Source: All England Reporter
Publisher Citation: [2008] All ER (D) 11 (May)
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Aikens and Swift JJ
Judgment Dates: 1 May 2008

Catchwords

Criminal law - Terrorism - Terrorist offences - Possession for terrorist purposes - Possessing a document or record of a kind likely to be useful to a person committing or preparing an act of terrorism - Whether authority as to interpretation of provisions binding or per incuriam - Whether point of law of general public importance - ss 57, 58.

The Case

Following the dismissal of the prosecution appeal against the judge's ruling on a point of law in respect of s58 of the leave to appeal to the House of Lords was refused, but the court certified that the decision involved points of law of general public importance, namely, (i) what the ingredients were of the offence contained in s 58(1) of the 2000 Act; (ii) what the scope was of the defence contained in s 58(3) of the 2000 Act; and (iii) what the relationship was between ss 57 and 58 of the 2000 Act.

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