Terrorist Acts are found in section 101.1 of the Commonwealth Criminal Code Act 1995. It is a criminal offence for a person to be found to have made an action or threat of action with the intention of advancing a political, religious or ideological cause designed to coerce or intimidate a government agency or the public. The action or threat of action must have caused serious physical harm or death or serious damage to property; endanger life or create a serious risk to public health/safety; or interfere, disrupt, or destroy electronic systems.
Have you been accused of Terrorist Acts?
Have you been accused of Terrorist Acts?
Police InterviewAllegations of Terrorist Acts should be taken very seriously. Before you speak with police, it is important that you receive legal advice. One of our experienced criminal lawyers can advise you about what should be said during a Police interview. You may want to know:
- Should I make a statement to Police?
- Should I attend a Police interview?
- Do I need to give my DNA?
- Will the Police leave me alone if I explain my side of the story?
- Will I be remanded?
One of our lawyers can also attend the Police station with you if you would like the support of a lawyer during the interview.
Pleading Not GuiltyOur lawyers have assisted clients face charges of Terrorist Acts. In addition to our experienced criminal solicitors, we have in-house counsel who run our contested hearings and trials. By engaging with our in-house counsel early on, you will be taking steps to ensure the best possible outcome in relation to your charge of Terrorist Acts.
Allegations of terrorism are taken seriously by the Police and the Courts and must be given priority. There may be evidence which can assist that needs to be secured.
We believe it is very important for our clients to understand what they are facing. Preparing a case strategy early will increase the chances of this charge being withdrawn or leading to an acquittal.
Pleading GuiltyAllegations of Terrorist Acts must b treated seriously and given proper consideration. We can review the brief of evidence and advise you of your prospects of successfully defending the charge of Terrorist Acts. If the case against you is strong and you decide to plead guilty, one of our lawyers can represent you in Court.
Our lawyers are experienced Court advocates and will provide you with clear advice of how you can best prepare before Court to get the best possible outcome.
Which court will the case be heard in?The charge of Terrorist Acts is a very serious offence which is heard in the Supreme Court.
What is the legal definition of Terrorist Acts?A person commits an offence if the person engages in a terrorist act.
Penalty: Imprisonment for life.
“Have you been accused of terrorism?”
Examples of Terrorist Acts
- Driving a vehicle into a public place religious purposes.
- Using a firearm in a public place for political purposes.
- Blackmailing an arm of the government for ideological purposes.
LegislationThe legislation for this offence can be found on section 101.1 of Criminal Code Act 1995.
Elements of the offenceIn essence to prove this charge the Prosecution must show that the accused engaged in a terrorist act.
A terrorist act is defined as an action or threat of action that is motivated by politics, ideology and/or religion and causes substantial damage or injury to government or people.
DefencesDefences to this could be that the accused did not engage in a terrorist act, that the accused’s act was not terrorism or wrongful identification.
Questions in cases like this
- Was it an act of terrorism?
- What was the scale of the alleged act of terrorist?
- Was it motivated by religion, ideology or religion?
Maximum penalty for section 101.1 of the Commonwealth Criminal Code Act 1995A person found guilty of (s101.1 of the Commonwealth Criminal Code Act 1995) may be sentenced to a maximum penalty of imprisonment for life.
Other important resources
- Human Rights Guide To Australia’s Counter-Terrorism Laws (2008)
- National security and anti-terrorism laws in Australia