In a recent Comment article, it is suggested that a new offence of 'acts preparatory to terrorism' would be 'unproblematic' (see [2005] Gazette, 4 August, 12).


But what about committing such an act oblivious of its true characteristics? The apparent ability of the 7 July terrorists to conceal the nature of their preparatory acts from friends and family suggests that they undertook all such acts personally or, more probably, employed innocent assistants in buying freely available supplies.


A similar problem arises in the context of the offence of handling stolen goods. Section 22 of the Theft Act solves this problem by confining the offence to handling stolen goods, knowing or believing them to be stolen. The Minister of State at the Home Office, Baroness Scotland of Asthal QC, has stated that the definition of the offence has not yet been settled on, and that the point is a good one. It is to be hoped that it will be taken on board.


Lord Donaldson of Lymington, House of Lords