A man has today become the first
person convicted of terrorist offences in connection with the conflict in
Syria.
Mashdur Choudhury, 31, from
Portsmouth, was convicted of engaging in conduct in preparation of terrorist
acts by a jury at Kingston Crown Court.
The court heard he had travelled
to Syria to attend a terrorist training camp. The prosecution said he wanted to
be trained in the use of firearms and intended to pursue a ‘political, religious,
or ideological cause’. It was said he had discussed his wish to become a ‘martyr’.
The father of two was arrested
was arrested at Gatwick Airport upon his return to the United Kingdom.
Choudhury contended in court that
he wanted to emigrate to avoid problems he faced at home. The jury did not believe
his account and convicted him after a little over a day of deliberations.
Choudhury will be sentenced on 13
June and has been warned he faces a substantial sentence.
What is the law on preparing acts
of terrorism?
The Offence
Section 5(1) of
the Terrorism Act 2006 provides that a person commits an offence if
he engages in any conduct in preparation of his intention to commit an act of terrorism or to assist
others to commit terrorist acts.
What is ‘terrorism’? The effect of section 20(1) of
the 2006 Act is that terrorism is defined as it is in the Terrorism Act 2000.
Section 1 of
the Terrorism Act 2000 defines terrorism as:
- the use or threat of ‘action’,
- which is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
- which is made for the purpose of advancing a political, religious, ideological or racial cause.
- serious violence against a person,
- serious damage to property,
- endangering a person’s life (other than the life of the person committing the action),
- creating a serious risk to the health or safety of the public or a section of the public, or
- anything designed to seriously interfere with or seriously disrupt an electronic system.
The definition of terrorism is very
widely drawn and basically involves the use or threat of violence for
political, religious, ideological or racial causes.
Therefore the offence of
preparing terrorist acts is completed when an individual engages in any conduct
in preparation of his intention to use or threaten violence for political,
religious, ideological or racial causes, or to assist others to use or threaten
violence for political, religious, ideological or racial causes.
Under section 5(3) of
the 2006 Act, the offence is indictable only, which means that it is so
serious that it can only be tried in the Crown Court before a judge and jury.
Section 5(3) of the 2006 Act also
provides that the maximum sentence on conviction is life imprisonment.
Conclusion
Mr Choudhury can expect a
significant sentence. It will be interesting to see if there are further
convictions in relation to the Syrian conflict, given that that European Union’s
anti-terror chief, Gilles de Kerchove,
has said there are now hundreds of Europeans fighting in Syria.
What are your thoughts?
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