Legislation – Counter-Terrorism and Sentencing Act 2021
PART 1Sentencing of terrorist and certain other offenders
Life or indeterminate sentences for serious terrorism offences
11Minimum term order for serious terrorism offenders: England and Wales
In section 323 of the Sentencing Code (minimum term order: other life sentences), after subsection (2) insert—
3
4
A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).
5
The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—
a
relate to the offence or to the offender, and
b
justify a lesser period.
6
The minimum term may be less than 14 years if the court considers it appropriate, taking into account—
a
the matters mentioned in subsection (2)(c), and
b
the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence—
i
section 73 (reductions for guilty pleas), and
ii
section 74 (reductions for assistance to the prosecution).