Practice and Procedure

R v AY (2010)

PUBLISHED April 27, 2010

[2010] EWCA Crim 762

Where an individual had been charged with the offence of possessing a document or record containing information likely to be useful to a person committing or preparing an act of terrorism, contrary to the Terrorism Act 2000 s.58(1), the ambit of the defence of reasonable excuse provided by s.58(3) could extend to an alleged intended use for the lawful defence of others, or to assist them to employ lawful self defence. A defence of reasonable excuse advanced under s.58(3) had to be left to the jury unless it was quite plain that it was incapable of being held by any jury to be reasonable.

CA (Crim Div) (Hughes LJ (V-P), McCombe J, Sharpe J)