Legislation – Counter-Terrorism and Sentencing Act 2021

“8ASerious crime prevention orders that are terrorism-related

(1)

For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3).

(2)

The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime.

(3)

A trigger offence is within this subsection if—

(a)

it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1;

(b)

it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1;

(c)

if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or

(d)

in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence—

(i)

is, or takes place in the course of, an act of terrorism; or

(ii)

is committed for the purposes of terrorism.

(4)

Subsection (5) applies where—

(a)

the court is considering whether a trigger offence is within subsection (3)(d);

(b)

the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and

(c)

at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection.

(5)

The court—

(a)

must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and

(b)

must not otherwise decide that the trigger offence is within subsection (3)(d).

(6)

For the purposes of this section, an offence was determined to have a terrorist connection if —

(a)

it was determined to have a terrorist connection under—

(i)

section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or

(ii)

section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or

(b)

it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland);

(and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly).

(7)

In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).”