Bel [2021] EWCA Crim 1461

Bel was convicted of collecting information by having in his possession “The Anarchist’s Cookbook” which was likely to be useful to a person committing or preparing an act of terrorism. He was sentenced to a special custodial sentence for an offender of particular concern comprising a custodial term of two years and a further one year licence period.

The applicant harboured extreme right wing views and had a general interest in extreme violence. He was in contact with individuals closely connected to the proscribed National Action group and those who identified as “incels”. The applicant also had Asperger’s Syndrome in which one feature can be intense, narrow and often obsessional interests. He failed to understand why he should be “punished for possession of a freely available book” that was for “academic interest only”. Following his release on bail the applicant had contacted the police and requested the return of the book, and a Totenkopf badge that had also been seized. The defence argued that the judge should have imposed a suspended sentence or community penalty.

The sentencing judge considered the applicant’s ASD and the extent of the allowance to be made for it. He concluded the applicant used the diagnosis when it suited him and was a highly manipulative person. Also of concern was the lack of frankness when he was spoken to by Prevent and his fascination with weapons, and his expressed desire to go on a killing spree.

It was argued the judge failed to afford sufficient weight to the applicant’s mitigation, in particular his age, immaturity, vulnerability, good character and mental health issues. The Court of Appeal disagreed and described the judge’s approach as faultless. Although alive to the applicant’s diagnosis, his unrelenting activities provided the relevant context for his possession of the guide and led to the conclusion that an immediate custody was inevitable. The appeal was dismissed.