The most recent prosecution for what is sometimes known as high treason was that of William Joyce, also known as Lord Haw-Haw, in 1946. Treason remains an offence that can be prosecuted. However, its provisions are somewhat archaic. Modern criminal and terrorism offences are more likely to be applicable and provide sufficient sentencing power, and usually offer a better chance of a successful conviction.
Will the Solicitor General strongly encourage the Law Commission to revise its 2008 guidance that the Treason Act 1351 has ceased to be of contemporary relevance, so that the law may be applied to British nationals who betray our country by going abroad to join a jihad against Her Majesty’s armed forces?
My hon. Friend is right to remind us that the 1351 Act is very much on the statute book. The question of who the sovereign’s enemies are is perhaps easily answered when we have clearly defined state actors who are clearly acting against the interests of our country. It is somewhat more difficult when it comes to returning foreign fighters, but I assure him that when people come back to this country who have committed atrocities abroad and where there is evidence, we will prosecute them.