The free library170 of 195 Justice & policing

Failing to disclose information about terrorism

s.38BTerrorism Act 2000

Failing to tell the police, as soon as reasonably practicable, information you know or believe might help prevent an act of terrorism or bring a terrorist to justice.

Failing to disclose information about terrorism · Terrorism Act 2000, s.38BCard 170 / 195

Points to prove

Had information
Which they knew or believed might be of material assistance in preventing an act of terrorism by another person, or in securing the apprehension, prosecution or conviction of another person in the UK for an offence involving the commission, preparation or instigation of an act of terrorism
Did not disclose it as soon as reasonably practicable
To a constable (in England and Wales)

Key definitions

Terrorism – s.1: the use or threat of serious violence, serious damage to property, endangering life, creating a serious risk to public health or safety, or seriously disrupting an electronic system, designed to influence the government or intimidate the public and made for a political, religious, racial or ideological cause.
Material assistance – information that might genuinely help prevent an attack or catch or convict someone. The test is what the defendant knew or believed, not what the information turns out to be worth.
Another person – the duty concerns acts of terrorism by, and offences of, other people.
As soon as reasonably practicable – disclosure must be made to a constable without unreasonable delay.

Defences

Reasonable excuse – s.38B(4): the defendant must prove they had a reasonable excuse for not disclosing. This defence is not one of those listed in s.118, so the burden is on the defendant, on the balance of probabilities.

Good to know

Inserted by the Anti-terrorism, Crime and Security Act 2001 (from 14 December 2001). The maximum was raised from 5 to 10 years in 2019.
s.38B(6): the offence can be prosecuted in any place where the defendant has been since they first knew or believed the information might help.
Consent: proceedings need the consent of the Director of Public Prosecutions (s.117).
Related duty: s.19 requires disclosure of a belief or suspicion about terrorist property offences that arises in the course of a trade, profession, business or employment.

Legislation: Terrorism Act 2000, s.38B (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to disclose information about terrorism: questions people ask

What are the points to prove for failing to disclose information about terrorism?

1. Had information 2. Which they knew or believed might be of material assistance in preventing an act of terrorism by another person, or in securing the apprehension, prosecution or conviction of another person in the UK for an offence involving the commission, preparation or instigation of an act of terrorism 3. Did not disclose it as soon as reasonably practicable 4. To a constable (in England and Wales)

What is the maximum sentence for failing to disclose information about terrorism?

10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is failing to disclose information about terrorism a summary, either-way or indictable offence?

Failing to disclose information about terrorism is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is failing to disclose information about terrorism?

Failing to disclose information about terrorism is an offence under the Terrorism Act 2000, s.38B.

More offences against justice and the police

All offences against justice and the police