M, R. v [2007] EWCA Crim 298 (07 February 2007)

M, R. v [2007] EWCA Crim 298 (07 February 2007)

Parliament intended a distinct regime for documents and records under section 58; section 57 cannot be used to prosecute possession of documents or records by describing them as articles, and section 58 is not redundant.

Source-derived case information.

Citation
[2007] EWCA Crim 298
Parties
Appellant: M; Appellant: Z; Appellant: I; Appellant: R; Appellant: B; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
07 February 2007
Procedural Posture
Criminal Appeal / Appeal Against Preliminary Ruling
Outcome
appeal allowed
Legal Topics
Terrorism, Statutory Interpretation, Possession of Articles, Electronic Evidence
Criminal Law Terrorism Statutory Interpretation Possession of Articles Electronic Evidence

Source-derived case record

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Parties

M

Appellant

Z

Appellant

I

Appellant

R

Appellant

B

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preliminary Ruling

Legal Issues

  1. 1 Whether data electronically stored on compact discs or computer hard drives is an 'article' for the purposes of section 57 of the Terrorism Act 2000
  2. 2 Whether section 57 can be used to prosecute possession of documents or records, making section 58 redundant

Ratio Decidendi

Parliament intended a distinct regime for documents and records under section 58; section 57 cannot be used to prosecute possession of documents or records by describing them as articles, and section 58 is not redundant.

Court Disposition

appeal allowed

Orders

  • Recorder's ruling reversed
  • Section 57 counts cannot be used for possession of documents or records as articles