UK Edition
Autistic extremist caught with terror documents may be first to challenge ban on early release
Ministers face a potential legal challenge to their plans to end terrorists' right to early release under UK and European human rights laws
An autistic terrorist caught with one of the largest stashes of terrorism documents, videos and explosives guides could become the first to challenge the Government’s emergency sentencing laws.
Solicitors Hodge Jones and Allen (HJA) said they were considering mounting a legal challenge on behalf of the extremist and other terrorists that might be caught by the Government changes.
It is believed the man, in his 30s, was jailed for more than four years after admitting possession of hundreds of terrorism documents, videos and guides for making explosives which could be useful to a person committing or preparing an act of terrorism.
The terrorist, who suffers from autism spectrum disorder, claimed he had them because he was writing a book.
The firm declined to name the man but Kiran Mehta, HJA partner, said: “It is well known that the criminal justice system is generally not able to care for those who suffer from autism and other disorders.
“Against this backdrop, to face the prospect of more time in prison could have a tragic impact on those suffering from autism and other disorders.
“There appears to be no acknowledgement about this, nor any careful examination as to how someone suffering from such a disability or disorder will be affected.”
The move came as the Bill ending the right of terrorists to release halfway through their sentences had its second reading in the Commons.
Robert Buckland, the Justice Secretary, is in a race against time to require 50 terrorists eligible for early release to serve at least two thirds of their sentences before a parole board determines if they remain a risk to the public. The first is due for release on Feb 28.
Raj Chada, HJA’s head of criminal defence, said the retrospective nature of the law would “fall foul” of both English common law and European Convention on Human Rights (ECHR).
“There is an argument that the parole board should have an enhanced role,” said Mr Chada. “But what is insidious about this legislation is that it applies retrospectively to those that are already serving prisoners. That is what leaves it open to the greatest challenge.”
The change was backed in the Commons by Theresa May who warned, however, that the terrorist offenders would still be released at some point.
The former prime minister said: "Does (Mr Buckland) agree that actually we will never deal with this issue of terrorism until we deal with the ideology that drives it and will he reassure me that the Government is taking extra efforts to find new paths to ensure that we can turn people away from the extremism and the terrorism that takes other people's lives?”