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Encouragement of Terrorism (Section 1 Terrorism Act 2006)

Terrorism Act 2006, s.1

  • Either way
  • 15 years' custody

Definition

"(1) This section applies to a statement that is likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement, to some or all of the members of the public to whom it is published, to the commission, preparation or instigation of acts of terrorism or Convention offences. (2) A person commits an offence if: (a) he publishes a statement to which this section applies or causes another to publish such a statement; and (b) at the time he publishes it or causes it to be published, he: (i) intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism or Convention offences; or (ii) is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate such acts or offences." (Terrorism Act 2006, s.1(1) and (2))

Points to prove

  1. A statement that is likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement, to some or all of the members of the public to whom it is published, to the commission, preparation or instigation of acts of terrorism or Convention offences (s.1(1))
  2. The person published the statement or caused another to publish it (s.1(2)(a))
  3. At the time of publishing, the person intended members of the public to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism or Convention offences, or was reckless as to whether they would be (s.1(2)(b))

Encouragement of Terrorism (Section 1 Terrorism Act 2006) is an offence under s.1 Terrorism Act 2006. A person guilty of the offence is liable on conviction on indictment to imprisonment for a term not exceeding 15 years or to a fine, or to both, and on summary conviction in England and Wales to imprisonment for a term not exceeding the general limit in a magistrates' court or to a fine not exceeding the statutory maximum, or to both (s.1(7)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court (s.1(7)). Where a person is arrested under s.41 Terrorism Act 2000, detention is governed by Schedule 8 to that Act (s.41(2)). A review officer must periodically review detention: an officer of at least the rank of inspector for a review within 24 hours of arrest, and of at least the rank of superintendent for any later review (Schedule 8, para 24).

Last updated 19 October 2026. Reviewed 19 October 2026