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Schedules

Schedule 2Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision

Sections 8(12) and 9(6)

Part 1Scotland

Rehabilitation of Offenders Act 1974

1

In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (disclosure periods for particular sentences), for “(terrorism sentence for young offenders or children)” substitute “(sentence with fixed licence period for young offenders or children)”.

Prisons (Scotland) Act 1989

2

In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the management of prisons and other institutions), after “terrorism” insert “or national security-related”.

Prisoners and Criminal Proceedings (Scotland) Act 1993

3 (1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2)

In section 1(9) (release of short-term, long-term and life prisoners)—

(a)

the words from “in respect of an offence” to the end of the subsection become paragraph (a);

(b)

at the end of that paragraph insert “, or

(b)

under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”

(3)

In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—

(a)

in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;

(b)

after subsection (2A) insert—

“(2B)

This section also applies to a prisoner other than a life prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c)

in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;

(d)

in subsections (4) and (5), omit “terrorist”.

(4)

In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—

(a)

in the heading, after “terrorism” insert “or national security-related”;

(b)

in subsection (1), for paragraph (b) (but not the “and” at the end of that paragraph) substitute—

“(b)

one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—

(i)

in respect of an offence within section 1AB(2), or

(ii)

under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security),”;

(c)

in subsection (2)—

(i)

after “terrorism”, in both places it occurs, insert “or national security-related”;

(ii)

for “imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”),” substitute “that is not a terrorism or national security-related sentence,”;

(iii)

for “the non-terrorism” substitute “that other”;

(d)

in subsection (3)—

(i)

after “terrorism” insert “or national security-related”;

(ii)

for “non-terrorism” substitute “other”;

(e)

in subsections (4) to (7), (9), (10) and (13)—

(i)

after “terrorism”, in each place it occurs, insert “or national security-related”;

(ii)

for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.

(5)

In section 2 (duty to release discretionary life prisoners)—

(a)

in subsection (6), after “(6B)” insert “, (6C)”;

(b)

after subsection (6B) insert—

“(6C)

No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;

(c)

in subsection (7), after “(6B)” insert “or (6C)”.

(6)

In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—

(a)

in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;

(b)

in subsection (1ZA)(b), omit “terrorism”.

(7)

In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—

(a)

after paragraph (c) insert—

“(ca)

serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;

(b)

in paragraph (d), after “terrorism” insert “or national security-related”.

(8)

In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.

(9)

In section 26ZA (terrorism sentences)—

(a)

in the heading, after “terrorism” insert “and national security-related”;

(b)

for subsection (1) substitute—

“(1)

This section applies to a person (“the prisoner”) who—

(a)

is not a life prisoner, and

(b)

is serving a terrorism or national security-related sentence.”;

(c)

in subsection (2)—

(i)

in the words before paragraph (a), after “terrorism” insert “or national security-related”;

(ii)

in paragraph (b), omit “terrorism”;

(d)

in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;

(e)

in subsections (4) and (5), for “a terrorist” substitute “the”;

(f)

in subsection (7)—

(i)

for “a terrorist” substitute “the”;

(ii)

after “terrorism” insert “or national security-related”;

(g)

in subsection (8)(b), omit “terrorism”;

(h)

in subsection (9)—

(i)

for “a terrorist” substitute “the”;

(ii)

after “terrorism” insert “or national security-related”;

(i)

in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;

(j)

in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—

(i)

after “terrorism” insert “or national security-related”;

(ii)

omit “terrorist”;

(k)

in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.

(10)

In section 27 (interpretation of Part 1)—

(a)

in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;

(b)

after subsection (5A), insert—

“(5AA)

Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c)

in subsection (5B)—

(i)

for “an offence within section 1AB(2)”, in the first place it appears, substitute “a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence”;

(ii)

after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.

Repatriation of Prisoners Act 1984

4 (1)

In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to Scotland is amended as follows.

(2)

After sub-paragraph (3D) insert—

“(3E)

If sub-paragraph (3F), (3G) or (3H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).

(3F)

This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11, or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11, of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023).

(3G)

This sub-paragraph applies if the warrant specifies that—

(a)

the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),

(b)

the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,

(c)

the corresponding offence—

(i)

is a “relevant electoral offence” within the meaning of that section, and

(ii)

is punishable on indictment with imprisonment for more than 2 years, and

(d)

findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(3H)

This sub-paragraph applies if the warrant specifies that—

(a)

the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),

(b)

the overseas offence was committed on or after the day on which section 21 of the National Security Act 2023 came into force,

(c)

the corresponding offence—

(i)

is not an offence mentioned in subsection (6) of that section, and

(ii)

is punishable on indictment with imprisonment for more than 2 years, and

(d)

findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(3I)

The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H).”

(3)

In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.

Part 2Northern Ireland

Criminal Justice (Northern Ireland) Order 2008

5 (1)

The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows.

(2)

In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”.

(3)

In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

(4)

In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”.

(5)

In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”.

(6)

In Article 20A (restricted eligibility for release on licence of terrorist prisoners)—

(a)

in the heading, after “prisoners” insert “and other prisoners serving an Article 15A sentence”;

(b)

after paragraph (2A) insert—

“(2AB)

This Article also applies to a fixed-term prisoner who is serving an Article 15A sentence imposed in respect of an offence which is specified in Schedule 2B (offences involving or connected with a threat to national security).”;

(c)

in paragraphs (3), (4), (5) and (7) omit “terrorist”;

(d)

in paragraph (8)—

(i)

omit “terrorist” in both places it occurs;

(ii)

for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

(e)

in paragraph (9)—

(i)

in the definition of “appropriate custodial term”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

(ii)

in the definition of “relevant part of the sentence”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

(7)

In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

Repatriation of Prisoners Act 1984

6

In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4D) insert—

“(4E)

If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if the prisoner were serving a sentence imposed under Article 15A of the Order in respect of an offence specified in Schedule 2B to the Order (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).

(4F)

This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 1 to 3, or paragraph 5 in a case where the ancillary offence relates to an offence specified in any of paragraphs 1 to 3, of Schedule 2B to the Criminal Justice (Northern Ireland) Order 2008 (certain offences under the Official Secrets Acts or the National Security Act 2023).

(4G)

This sub-paragraph applies if the warrant specifies that—

(a)

the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),

(b)

the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,

(c)

the corresponding offence—

(i)

is a “relevant electoral offence” within the meaning of that section, and

(ii)

is punishable on indictment with imprisonment for more than 2 years, and

(d)

findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(4H)

This sub-paragraph applies if the warrant specifies that—

(a)

the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),

(b)

the overseas offence was committed on or after the day on which section 20 of the National Security Act 2023 came into force,

(c)

the corresponding offence—

(i)

is not an offence mentioned in subsection (2) of that section, and

(ii)

is punishable on indictment with imprisonment for more than 2 years, and

(d)

findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(4I)

The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).”