SENTENCING STATEMENTS

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HMA v Alan Edward

Dec 19, 2024

At the High Court in Glasgow, Judge Tait sentenced Alan Edward to an extended sentence of 15 years after the offender pled guilty to firearm and terrorism offences. The custodial term was set at 10 years and the extension period, the time spent on licence in the community, was set at five years.

On sentencing, Judge Tait said:

"Alan Edward, on 16 September 2024, at the High Court at Stirling you were convicted of:

four offences under terrorism legislation, namely inviting support for a proscribed organisation (that is National Action); possession of an array of weapons; encouragement of terrorism and dissemination of terrorist publications;
firearm offences relating to possession of a disguised stun gun;
charges of production and supply of cannabis over a two year period and
three charges of threatening or abusive behaviour: one of which threatened serious violence against an investigating police officer; the other charges related to social media activity of a racist and anti-Semitic nature, intending to stir up racist hatred and activity which depicted Holocaust denial and separately activity which was homophobic and transphobic in nature.

You publicly and extensively posted views of an extreme right-wing nature and you were found in possession of numerous weapons in circumstances giving rise to a reasonable suspicion that you acted for a purpose connected with the commission, preparation or instigation of an act of terrorism.

You are aged 55.

You have a schedule of previous convictions which dates from 2003 including convictions for possession of an offensive weapon, public disorder, breach of court orders, road traffic offences, drug possession, copyright infringement, wasting police time, assault and dishonesty. You have not served a custodial sentence.

The author of the risk assessment prepared for today’s hearing assesses you as a high risk of reoffending.

I have listened carefully to what has said on your behalf this morning and take all of the points advanced in mitigation into account in determining a suitable sentence in your case. I have given careful consideration to the criminal justice social work report and risk assessment.

For such serious offences, there is no appropriate alternative to a prison sentence. It is necessary to punish you, to seek to deter you and others from possessing weapons and engaging in activities for the purposes of terrorism and to protect the public from you.

Given the nature of these offences and the terms of the criminal justice social work report and risk assessment, I do not consider that the normal period of licence would be sufficient to protect the public from serious harm from you. Accordingly I shall impose an extended sentence.

In fixing the custodial term, I have considered all of the circumstances of the case.

In relation to charges 8, 9 and 10 (the terrorism offences) you will be subject to an extended sentence of 15 years with a 10 year custodial term and a 5 year extension period during which you will be subject to licence conditions fixed by the Scottish Ministers. If you break any condition of licence you can be recalled to prison. The custodial term will be backdated to 9 September 2022.

In relation to the remaining charges, I impose the following periods of imprisonment which will be served concurrently, that is at the same time, as the extended sentence on charges 8, 9 and 10.

In relation to charge 7 (an offence under the Terrorism Act 2000 but with a lesser maximum period of imprisonment) I impose a period of imprisonment of 8 years.

In relation to charges 1 and 2 in cumulo (that is taken together), I impose a period of imprisonment of 5 years.

In relation to charge 3, I impose a period of imprisonment of 2 years.

In relation to charges 5 and 6 in cumulo, I impose a period of imprisonment of 7 years.

In relation to charges 12 and 13 in cumulo, I impose a period of imprisonment of 2 years 6 months.

In relation to charge 14, I impose a period of imprisonment of 2 years.

Under part 4 of the Counter Terrorism Act 2008 you will accordingly be subject to notification requirements for 30 years.

I am satisfied that the statutory criteria are met and that it is necessary and appropriate to make a serious crime prevention order on the conditions which you have accepted. It will last for five years and will commence when you are released from prison.