M & Ors, R. v

M & Ors, R. v

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.

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

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Parties

R

Appellant

M

Appellant

Z

Appellant

I

Appellant

B

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Preliminary Hearing Appeal

Legal Issues

  1. 1 Whether electronically stored data on CDs or computer hard drives is an 'article' under 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 cannot be used to prosecute possession of documents or records as articles