Legislation – Counter-Terrorism and Sentencing Act 2021

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Introduction

PART 1
Sentencing of terrorist and certain other offenders

1 Offences aggravated by terrorist connection

2 Meaning of “serious terrorism offence”: England and Wales

3 Offences relevant for provisions of this Act relating to Northern Ireland

4 Serious terrorism sentence for adults aged under 21: England and Wales

5 Serious terrorism sentence for adults aged 21 or over: England and Wales

6 Serious terrorism sentence: Scotland

7 Serious terrorism sentence: Northern Ireland

8 Reduction in appropriate custodial term for guilty pleas: England and Wales

9 Reduction in appropriate custodial term for guilty pleas: Scotland

10 Reduction in appropriate custodial term for assistance to prosecution: England and Wales

11 Minimum term order for serious terrorism offenders: England and Wales

12 Minimum punishment part for serious terrorism offenders: Scotland

13 Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland

14 Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland

15 Additional offences attracting extended sentence: England and Wales

16 Increase in extension period for serious terrorism offenders aged under 18: England and Wales

17 Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales

18 Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales

19 Additional terrorism offences attracting extended sentence: Scotland

20 Extended custodial sentences for serious terrorism offenders: Northern Ireland

21 Offences attracting special custodial sentence for offenders of particular concern: England and Wales

22 Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales

23 Terrorism sentence with fixed licence period: Scotland

24 Terrorism sentence with fixed licence period: Northern Ireland

25 Corresponding provision under service law

26 Increase in maximum sentences for certain terrorist offences

PART 2
Release of terrorist offenders

27 Removal of early release for dangerous terrorist prisoners: England and Wales

28 Removal of early release for dangerous terrorist prisoners: Scotland

29 Further provision about release of terrorist prisoners: Scotland

30 Restricted eligibility for early release of terrorist prisoners: Northern Ireland

31 Removal of early release for dangerous terrorist prisoners: Northern Ireland

32 Polygraph licence conditions for terrorist offenders: England and Wales

33 Release on licence of terrorist prisoners repatriated to the United Kingdom

PART 3
Prevention and investigation of terrorism

34 TPIMs: condition as to involvement in terrorism-related activity

35 TPIMs: extension of time limit

36 TPIMs: variation of measures

37 TPIMs: extension of residence measure

38 TPIMs: polygraph measure

39 TPIMs: drug testing measure

40 TPIMs: provision of information

41 TPIMs: annual review

42 Additional offences attracting notification requirements

43 Police powers to apply for serious crime prevention orders in terrorism cases

44 Serious crime prevention orders: review of operation of police powers

45 Persons vulnerable to being drawn into terrorism: timing of independent review

PART 4
General

46 Consequential and related amendments

47 Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

48 Power to make further consequential provision

49 Extent

50 Commencement

51 Short title

SCHEDULES

SCHEDULE 1 Offences where terrorist connection not required to be considered

SCHEDULE 2 Serious terrorism offences: England and Wales

SCHEDULE 3 Offences for the purposes of this Act: Northern Ireland

SCHEDULE 4 Serious terrorism offences: Scotland

SCHEDULE 5 Terrorism offences attracting extended sentence: Scotland

SCHEDULE 6 Offences attracting special custodial sentence for offenders of particular concern: England and Wales

SCHEDULE 7 Offences attracting terrorism sentence with fixed licence period: Scotland

SCHEDULE 8 Corresponding provision about sentencing under service law

SCHEDULE 9 Offences carrying restricted eligibility of terrorist prisoners for release on licence: England and Wales

SCHEDULE 10 Offences carrying restricted eligibility of terrorist prisoners for release on licence: Scotland

SCHEDULE 11 Release on licence of repatriated terrorist prisoners

SCHEDULE 12 Serious crime prevention orders: power for police to apply in terrorism-related cases

SCHEDULE 13 Consequential and related amendments

PART 4General

Schedule 13 contains consequential and other related amendments.

47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.

48Power to make further consequential provision

1

The Secretary of State may by regulations make provision in consequence of this Act.

2

The power conferred by subsection (1) includes power—

a

to amend, repeal or revoke any provision of primary legislation or subordinate legislation (including legislation passed or made on or before the last day of the Session in which this Act is passed);

b

to make different provision for different purposes;

c

to make transitional, transitory or saving provision.

3

Regulations under this section are to be made by statutory instrument.

4

A statutory instrument that contains (with or without other provision) regulations under this section which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

5

Any other statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this section—

  • “primary legislation” means—

    1. a

      an Act of Parliament;

    2. b

      an Act of the Scottish Parliament;

    3. c

      an Act or Measure of Senedd Cymru;

    4. d

      Northern Ireland legislation;

  • “subordinate legislation” means—

    1. a

      subordinate legislation within the meaning of the Interpretation Act 1978;

    2. b

      an instrument made under an Act of the Scottish Parliament;

    3. c

      an instrument made under an Act or Measure of Senedd Cymru;

    4. d

      an instrument made under Northern Ireland legislation.

7

In the Criminal Justice and Court Services Act 2000—

a

in section 77 (supplementary and consequential provision), at the end insert—

3

The provision which may be made under subsection (1) in relation to section 61 of this Act (abolition of sentence of detention in young offender institution etc) also includes provision amending or repealing—

a

any provision of the Counter-Terrorism and Sentencing Act 2021,

b

any provision of an enactment that was inserted or amended by, or by regulations made under, the Counter-Terrorism and Sentencing Act 2021.

b

in section 78(2) (meaning of “enactment”), after “in this Part” insert “other than section 77(3)”.

49Extent

1

A provision of this Act which amends, repeals or revokes an enactment has the same extent within the United Kingdom as the enactment amended, repealed or revoked.

2

Subject to subsections (3) and (4), the other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

3

Section 21(2) extends to England and Wales only.

4

Section 45(2) extends to England and Wales and Scotland.

5

Nothing in subsections (1) to (4) limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.

6

Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the armed forces provisions as those subsections apply to the provisions of that Act.

7

The following are “armed forces provisions”—

a

a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;

b

an amendment, modification or repeal made by or under this Act of—

i

a provision of or made under the Armed Forces Act 2006,

ii

a provision that amends, modifies or repeals a provision of, or made under, that Act, or

iii

any other provision, so far as the provision is applied (by whatever words) by or under that Act.

8

The power under section 39(6) of the Terrorism Act 2006 (extension to the Channel Islands or the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.

9

The power under section 31(4) of the Terrorism Prevention and Investigation Measures Act 2011 (extension to the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.

50Commencement

1

The following provisions come into force on the day after the day on which this Act is passed—

a

section 3 (and Schedule 3);

b

section 21 (and Schedule 6), except as mentioned in subsection (3)(f);

c

section 22;

d

section 23 (and Schedule 7);

e

section 24;

f

section 30;

g

section 45;

h

sections 47 to 49, this section and section 51;

i

the following provisions in Schedule 13 (and section 46 to the extent that it relates to those provisions)—

i

Part 3 of that Schedule, except as mentioned in subsection (3)(i);

ii

Part 4 of that Schedule;

iii

paragraph 44;

iv

paragraph 45 other than sub-paragraph (4);

v

paragraphs 47 to 51;

vi

paragraph 52 other than sub-paragraph (7)(a);

vii

paragraph 53 other than sub-paragraph (4);

viii

paragraphs 54 to 60;

ix

Parts 9 and 10 of that Schedule.

2

The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

a

section 1 (and Schedule 1), except as mentioned in subsection (3)(a);

b

section 2 (and Schedule 2);

c

sections 4 and 5;

d

section 6 (and Schedule 4);

e

sections 7 to 10;

f

section 11, except as mentioned in subsection (3)(b);

g

sections 12 to 14;

h

section 15, except as mentioned in subsection (3)(c);

i

section 16, except as mentioned in subsection (3)(d);

j

sections 17 and 18, except as mentioned in subsection (3)(e);

k

section 19 (and Schedule 5);

l

section 20;

m

section 26;

n

section 27 (and Schedule 9);

o

section 28 (and Schedule 10);

p

section 29;

q

sections 31 and 32;

r

section 33 (and Schedule 11);

s

sections 34 to 42;

t

section 43 (and Schedule 12);

u

section 44;

v

the following provisions in Schedule 13 (and section 46 to the extent that it relates to those provisions)—

i

Part 1 of that Schedule, except as mentioned in subsection (3)(h);

ii

Part 2 of that Schedule;

iii

paragraphs 45(4), 46, 52(7)(a) and 53(4);

iv

Part 8 of that Schedule.

3

The following provisions of this Act come into force on such day as the Secretary of State may by regulations appoint—

a

section 1 (and Schedule 1), as they have effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006;

b

section 11, as it has effect for the purposes of section 323 of the Sentencing Code as applied by section 261A of the Armed Forces Act 2006;

c

section 15, as it has effect for the purposes of Schedule 18 to the Sentencing Code as applied by sections 219A and 221A of the Armed Forces Act 2006;

d

section 16, as it has effect for the purposes of section 256 of the Sentencing Code as applied by section 221A of the Armed Forces Act 2006;

e

sections 17 and 18, as they have effect for the purposes of sections 268 and 281 of the Sentencing Code as applied by section 219A of the Armed Forces Act 2006;

f

section 21 (and Schedule 6), as they have effect for the purposes of Schedule 13 to the Sentencing Code as applied by section 224A of the Armed Forces Act 2006;

g

section 25 (and Schedule 8);

h

paragraph 6(3)(a) and (4) of Schedule 13 as they have effect for the purposes mentioned in paragraph (a) above (and section 46 to the extent that it relates to those provisions for those purposes);

i

Part 3 of Schedule 13 as it has effect for the purposes mentioned in paragraph (f) above (and section 46 to the extent that it relates to that Part for those purposes);

j

Part 5 of Schedule 13 (and section 46 to the extent that it relates to that Part).

4

Different days may be appointed for different purposes.

5

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

6

Regulations under this section are to be made by statutory instrument.

51Short title

This Act may be cited as the Counter-Terrorism and Sentencing Act 2021.