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Terrorism: Guidance in relation to the prosecution of individuals involved in terrorism overseas

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This guidance outlines the criteria and processes for the Crown Prosecution Service (CPS) when considering the prosecution of individuals involved in terrorism, especially those operating overseas. It covers the evidential and public interest tests necessary for prosecution, definitions of terrorism under the law, and specific potential offences related to terrorism. It also emphasizes the factors that prosecutors should consider, particularly in cases involving young offenders or mental health issues.

Key points

  • Prosecution requires sufficient evidence and public interest criteria.
  • Approval from Attorney General is needed for offences connected with other countries.
  • Definition of terrorism includes serious violence against individuals and the public.
  • Different potential terrorism offences are outlined in various sections of the law.
  • Public interest factors must be weighed carefully in every case, especially for youth.
  • Prosecutors must consider CPS policies regarding defendants with mental health issues.

Public-interest factors

  • Severity of the offence
  • Level of culpability of the suspect
  • Circumstances and harm to the victim
  • Suspect’s age and maturity
  • Impact on the community
  • Proportionality of prosecution
Preparation for acts of terrorismProviding and receiving trainingMembership of a proscribed organisationFundraising offencesProviding and receiving weapons trainingPossession of articles for terrorist purposePossession of information likely to be useful to a terroristKidnappingMurder/conspiracy to murderWar crimes
Read the full guidance on cps.gov.uk
Reviewed by the BlueLineHub Editorial Team
Last reviewed: 1 September 2019 · Next review due: 1 March 2020

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-19. BlueLineHub is independent and not affiliated with the CPS.