
Mark Cotter K.C. and Danielle Barden have successfully appealed a sentence of imprisonment imposed for an offence of being in possession of a document or record of use to a terrorist, contrary to section 58(1) of the Terrorism Act 2000.
Their client was tried before a designated terrorism judge and a jury. He was acquitted of two charges of dissemination of a terrorist publication, contrary to section 2(1) of the Terrorism Act 2006, but convicted of the section 58 offence, which related to his possession of a US Army handbook that gives instructions for the making of explosives using materials that are readily available to the public.
At the sentencing hearing, Mark and Danielle had argued before the trial judge that the manual did not give instructions for a ‘specific terrorist activity’ and, therefore, fell into category 3 harm in the relevant Sentencing Guidelines. This submission was rejected. The judge accepted the prosecution submission that the case fell into category 2, taking the view that, instructions that enabled an act which could be carried out as a specific terrorist act, were instructions for a specific terrorist act for the purpose of sentencing.
On appeal, the single judge also rejected Mark and Danielle’s submissions and permission to appeal was refused. However, they renewed the appeal to the full court on a pro-bono basis and, following oral argument, the full court agreed with Mark and Danielle’s submission.
The Court of Appeal found that the content of the book itself was no more than material that was capable of being useful to a terrorist, not instruction for specific terrorist activity. The Court of Appeal went on to consider the possession of the book in the context of the wider evidence in the case and found that the context also did not elevate the possession of the book into an instruction for specific terrorist activity.
As a result, leave was granted, the appeal was allowed and the client’s sentence was reduced.
Mark and Danielle were instructed by Huw Bowden of Bowden Jones solicitors.
Mark Cotter's principal specialisms are in homicide (murder, manslaughter and fatal driving cases), terrorism, financial crime (fraud, bribery, corruption, asset recovery and confiscation) as well as sexual allegations. A significant amount of Mark’s work involves assisting individuals where substantial reputational issues are at stake. He also regularly assists company directors and corporates who face investigation and/or issues around regulatory compliance such as environmental impact, health and safety and trading standards. Mark has, for many years, been ranked in Chambers and Partners and the Legal 500 as a leading KC in the field of general crime and fraud.
Danielle Barden is a specialist barrister instructed in business crime, serious organised crime, general crime and extradition. She is ranked in the Legal 500 in International Crime & Extradition and in Fraud: Crime. Danielle is also recognised in Chambers & Partners for her work in Extradition, Crime, and Financial Crime.