Court of Appeal Upholds Sentence for TPIM Notice Breaches

On 20 January 2026, the Court of Appeal handed down judgment in the case of R v TPD [2026] EWCA Crim 16.

The offender is the subject of a High Court anonymity order made on 27 November 2023.

He was made subject to terrorism prevention and investigation measures (TPIM) under the Terrorism Prevention and Investigation Measures Act 2011.  Such measures are, as the Court of Appeal observed, rare.

In 2025, he breached the association measure of the TPIM notice on four occasions, without reasonable excuse.  This is an offence under s. 23 of the 2011 Act.

There are no offence-specific Sentencing Guidelines for this offence.  Before this appeal, there were no relevant Court of Appeal sentencing decisions.

Consistent with the approach suggested by the prosecution at first instance, the Court applied culpability factors in analogous guidelines.  The Court also found that a sentencing judge cannot but find that the harm or risk of harm consequent on breach is very serious.  This is because of the conditions that must be satisfied, under the 2011 Act, before a TPIM notice may be imposed.  The custodial sentence was upheld.

The Court also upheld the sentencing judge’s decision to impose a Serious Crime Prevention Order, agreeing with the prosecution’s submission that an appeal against such an order is limited to review.

Julia Faure Walker, instructed by CPS Counter Terrorism Division, appeared on behalf of the prosecution at first instance and in the appeal against sentence in the case of R v TPD.