Five Palestine Action activists, convicted of causing extensive damage to a Barclays Bank branch in Burnley, could now face sentencing under terror legislation. Brendon O’Hagan, 28; Amanda Kelly, 31; Humeera Atiqnisar, 31; Mohammed Malik, 28; and Alma Yaniv, 70, were found guilty last month of causing £212,000 of damage during a protest in August 2024. The demonstration targeted Barclays due to its reported shareholdings in the Israeli weapons firm, Elbit Systems.
Following the verdicts, Judge Philip Parry informed both the prosecution and defence of his intention to consider a 'terrorist connection' to the offending. This development comes despite the possibility not being raised with the jury or the defendants prior to or during the trial. Judge Parry referenced a previous judgment by Mr Justice Johnson, who deemed a similar property damage offence by four other Palestine Action activists at an Elbit factory near Bristol to have a 'terrorist connection'.
The Crown Prosecution Service (CPS) is now arguing that the five individuals should be sentenced as terrorists, stating that the 'terrorist connection' only emerged from admissions made by the defendants during the trial, including their affiliation with Palestine Action and the protest being part of a broader campaign against Barclays. However, critics argue this move significantly broadens the scope of counter-terrorism laws. Mohammed Malik, one of the convicted activists, expressed concern, stating that the attempt to sentence them as terrorists for property damage raises serious questions about the use of such legislation against political dissent.
Human rights organisations and political figures have voiced strong objections to the potential application of terror sentencing. Akiko Hart, director of Liberty, highlighted the 'deep flaws' in the UK's counter-terror laws, suggesting they encompass activities not typically considered terrorism. Labour MP John McDonnell described the practice of trying protesters under criminal law and then sentencing them under terrorist legislation as unfair and unjust, suggesting it aims to silence voices protesting against the situation in Gaza. This contrasts with similar actions by climate activists, where such a connection has not been applied; for instance, Extinction Rebellion protesters who damaged Barclays' London headquarters in 2023 received suspended sentences.
A terrorist sentencing carries severe implications, including a requirement for defendants to serve at least two-thirds of their prison term, significantly longer than standard sentences. Additionally, those released under such conditions are subject to 15 years of terrorist notification requirements, compelling them to inform police of any new device, relationship, bank account, or address. Critics, including Amnesty International and Liberty, have described the finding of a terrorist connection in similar cases as a misuse of counter-terrorism powers. It was reported in October 2024 that Barclays had sold all its Elbit shares, having previously stated they were held only in relation to client-driven transactions.