorism Act 2008
- Terrorism Prevention and Investigation Measures Act 2011
- Counter-Terrorism and Border Security Act 2019
- The Terrorist Asset-Freezing Act 2010
Each of these laws includes detailed guidelines for different terrorism-related crimes, covering many specific activities.
Examples of acts considered as incitement
Inciting terrorism generally refers to encouraging, promoting, or glorifying acts of terror with the intention that others will be motivated to commit such acts. This offence can be committed in various ways, including public speeches, social media posts, or the distribution of materials that could inspire acts of terrorism. Even indirect or vague statements that could be interpreted as endorsing violence may lead to allegations.
The law in this area is complex, often requiring the prosecution to prove intent and the likelihood of others being influenced by the accused's actions. Given the seriousness of these charges, the threshold for evidence can be high, but the consequences of a conviction—such as lengthy imprisonment and long-term reputational damage—are significant.
Encouraging others to engage in terrorist activities or sharing materials that could be interpreted as promoting extremist views also fall under this category.
In addition, joining groups banned by the Home Secretary for promoting terrorism can lead to investigation if these associations are thought to encourage terrorist acts. Handling these complex issues shows the importance of choosing a skilled defence team if you are faced with incitement charges.
What are the penalties for inciting terrorism?
If someone is found guilty of encouraging or inciting terrorism, they face serious legal consequences under UK counter-terrorism laws. The penalties for these offences can vary depending on the case.
A conviction for inciting terrorism can result in:
- Prison sentences: Up to 15 years for certain offences
- Heavy fines: Significant financial penalties
- Probation: Supervised release with conditions
- Restrictions on freedoms: Limits on internet use, electronic monitoring, and even house arrest
Following the Counter-Terrorism and Border Security Act 2019, the maximum custodial sentences for encouraging terrorism and spreading terrorist publications were increased to up to 15 years. Other measures include ending automatic early release for convicted terrorists, longer post-release monitoring, and expanded powers for authorities to search homes and impose Serious Crime Prevention Orders. In the long term, convictions can also lead to:
- Travel restrictions: Long-term bans on travelling to certain areas
- Association bans: Prohibitions on associating with specific groups
- Extended monitoring: Ongoing surveillance after release, restricting daily activities and privacy
Given the seriousness of these penalties, it is vital that you seek immediate and expert legal guidance to help mitigate the life-changing consequences of a terrorism-related conviction.
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What will happen if I am arrested on charges of inciting terrorism?
Being arrested on charges of inciting terrorism is a gravely serious matter and you need to seek advice immediately. Upon arrest, you'll likely be taken into police custody for questioning. You have the legal right to request a solicitor, and we strongly recommend that you contact an experienced firm such as Draycott Browne, who specialise in terrorism-related offences, to ensure that you do not say anything that could be used against you. Having a skilled defence team can help you safeguard your rights by providing advice on how to handle police questioning.
The police have the authority to detain you without charge for up to 14 days under UK terrorism laws. During this time, they may search your home, seize personal belongings, and examine your digital communications. Your solicitor will ensure that proper procedures are followed during your detention and that your treatment is fair and lawful. If you are arrested or need advice in relation to charges of inciting terrorism, contact us as soon as you can, as speaking to us early can make a significant difference to the outcome of your case.
24 hour availability
Arrests cannot always be foreseen and can come at a time when you least expect it. Our legal advisors are available 24 hours a day, 7 days a week, ready to assist you whenever you need us. We can represent you at the police station to make sure you and your case are treated fairly and appropriately.
Legal aid
Everyone should be able to properly defend themselves, but unexpected legal fees can come as a costly surprise. If appropriate, our solicitors at Draycott Browne can guide you through the application process so that you have the best chance of receiving the financial assistance you need.
Private funding
At Draycott Browne, we are dedicated to supporting clients who choose to pursue Legal Aid funding. However, it is important to note that Legal Aid can restrict the level of resources and support we are able to provide for your case.
Opting for private funding gives you access to the very best legal representation from our specialist Terrorism Law Solicitors. This allows us to allocate greater time, expertise, and resources to your defence, enabling us to approach your case with maximum precision, creativity, and focus.
Through private funding, we can draw on the full capabilities of our experienced legal team to scrutinise every aspect of your case. No detail will be overlooked, and every avenue will be explored to build the strongest possible defence on your behalf.
If you are facing allegations of possessing terrorist material or other serious criminal offences, we strongly encourage you to consider private funding. It ensures you receive unparalleled legal support and significantly enhances your chances of achieving a successful outcome.
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Contact Draycott Browne Solicitors
Draycott Browne offers exceptional legal representation for individuals facing inciting terrorism charges in Manchester and across the North West of England. By instructing our team, you will have the expertise of highly skilled Criminal Defence Solicitors with extensive knowledge of this complex and sensitive area of law.
Nationally recognised for our commitment and success in defending serious criminal allegations, our specialist solicitors have a proven track record of supporting clients in Manchester, Liverpool, Preston, Blackpool, Leeds, Nottingham, Birmingham, London, and throughout England and Wales.
As one of the leading Criminal Defence Law Firms in the UK, we provide robust and strategic representation, no matter where you are based. Available 24 hours a day, 7 days a week, our dedicated legal team is on hand to ensure you have access to immediate advice and support when you need it most.
If you or someone you know is being investigated or charged with inciting terrorism, contact Draycott Browne today for expert guidance and unwavering legal representation.