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The Counter-Terrorism Division of the Crown Prosecution Service (CPS) - cases concluded in 2010

Included in the list below is a brief summary of the cases which have been concluded in 2010. It should be noted that, as a general rule, a defendant is entitled to a one third discount on his sentence if he pleads guilty at the earliest opportunity, with a sliding scale for guilty pleas which are entered later than that. If a defendant is found guilty after trial, the Court can consider the maximum tariff to be available, subject to any personal mitigation that may be submitted on the defendant's behalf. Where a life sentence has been imposed, the tariff shown as the minimum sentence is the time to be served before parole can be considered. Some life sentences are shown as indefinite in which case it is for the Parole Board to monitor the defendant's progress towards a time when he can be considered for release.


Ghafoor was charged with one offence of making a threat to destroy or damage property contrary to s.2 of the Criminal Damage Act 1971.

In March 2009 Ghafoor had been sentenced to a term of imprisonment for a similar offence and on 28 April 2009 he had been transferred from HMP Belmarsh to Ravenswood House in Hampshire, a secure medical facility that is used to treat and assess patients who have psychiatric and psychological conditions.

On 25 May 2009 he made a threat, both orally and in writing, to two mental health nurses working there that he would damage or destroy the Humberside Gate Shopping Centre in Leicester and that he would do this by using a car bomb containing explosive gas canisters. Ghafoor said he wanted to do this act as a protest against the British and American forces fighting in Iraq and Afghanistan.

Whilst at Ravenswood House Ghafoor was subject to a number of psychiatric and psychological assessments and tests and it was concluded that he had no recognised psychiatric or psychological condition.

On 17 August 2009, when Ghafoor was released from HMP Belmarsh after serving his sentence for the similar offence, he was arrested for making the threats to the two nurses. Ghafoor made the comment "I do believe in the threats and intend to carry them out".

Ghafoor was interviewed with an appropriate adult present and although he largely made no comment, he did indicate that he supported Al-Qaeda.

On 8 February 2010 Ghafoor pleaded guilty to the offence against s.2 of the Criminal Damage Act 1971 and was sentenced to 3.5 years' imprisonment.

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On 21 October 2009 police officers searched Tinklin's home address in Blackwood, Gwent, pursuant to a drugs warrant. In his address they found packets of sulphur, potassium nitrate and powdered charcoal. In addition they found a home-made muzzle-loading weapon, a lead ball and a length of copper pipe which had been pinched at each end and a hole drilled in its side (identified as being an improvised pipe-bomb). Inside this last item police recovered a powder that contained potassium nitrate, sulphur and charcoal; the appearance of that "black powder" mix indicated that it had not been professionally made.

The firearm was tested and it was concluded that it had the capacity to discharge a missile with lethal force. The lead ball recovered was capable of fitting into the muzzle of the improvised firearm.

There was no fuse inserted in the pipe-bomb but there were a number of professionally made fireworks in the house, fuses from which could be used for this purpose.

Police also found further quantities of the ingredients necessary to make the black powder which had been recovered from the pipe-bomb at Tinklin's address.

Tinklin was charged with one count of possession of a firearm without a certificate contrary to s.1 of the Firearms Act 1968, two counts of making explosives and three counts of possession of explosives contrary to s.4(1) of the Explosive Substances Act 1883.

On 14 January 2010 Tinklin pleaded guilty to one count of possessing a firearm without a certificate (the muzzle-loaded weapon), contrary to s.1 of the Firearms Act 1968 and two counts of making explosives, contrary to s.4(1) of the Explosive Substances Act 1883 (the black powder and the pipe-bomb), and on 23 February 2010 he was sentenced to a total of three years' imprisonment.

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Krenar LUSHA

A male called Kanmi posted messages on a website entitled The Ekhlass Forum, which is a password protected message board established in 2003 and affiliated to Al-Qaeda.

Enquiries were made surrounding messages left on the website, which led police to a male called Ndriquim Lusha, who was living with his brother Krenar Lusha at an address in Milton Keynes in July 2007. Subsequent enquiries established that Krenar had purchased a house in Derby in July 2008, which the police searched on 26 August 2008. The sole occupant of the address was Krenar Lusha.

In the house the police found a laptop computer which was found to be downloading 18 video files, 12 of which were instructional videos in Arabic on how to mix chemicals in order to create explosive substances. Assessments made by translators and scientists indicated that these bomb making recipes were all viable. The computer also contained website chat with potential brides-to-be in which Krenar Lusha stated that his dreams were "To travel. To drive ... to snipe and to kill Americans." He also said in the chat that he hated America and was so happy when American soldiers die; he spoke of jihad and called himself an "Irhabi-terrorist".

Police also found a tower computer which contained a number of files, including 43 PDF text documents, two zip files containing two video clips, most of which were instructional in nature. Some of the documents found within the files on this computer had the following titles; ..."how to make invisible ink and poisonous inks", "Entrance to The Art of Killing Wrestling", "Improvised radio detonation techniques", "How to make disposable silencers", and "The Mujahideen Poisons Handbook".

They was also found a quantity of ideological material on the recovered computers, for example; a book entitled "Join The Caravan", "Essential Provisions of the Mujahid", "The Virtues of Jihad" and "Fighting the Rulers".

They also found 15 mobile phones, a 4kg box of potassium nitrate in the room where Krenar Lusha was sleeping, 71.8 litres of petrol in the cellar and a shotgun cartridge.

Lusha was interviewed and confirmed he was the sole occupant of the Derby house and the sole owner and user of the computers. He admitted downloading a wide variety of material, including material on the Iraq War, fighting militia and weapons. He did not provide an adequate explanation for why he had 15 mobile phones except for stating that one of the phones was his friend's. When questioned about some of the violent images contained on his computer he made no comment. He denied ever seeing or touching the potassium nitrate and stated that he had purchased the petrol in preparation for acquiring a big car.

In December 2009, following a trial, Lusha was convicted of five offences of possessing documents for the purposes of terrorism contrary to s.57 of the Terrorism Act 2000. He was sentenced to a term of seven years' imprisonment.

He appealed against his conviction and sentence. At the Court of Appeal on 6 July 2010 both grounds of appeal were refused. Lord Justice Thomas, in delivering the Court of Appeal's judgement, stated that it was for the judge to consider the top range of sentences for convictions under s.57 of the Terrorism Act 2000 up to 15 years, the maximum as decreed by Parliament (not six years as had been cited in an earlier case of R v Nathan Worrell). Therefore the sentence passed against Lusha could not be faulted and the appeal was dismissed.

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Ishaq KANMI, Abbas IQBAL, Ilyas IQBAL

All lived in the Blackburn area of Lancashire. The principal member of the group, Kanmi, used an internet based pro-jihadi discussion forum in January 2008 to make claim that he had established and assumed leadership of Al-Qaeda Great Britain (AQ-GB). Through the use of the forum and using a pseudonym Kanmi outlined the strategic direction and objective of AQ-GB, which included large scale attacks against Western interests, attacks on political figures and the execution of all those who oppose the Mujahideen. The postings specifically named Tony Blair and Gordon Brown as the top of the list for elimination.

In a further posting Kanmi repeated his claim and issued a statement through the web forum demanding the withdrawal of British troops from Afghanistan and Iraq as well as the release of Muslim prisoners from Belmarsh prison. Kanmi claimed that if these demands were not met by the end of March 2008 then martyrdom seekers would target political leaders, naming Tony Blair and Gordon Brown as well as others. His claims reached a national audience when an article regarding his postings was printed in The Times newspaper, and an international audience when the article was subsequently syndicated worldwide.

Kanmi was arrested on 14 August 2008 at Manchester International Airport where he was due to fly out to Finland. He was found with a mobile phone, a memory card and two pen drives. The memory card and one of the pen drives contained documents relating to jihad. The other pen drive contained a training video demonstrating a technique to attack airline staff from the rear of the plane using a plastic knife.

Kanmi pleaded guilty to professing to belong to a proscribed organisation (Al-Qaeda) contrary to s.11 of the Terrorism Act 2000, inviting support for a proscribed organisation contrary to s.12 of the Terrorism Act 2000, one count of collecting or making a record of information useful to a terrorist contrary to s.58 of the Terrorism Act 2000 and four counts of dissemination of terrorist publications contrary to s.2(1) (a) of the Terrorism Act 2006. He received a total sentence of five years imprisonment in June 2010.

Two further members of the group were subsequently identified by the police, Abbas and Ilyas Iqbal. Abbas Iqbal was arrested with Kanmi at Manchester Aiport. He was found to be in possession of a number of spent 8mm blank shell casings in the pocket of his jacket, a mobile phone that contained anti-American and jihadist imagery, a multimedia storage device containing homemade video recordings of both himself and Ilyas dressed in combat fatigues discharging handguns, shouting 'Allahu Akbar', practising military manoeuvres and holding a variety of weapons.

Ilyas Iqbal was arrested later the same day at his place of work where his desk was searched and was found to contain a number of books including references to jihad.

Police searched the brothers' address where a computer was found that contained extremist material and material designed to incite. The computer registry also revealed that one of the pen-drives taken from Kanmi had been inserted and used with it. Also found on the computer were photographs of Jack Straw MP speaking at a meeting. A Sony Camcorder tape was also found containing a home video recording of the brothers holding machetes and simulating a beheading. An arsenal of weaponry and military equipment was also found at their address as well as an array of jihadist material and live ammunition.

After a trial Abbas Iqbal was convicted of dissemination of terrorist publications contrary to s2 of the Terrorism Act 2006 and preparation for acts of terrorism contrary to s5 of the same Act. He received total of three years' imprisonment. Ilyas Iqbal was convicted of collecting or making a record of information useful to a terrorist contrary to s.58 of the Terrorism Act 2000 and received 18 months' imprisonment.

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Terence Robert GAVAN

On 20 May 2009 a male had been arrested for being involved in a website that advertised and sold a variety of manuals offering instruction on how to make explosive devices, home-made firearms and ammunition. From records obtained by the police they were able to identify two such manuals purchased from the website by Gavan in 2007.

On 21 May 2009 the police went to speak to Gavan at his home address in Batley, West Yorkshire. After questioning Gavan they then searched his house where they found a number of explosive devices that he had made, several firearms, some of which he had manufactured and some that were loaded, ammunition, equipment and tools that could be used to make firearms and ammunition and various books and computer files likely to be useful to terrorists. At the time of his arrest Gavan was a member of the British National Party.

Gavan pleaded guilty to eight counts of making and possessing explosives contrary to s.4 of the Explosive Substances Act 1883, seven counts of possessing and manufacturing firearms contrary to s.5 of the Firearms Act 1968, one count of possessing ammunition without a valid certificate contrary to s.1of the Firearms Act 1968 and two counts of possessing a document likely to be useful to a terrorist contrary to s.58 of the Terrorism Act 2000. He received a total sentence of six years' imprisonment.

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Police officers went to Cartwright's home address in Lancashire on 9 April 2009 following a report of suspicious behaviour at a garden centre three days earlier. They arrested him on suspicion of conspiracy to steal and searched his home. They found an array of improvised explosive device (bomb) components and evacuated the address and the neighbouring address. When they resumed their search they found a computer which contained a number of bomb making manuals on its hard drive.

Cartwright was interviewed and he claimed that he intended at some point to set up a business with two associates providing training to those who wished to become Close Protection Operatives of bodyguards. He said that he would deploy explosive devices and dummy devices during training exercises and that is why he had the explosive devices in his possession. He admitted he had downloaded instructional material from the internet but he had not found the material helpful as it was either over his head or provided information he already knew. Cartwright admitted he was not licensed under the Security Industry Association and also admitted he had not "done his homework" with regard to checking on the legality of his activities. He said he had never intended to cause anyone any harm.

Cartwright had no connection to individuals or organisations with a terrorist or extremist agenda.

In March 2010 Cartwright pleaded guilty to two counts of possessing or making explosives contrary to s.4 of the Explosive Substances Act 1883 and two counts of possessing a document likely to be useful to a terrorist contrary to s.58 of the Terrorism Act 2000. He received a total sentence of two years' imprisonment.

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Ian and Nicky DAVISON

In spring 2009 police officers began to investigate an organisation called the Aryan Strike Force ("ASF"). The ASF was a neo-Nazi organisation which espoused violent hatred towards Jews, Muslims, black people, Asians and anyone associated with the British Government. The ASF was dedicated to using violence in its quest for the creation of an international "Aryan" group who would establish white supremacy in white countries. The ASF operated a website and through this medium the organisation spread its message and operated a forum for members in which they could exchange views. The site also offered for download various publications of an ideological or terrorist nature.

Ian and Nicky Davison are father and son and were important figures in the ASF; in particular Ian Davison was one of the co-founders of ASF.

In June 2009 officers went to the addresses of Ian Davison, who lived in Newcastle-Upon-Tyne and Nicky Davison, who lived in County Durham. They found a jar of ricin in Ian Davison's house, the contents of which were enough to have killed nine people. Ian Davison admitted he had made the ricin. Police also found copies of instructional material on the making of bombs and other explosive devices stored on his computer.

In Nicky Davison's address police found on two computers a large quantity of bomb making and explosive making material.

Ian Davison was charged with, and pleaded guilty to, preparing for acts of terrorism contrary to s.5(1) of the Terrorism Act 2006 and producing a chemical weapon (ricin) contrary to s.2(1)(b) of the Chemical Weapons Act 1996. This case was the first prosecution for this latter offence in the UK. Ian Davison also pleaded guilty to charges relating to the instructional material on his computers regarding the making of bombs, contrary to s.58 of the Terrorism Act 2000. In May 2010 he received a total sentence of 10 years' imprisonment.

Nicky Davison pleaded not guilty to two counts of possession of material likely to be of use to a terrorist contrary to s.58 of the Terrorism Act 2000. He was convicted of both offences and in May 2010 was sentenced to two years' imprisonment.

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Michael HEATON and Trevor HANNINGTON

On 9 December 2009 two further leading members of the Aryan Strike Force (ASF), Michael Heaton and Trevor Hannington, were arrested at their home addresses in Lancashire and Cardiff respectively. Heaton was a committee member and Hannington was an administrator of the ASF website. Both had made a large number of postings on the forum which included calls for the killing of Jews and black people. The postings also demonstrated hatred towards Jews, black people, Muslims and people of Asian heritage.

Heaton's house contained a lot of Nazi paraphernalia. His computers were seized. He had made specific postings on the ASF forum which called for the destruction of Jews, and had made comments demonstrating hatred for ethnic minorities and the British government. Heaton was charged with a number of offences which comprised offences of soliciting murder and using threatening, insulting words or behaviour intending to stir up racial hatred. He admitted to police that he had made such posts, dismissing his actions as "talking rubbish" on the internet - he claimed that he had moved away from such extreme views.

Hannington's home was searched and his computers were seized. He had made posts calling for the killing of Jews and demonstrating hatred for people who were not white. He had also downloaded publications from the internet and bought a book in hard-copy which provided instructions on how to make bombs and other explosive devices. He had also distributed to ASF members an instructional video on the making an improvised flamethrower which, he said, could be used to burn black people. He was charged with a number of offences which comprised offences of soliciting murder and using threatening, insulting words or behaviour intending to stir up racial hatred. In addition, he was charged with three offences collecting information likely to be of use to a person committing or preparing an act of terrorism and one offence of disseminating a terrorist publication. He admitted to police that he had made all the posts and claimed that he never intended to carry through the things he had posted. He had downloaded the terrorist publications but only out of curiosity.

At trial Heaton pleaded not guilty to all the charges he faced. He was found not guilty of the count of soliciting murder but was found guilty of all the counts relating to the stirring of racial hatred contrary to s.18 of the Public Order Act 1986. He was sentenced to a term of 30 months' imprisonment. Hannington was found not guilty of the count of soliciting murder but had pleaded guilty on the first day of the trial to the counts relating to the stirring of racial hatred, three offences of collecting information likely to be of use to a person committing or preparing an act of terrorism contrary to s.58 of the Terrorism Act 2000 and the one offence of disseminating a terrorist publication contrary to s.2 of the Terrorism Act 2006. He was sentenced to a term of two years' imprisonment.

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"The Airline Bomb Plot"

The case involved individuals who had together devised a method to construct home made explosive devices using hydrogen peroxide disguised in soft drink bottles and therefore of a type that would go through airport security undetected as a component of an explosive device. Once onto a plane, at some point in mid-air to the USA or Canada, the devices would be assembled and detonated by those wishing to be suicide bombers, causing one or more explosions and the consequential critical damage to the aircraft leading to the almost certain break up of the plane and the death of themselves and passengers.

The Security Service and police conducted a surveillance operation in 2006. The investigation showed the ringleader to be Abdul Ahmed Ali. The men who were his closest aides were Tanvir Hussain, who helped in experiments with the assembly of the devices and Assad Sarwar, who acquired explosive components and hid them in High Wycombe woods. Sarwar also kept martyrdom films which had been taken and made by Ali of himself and five close associates. Sarwar considered himself a chemist and purchased most of the chemical ingredients for the explosives.

There were links abroad, including to Pakistan, through which direction, guidance, approval, general help and personnel was supplied.

Those recruited to be suicide bombers along with Ali were Tanvir Hussain, Umar Islam, Arafat Waheed Khan, Ibrahim Savant and Waheed Zaman.

Other individuals provided assistance including Nabeel Hussain who assisted in fund raising.

At the time of their arrests in August 2006, Ali was carrying a list of flights on a memory stick. The flights he had singled out were to San Francisco, Toronto, Montreal, Washington, New York and Chicago. In a document found on Ali's memory stick the first departure was recorded at 14.30 (United Airlines 777 non-stop to San Francisco); the final departure was only 2 hours and 35 minutes later at 16.50 (American Airlines 777 non-stop to Chicago). Accordingly, upon the basis of the information contained within this document, from some time soon after 16.50 all seven transatlantic aircraft would be mid-air over land or sea, at altitude and extremely vulnerable to the effects of an on board explosion.

After the police made 23 arrests, they searched over 50 premises and locations, finding many large bottles filled with litres of hydrogen peroxide, martyrdom videos of six men on DVD/tape, batteries and bulbs to be used for the detonator. Hidden in woods in High Wycombe the police found a suitcase containing a considerable amount of the ingredients for making HMTD, a primary explosive which was destined for use in batteries and then used to detonate the soft drinks bottles filled with the hydrogen peroxide mixture. The police also found more bottles of hydrogen peroxide hidden in the woods.

The first trial started on 3 April 2008 and ended on 8 September 2008 with Ali, Tanvir Hussain and Sarwar being convicted of conspiracy to murder people unknown (without the element of aircraft) contrary to s.1(1) of the Criminal Law Act 1977. The jury was unable to decide on a verdict in respect of the other charges and individuals, apart from Mohammed Gulzar, who was acquitted of participating in the conspiracy.

The CPS announced its decision to apply for a retrial on 10 September 2008.

The retrial started on 2 March 2009. After the second trial Ali, Sarwar and Tanvir Hussain were convicted of the plot to destroy transatlantic aircraft. All received sentences of life imprisonment; Ali to serve a minimum of 40 years, Sarwar to serve a minimum of 36 years and Hussain to serve a minimum of 32 years. Ibrahim Savant, Arafat Khan and Waheed Zaman were acquitted of conspiracy to murder people on board transatlantic airliners during the second trial and the jury could not agree the charges of conspiracy to murder persons unknown. Donald Douglas Stewart-Whyte was also acquitted of being a conspirator and potential suicide bomber; he pleaded guilty to possession of a 9mm handgun with ammunition. He was sentenced to three years' and eight months' imprisonment.

The CPS decided to seek a third trial for Savant, Khan and Zaman on the basis that a jury had to decide whether or not they had been prepared to blow themselves up, even if they had not known what Ali had been planning.

In a separate trial Adam Khatib was found guilty of conspiracy to murder persons unknown, Nabeel Hussain was found guilty of committing acts in preparation of terrorism contrary to s.5 of the Terrorism Act 2006 and Shamim Uddin was found guilty of being in possession of information likely to be useful for terrorists contrary to s.58 of the Terrorism Act 2000 and possession of firearm, to which he pleaded guilty. Khatib received a sentence of life imprisonment to serve a minimum of 18 years, Nabeel Hussain received eight years' imprisonment and Shamim Uddin received a total sentence of seven years' imprisonment.

The third trial of Savant, Khan and Zaman started on 26 April 2010 and finished on 8 July 2010. All three men were convicted of conspiracy to murder persons unknown and on 12 July 2010 they received life sentences with each to serve a minimum of 20 years' imprisonment.

This final trial brought to an end a series of prosecutions that spanned over two years and came four years after the police and security services prevented what has been described as one of the largest UK based terrorist plots.

This plot sparked a fundamental shift in airliner security across the Western world, with governments restricting liquids from flights. The restrictions prompted chaos at airports but have since become part of the standard security arrangements for flights.

Declan Derek Patrick DUFFY

Mr Newman, a Sergeant in the Royal Corps of Signals employed in the Derby branch of the Army Careers Information Office, was shot dead on 13 April 1992. On that day he left his office in Derby city centre and walked to the car park where he had left his car. He was followed by two men who shot him once to the head. The men ran off to a waiting getaway car and made good their escape. Mr Newman died of his wounds. The Irish National Liberation Army (INLA) claimed responsibility for Mr Newman's murder.

Duffy and the other men involved fled to the Republic of Ireland. Initial attempts to extradite them failed. A European arrest warrant (EAW) was issued for Duffy on 14 February 2007.

Duffy was serving a sentence in a prison in the Republic of Ireland as extradition proceedings commenced. He requested and was granted a transfer to a prison in Northern Ireland. From there he was transferred to England and arrested on the 1st instance warrant that underpinned the EAW.

Duffy was produced at Stafford Crown Court on 22 July 2010 and pleaded guilty to a single count of murder. He was sentenced to life imprisonment with a recommendation that he serve at least 24 years.

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Hemingway had a YouTube channel. Between January and June 2007, he produced, copied or compiled and then posted 13 videos that contained threatening, abusive or insulting content, intended or at least likely to stir up racial hatred. Five of those videos were the subject of the charges. He did not employ any of the sites' privacy settings and therefore the videos could be accessed by anyone with an internet connection.

A journalist came across one of the videos entitled 'Dewsbury needs help' and complained to the police about its content. Hemingway was traced and arrested. He admitted posting the videos onto the YouTube channel. He stated that he made 'Dewsbury needs help' but that he found the rest of the video clips on YouTube and simply re-posted them.

Hemingway was charged with 5 counts of distributing recordings of visual images and sounds that were threatening, abusive or insulting and intended or at least likely to stir up racial hatred, contrary to section 21(1) of the Public Order Act 1986.

The case was delayed pending the result of the appeal in R v Sheppard & Whittle, a case involving the composure, publication and uploading of anti-Semitic material onto a website.

On 15 October 2010, Hemingway appeared at Leeds Crown Court and pleaded guilty to the 5 counts on the basis that he had only intended the videos to be viewed by a small group of like minded people. The case was adjourned for a Newton hearing.

On 15 November 2010, having heard evidence from Houghton, the Court rejected his version and sentenced him to 15 months imprisonment on each count. The sentences are to run concurrently. His computer equipment was forfeited.

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Houghton was 25 years old. He worked for the British Secret Intelligence Service (SIS/MI6) from September 2007 to May 2009. In the course of his employment with SIS he accessed a number of computer files belonging to the British Security Service (BSS/MI5). The files related to the work of the security and intelligence services and contained sensitive capabilities and important tools developed by SIS staff for the gathering of intelligence for national security purposes. Some of these files had a security classification of 'Top Secret' and others were classified 'Secret'. At some point during his employment with SIS Houghton dishonestly removed those files from his place of work.

In August 2009 Houghton approached the Dutch Security and Intelligence Service and, by telephone, offered to sell the files he had removed. Houghton had a number of telephone conversations with the Dutch intelligence officers over the following months and agreed to fly to Holland to meet with them on 15 and 16 January 2010.

The Dutch informed BSS of what had taken place and it was agreed between the two Services that a meeting should be set up between Houghton and the Dutch intelligence officers at a hotel in London on 18 February 2010. The meeting was covertly video and audio recorded. During the meeting Houghton negotiated a significant payment price for the material. He initially asked for £2,000,000, and sought to drive up the price by offering further information in the form of two lists containing details of staff involved in security and intelligence work with whom Houghton had worked while he was at SIS. The eventual figure agreed upon for all the information was £900,000.

On 24 February 2010 the Dutch phoned Houghton and agreed a further meeting for him to hand over the material and receive payment for it. On the afternoon of 1 March 2010 Houghton met with the Dutch intelligence officers in a hotel in London. Again this meeting was covertly recorded. At this meeting Houghton confirmed he had brought with him the hard drive and both memory cards. He then used a laptop computer to show the Dutch some of the material he had stored on the portable media devices. He then handed over the material and was given a suitcase containing £900,000 in cash. Houghton took the suitcase and left the hotel room, whereupon he was detained by plain clothes police officers.

Houghton was arrested and taken to Marylebone Police Station where he was interviewed. He declined to answer any of the questions put to him in interview.

A police search was carried out at his home address. A Sony memory card and a small external hard drive were found in his bedroom. Analysis of these items revealed that they contained copies of the sensitive capabilities files contained on the memory cards that he had handed over to the Dutch on 1 March 2010. Also found in his bedroom were a number of hard copy documents bearing protective markings of 'Restricted' up to 'Top Secret - Strap 2'.

In April Houghton was charged with one count of theft of electronic files belonging to BSS contrary to section 1(1) of the Theft Act 1968 and two counts of unlawful disclosure of material relating to security or intelligence contrary to section 1(1) of the Official Secrets Act 1989.

On 14 July 2010 Houghton pleaded guilty to the two Official Secrets Act offences and on 3 September 2010 at The Old Bailey Houghton was sentenced to 12 months' imprisonment to run concurrently on both charges. The Crown offered no evidence in respect of the theft charge.

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