Javid’s legal conundrum

Why UK trial would fail

Sajid Javid’s decision to assist a US prosecution of the “Beatles” cell came after the CPS said a UK court would be unlikely to convict them.

Despite a large quantity of evidence, including from hostages, UK legislation made it difficult to bring El Shafee Elsheikh and Alexanda Kotey to justice.

Stripped of their British citizenship in 2014, there were difficulties about what evidence from a foreign battlefield would be admissible in a UK court.

Trying them for membership of a proscribed organisation would likely result in short prison terms.

Now the Government wants to address the problems of prosecuting foreign fighters with powers in the new Counter Terror Bill.