Failure to Disclose Information About Acts of Terrorism (Section 38B Terrorism Act 2000)

Failure to Disclose Information About Acts of Terrorism is an offence under s.38B Terrorism Act 2000. The section applies where a person has information which he knows or believes might be of material assistance in preventing the commission by another person of an act of terrorism, or in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism (s.38B(1)). The person commits the offence if he does not disclose the information as soon as reasonably practicable to a constable in England and Wales (s.38B(2) and (3)). It is a defence to prove a reasonable excuse for not making the disclosure (s.38B(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 10 years, a fine or both; on summary conviction, imprisonment for a term not exceeding six months, a fine not exceeding the statutory maximum or both (s.38B(5)). Proceedings may be taken in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance (s.38B(6)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Detention is governed by Schedule 8 Terrorism Act 2000, not standard PACE provisions.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).