Abu Hamza Al-Masri - Arrest, Charges and Imprisonment

Arrest, Charges and Imprisonment

On 26 August 2004, Hamza was arrested by British police under section 41 of the Terrorism Act 2000 which covers the instigation of acts of terrorism. Charges against him were dropped on 31 August 2004, but he was kept in jail whilst a U.S. extradition case was developed and British authorities drew up further criminal charges of their own. Almost two months later, on 19 October 2004, Hamza was charged with 15 offences under the provisions of various British statutes, including encouraging the murder of non-Muslims, and intent to stir up racial hatred. The trial commenced on 5 July 2005, but was adjourned, and not resumed until 9 January 2006. On 7 February 2006, he was found guilty on eleven charges and not guilty on four:

• Guilty of six charges of soliciting murder under the Offences against the Person Act 1861; not guilty on three further such charges.
• Guilty of three charges related to "using threatening, abusive or insulting words or behaviour with intent to stir up racial hatred, ", not guilty on one further such charge.
• Guilty of one charge of "possession of threatening, abusive or insulting recordings of sound, with intent to stir up racial hatred ".
• Guilty of one charge of "possessing a document containing information likely to be useful to a person committing or preparing an act of terrorism" under the Terrorism Act 2000, s58. This charge under the Terrorism Act of 2000 related to his possession of an Encyclopedia of Afghan Jihad, an Al Qaeda Handbook and other propaganda materials produced by Abu Hamza.

In sentencing, Mr Justice Hughes said Hamza had "helped to create an atmosphere in which to kill has become regarded by some as not only a legitimate course but a moral and religious duty in pursuit of perceived justice." Abu Hamza was sentenced to seven years' imprisonment.