Crown decides not to seek Siddique retrial
The Crown Office issued a statement on 9 February 2010 indicating that it had decided not to seek a retrial of Mohammed Atif Siddique on terrorism charges following the Criminal Appeal Court's decision two weeks ago to quash a conviction under section 57 of the Terrorism Act 2000, on the basis that the trial judge misdirected the jury as to the relevant law.
The statement continues as follows:
“The law in relation to section 57 of Terrorism Act 2000 has, since the trial judge charged the jury, further developed through a number of decisions in the English courts.
“After careful consideration of the Appeal Court’s judgment, the Crown has decided not to seek authority for a retrial. The fact that Mr Siddique has already served the majority of his sentence for charge 1, and has de facto served his sentence in full for the other terrorist offences, of which he remains convicted, means that a retrial would have little practical effect. Accordingly, the Crown has concluded that a retrial would not be in the public interest.
"Mohammed Atif Siddique remains convicted of the other charges on the indictment which were:
* section 54 of the Terrorism Act 2000: setting up websites providing links to documents providing instructions on how to operate weaponry and make explosives
* section 2 of the Terrorism Act 2006: circulating terrorist publications by means of websites to encourage, induce or assist the commission, preparation or instigation of acts of terrorism)
* breach of the peace: showing images of suicide bombers, murders and beheadings to fellow students, threatening to be a suicide bomber and to carry out terrorism in Glasgow or elsewhere."