K v R

K v R

Section 58 of the Terrorism Act 2000 applies only to documents containing information likely to provide practical assistance to terrorism, not mere encouragement; the section is sufficiently certain and does not constitute an abuse of process.

Parties
Appellant: K; Respondent: R
Jurisdiction
England and Wales
Judgment Date
13 February 2008
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Statutory Interpretation, Certainty of Criminal Offences
Criminal Law Counter Terrorism Abuse of Process Statutory Interpretation Certainty of Criminal Offences

Case Brief

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Parties

K

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether section 58 of the Terrorism Act 2000 is sufficiently certain to comply with common law and Article 7 ECHR
  2. 2 Whether section 58 covers possession of theological or propagandist material
  3. 3 Scope of 'information likely to be useful to a person committing or preparing an act of terrorism'

Ratio Decidendi

Section 58 of the Terrorism Act 2000 applies only to documents containing information likely to provide practical assistance to terrorism, not mere encouragement; the section is sufficiently certain and does not constitute an abuse of process.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • prosecution may proceed; issues of document classification to be resolved before jury if raised