A teenager who was allegedly
plotting to carry out a ‘Columbine-style’ terror attack will not face a retrial
for terror offences after a jury was unable to reach a verdict.
Michael Piggin, 18, from Loughborough,
was charged with possessing items for the purpose of terrorism and with
possessing a document containing information likely to be useful for a person
committing or preparing an act of terrorism. He had earlier pleaded guilty to
possessing explosives and possessing a knife in a public place.
It was the second time the
teenager had faced the charges after another jury failed to reach a verdict in
November 2013, when Piggin was 17 and
could not be named because of his age.
The prosecution had alleged that
the teenager was planning a ‘Columbine-style’ attack in his home town, after
air rifles, component parts of pipe bombs, a crossbow and swastika flag were
found in his bedroom. Videos were shown of him making Neo-Nazi salutes,
shouting ‘EDL’ outside a mosque, writing racist graffiti on a wall and throwing
petrol bombs behind a leisure centre.
Piggin, who was diagnosed with
Asperger’s syndrome after his arrest in February 2013, said he wrote about
attacks to cope with bullying. He said he tested explosives ‘for entertainment’.
He denied possessing a Mujahideen Poisons Handbook. Throughout the trial he
denied having any real plan for attacks and said it had ‘just been in his head’.
Further, he said he ‘didn’t have a problem with Muslims in general’ and
described his racist comments as ‘banter’.
He will be sentenced on 13 June
for the offences he pleaded guilty to.
What is the law on the offences
Piggin was charged with?
Terrorist Offence: Possessing Items for Terrorist Purposes
The offence of possessing items
for terrorist purposes is located in section 57(1) of
the Terrorism Act 2000. It provides that a person is guilty of an offence if
they possesses an article in circumstances which cause reasonable suspicion
that the possession is for a purpose connected with the commission, preparation
or instigation of an act of terrorism.
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.
‘Action’ includes:
- 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.
Under section 57(3) of
the 2000 Act, if it is proved that an article was at the same premises as the
defendant, or at premises they occupied or habitually used (except for public
places), the court may assume the defendant possessed the article unless the
defendant proves they did not know of the presence of the article or had no
control over it.
Under section 57(2) of
the 2000 Act, it is a defence for a person to prove that the article was
possessed for a reason unconnected with terrorism.
The maximum penalty on conviction
is 15 years’ imprisonment: section 57(4) of
the 2000 Act.
Terrorist Offence: Documents Likely to be Useful to Terrorists
The offence of possessing a
document containing information likely to be useful for a person committing or
preparing an act of terrorism is found in section 58(1) of
the Terrorism Act 2000. It provides that a person is guilty of an offence
if he collects or makes a record of information of a kind likely to be useful
to a person committing or preparing an act of terrorism, or if they possess a
document or record containing information of that kind.
Section 58(2) of
the 2000 Act makes it a defence for a person to prove they had a reasonable
excuse for their action or possession.
The maximum penalty on conviction
is 10 years’ imprisonment: section 58(4).
Possessing Explosives
Under section 4(1)
of the Explosive Substances Act 1883, a person who makes or knowingly has
in their possession (or under their control) any explosive substance in
circumstances causing reasonable suspicion that they are not making or
possessing them for lawful reasons shall be guilty of an offence, unless they
can show it was made or possessed for a lawful reason.
The maximum penalty on conviction
is 14 years’ imprisonment, and the explosives must be forfeited: section 4(1)
of the 1883 Act.
A prosecution for this offence
may only be brought with the consent of the Attorney General: section 7(1) of the
1883 Act.
Possession of a Knife in a Public Place
It is an offence under section 139 of
the Criminal Justice Act 1988 for a person to have with them in a public
place a blade or sharply pointed objected, unless it is a folding knife with a
blade of less than three inches.
It is a defence under section 139(4)
of the 1988 Act for a person to prove they had a good reason or lawful
authority for having the article in a public place, or that they had it with
them for use at work, religious reasons, or as part of any national costume.
The maximum penalty on conviction
is four years’ imprisonment under section 139(6)
of the 1988 Act.
It is also worth noting that
carrying a knife in public can be charged as possession of an offensive weapon,
under section 1 of
the Prevention of Crime Act 1953.
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