Rowe v Regina: CACD 15 Mar 2007

The defendant had been convicted of possessing articles for terrorist purposes, namely a notebook with notes setting out how to construct a mortar bomb in his handwriting. There was also a coded list of potential targets.
Held: The decision in R v M ‘that ‘articles’ within the meaning of section 57 cannot extend to documents and records because express provision is made for these items under article 58′ was unsatisfactory. There was an overlap between sections 57 and 58, but that did not mean that a finding that a document was an article would make section 58 almost superfluous. The two sections dealt with different aspects of terrorism. Section 57 included a specific intention, but section 58 did not.

Lord Phillips CJ, Latham LJ, Cresswell J, Burton J
[2007] EWCA Crim 635, Times 26-Mar-2007
Terrorism Act 2000 57(1)
England and Wales
CitedM and Others, Regina v CACD 7-Feb-2007
The defendants appealed a ruling by the recorder that electronic storage devices were ‘articles’ within s57. S58 dealt with documents, and section 57 with articles.
Held: Hooper LJ said: ‘There is no practical difference between a book which a . .
CitedPalmer, Regina v CACD 11-Oct-2002
The defendant appealed against a very substantial confiscation order. The prosecution had served notices under sections 71 and 72(1), but the section 72(1) notice was invalid. The judge allowed a second notice to be served, and the case to be . .
CitedSekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
CitedSimpson v Regina CACD 23-May-2003
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
CitedKeogh v Regina CACD 7-Mar-2007
The defendant was charged under the 1989 Act. He complained that the effect of the Act was to put an unfair burden on him to establish that he was unaware of the damaging effects of disclosure.
Held: The Act did not comply with the defendant’s . .

Cited by:
PreferredM, Regina v; Regina v Z; Regina v I; Regina v R; Regina v B (No 2) CACD 27-Apr-2007
The defendants, accused of offences under the 2000 Act, appealed an interim finding that documents stored on computers could amount to ‘articles’ within the Act. They said that the existence of sections 57 and 58 suggested two distinct regimes, one . .

Lists of cited by and citing cases may be incomplete.


Updated: 20 November 2021; Ref: scu.251143