Supreme Court holds section 12(1A) of the Terrorism Act 2000 compatible with article 10 ECHR. Trial courts need not assess whether a conviction would be proportionate (R v ABJ; R v BDN)
The Supreme Court has unanimously dismissed the appeals brought by ABJ and BDN, holding that section 12(1A) of the Terrorism Act 2000 (TA 2000) is compatible with article 10 of the European Convention on Human Rights (ECHR). The Court held that the offence does not amount to a disproportionate interference with freedom of expression and that, where its statutory ingredients are proved, a conviction will not breach defendants ECHR rights. The trial court need not carry out a separate assessment of whether conviction would be a proportionate interference with the defendant’s freedom of expression. Dr Lewis Graham, Lecturer in human rights law at the University of Manchester, provides commentary on the judgement.