Legislation – Counter-Terrorism and Sentencing Act 2021

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

50 Commencement

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Counter-Terrorism and Sentencing Act 2021, Section 42.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 3Prevention and investigation of terrorism

Notification requirements under Part 4 of the Counter-Terrorism Act 2008

42Additional offences attracting notification requirements

In section 41(1) of the Counter-Terrorism Act 2008 (terrorism offences that attract notification requirements under Part 4 of that Act), after paragraph (e) insert—

“(f)

an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notice imposing terrorism prevention and investigation measures) dealt with on or after the day on which section 42 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

(g)

an offence under section 10(1) or (3) of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or related obligation) dealt with on or after that day.”