Preparation of Terrorist Acts (Section 5 Terrorism Act 2006)

Terrorism Act 2006, s.5

Indictable only
Life imprisonment

Definition

"(1) A person commits an offence if, with the intention of: (a) committing acts of terrorism, or (b) assisting another to commit such acts, he engages in any conduct in preparation for giving effect to his intention. (2) It is irrelevant for the purposes of subsection (1) whether the intention and preparations relate to one or more particular acts of terrorism, acts of terrorism of a particular description or acts of terrorism generally." (Terrorism Act 2006, s.5(1) and (2))

Points to prove

The person had the intention of committing acts of terrorism, or of assisting another to commit such acts (s.5(1)(a) and (b))
With that intention, the person engaged in any conduct in preparation for giving effect to it (s.5(1))

Preparation of Terrorist Acts (Section 5 Terrorism Act 2006) is an offence under s.5 Terrorism Act 2006. A person guilty of the offence is liable, on conviction on indictment, to imprisonment for life (s.5(3)).

In practice

This is an indictable-only offence: it must be tried at the Crown Court (s.5(3)). 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

Mode of trial: Indictable only
Maximum sentence: Life imprisonment
Act and section: Terrorism Act 2006, s.5
Power of arrest: A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist (Terrorism Act 2000, s.41(1)).
Search on arrest: A constable may stop and search a person whom he reasonably suspects to be a terrorist, and may search a person arrested under s.41, to discover whether he has in his possession anything which may constitute evidence that he is a terrorist, and may seize and retain anything so discovered which he reasonably suspects may constitute evidence that the person is a terrorist (Terrorism Act 2000, s.43(1), (2) and (4)).
Detention clock: A person arrested under s.41 must be released not later than 48 hours from the time of arrest unless detention is extended (Terrorism Act 2000, s.41(3)); detention is reviewed by a review officer as soon as reasonably practicable after arrest and then at intervals of not more than 12 hours, by an inspector within the first 24 hours and a superintendent after that (Terrorism Act 2000, Schedule 8, paras 21 and 24); a Crown Prosecutor or a police officer of at least the rank of superintendent may apply to a judicial authority for a warrant of further detention for a period of seven days beginning with the time of arrest (Schedule 8, para 29), which a judicial authority may extend in periods of up to seven days to a maximum of 14 days beginning with the time of arrest (Schedule 8, para 36(3)).
Source: www.legislation.gov.uk/ukpga/2006/11/section/5