It is a federal offence to recruit a person into a terrorist organization under s 102.4 of the Commonwealth Criminal Code. To be charged with this offence, the prosecution need to prove you have some knowledge that the organization is a terrorist organization. Terrorism offences can carry large terms of imprisonment in Australia. It is important to get legal advice immediately if you are charged with this offence.
Police InterviewIf you are charged with recruiting for a terrorist organization, police will want to interview you. You should go into the interview armed with knowledge of the police interview process and an idea of what, if anything, you will say to police. You have the right to give a no comment interview. The best way to prepare for a police interview is to discuss it with a lawyer. We can help you with the procedure and advice on how to approach the interview.
Pleading Not GuiltyRecruiting for a Terrorist Organisation is a serious offence and you should engage a lawyer to help you work through it. A lawyer will go through the evidence with you and form a case strategy. We can help you go through the charge and evidence against you and figure out a strategy for your case.
Pleading GuiltyRecruiting for a terrorist organization would normally carry a term of imprisonment if you plead guilty. It is important to engage a lawyer to help you prepare a plea. We appear in pleas for serious offences on regular basis and can help you prepare your case. If you have been charged with this offence and are intending to plead guilty, get in touch with us and we can discuss how to prepare your case.
Which court will the case be heard in?The Commonwealth offence of recruiting for a terrorist organisation is a very serious offence which is heard in the Supreme Court.
What is the legal definition of Recruiting for a Terrorist Organisation?Section 101.1 of the Commonwealth Criminal Code defines ‘terrorist organisation’ as:
- an organisation that is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
- an organisation that is specified by the regulations for the purposes of this paragraph (see subsections (2), (3) and (4)).
Examples of Recruiting for a Terrorist Organisation
- Encouraging someone to join a terrorist organisation; or
- Inducing someone to join a terrorist organisation;
LegislationThe legislation for this offence can be found on section 102.4 of Criminal Code Act 1995.
Elements of the offenceFor the Prosecution to prove this charge, they must satisfy the Court of the following elements:
- the accused intentionally recruited a person to join or participate in the activities of an organisation;
- that the organisation is a terrorist organisation and that the accused knew that the organisation was a terrorist organisation (section 1) or was reckless as to whether the organisation was a terrorist organisation (section 2).
“Can the Prosecution prove that you knew or that you were reckless that the organisation is a terrorist organisation?”
DefencesIf you have been charged with this offence, you may rely on one of the following defences to contest this charge:
- Lack of intent;
- The accused did not know or was not reckless as to the organisation being a terrorist organisation; or
- Factual error.
Questions in cases like this
- Did you know that the organisation was a terrorist organisation?
- Did you in fact encourage people to join the terrorist organisation?