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

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Counter-Terrorism and Sentencing Act 2021
PART 1Sentencing of terrorist and certain other offenders
Offences to be sentenced as terrorist offences
1Offences aggravated by terrorist connection
2Meaning of “serious terrorism offence”: England and Wales
3Offences relevant for provisions of this Act relating to Northern Ireland
Serious terrorism sentences
4Serious terrorism sentence for adults aged under 21: England and Wales
5Serious terrorism sentence for adults aged 21 or over: England and Wales
6Serious terrorism sentence: Scotland
7Serious terrorism sentence: Northern Ireland
Serious terrorism sentences: supplementary provision
8Reduction in appropriate custodial term for guilty pleas: England and Wales
9Reduction in appropriate custodial term for guilty pleas: Scotland
10Reduction in appropriate custodial term for assistance to prosecution: England and Wales
Life or indeterminate sentences for serious terrorism offences
11Minimum term order for serious terrorism offenders: England and Wales
12Minimum punishment part for serious terrorism offenders: Scotland
13Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland
14Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland
Extended sentences
15Additional offences attracting extended sentence: England and Wales
16Increase in extension period for serious terrorism offenders aged under 18: England and Wales
17Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales
18Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales
19Additional terrorism offences attracting extended sentence: Scotland
20Extended custodial sentences for serious terrorism offenders: Northern Ireland
Other custodial sentences for terrorist offenders
21Offences attracting special custodial sentence for offenders of particular concern: England and Wales
22Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
23Terrorism sentence with fixed licence period: Scotland
24Terrorism sentence with fixed licence period: Northern Ireland
Sentencing for service offences
25Corresponding provision under service law
Maximum sentences
26Increase in maximum sentences for certain terrorist offences
PART 2Release of terrorist offenders
Removal or restriction of early release for terrorist prisoners
27Removal of early release for dangerous terrorist prisoners: England and Wales
28Removal of early release for dangerous terrorist prisoners: Scotland
29Further provision about release of terrorist prisoners: Scotland
30Restricted eligibility for early release of terrorist prisoners: Northern Ireland
31Removal of early release for dangerous terrorist prisoners: Northern Ireland
Polygraph conditions in licences for release
32Polygraph licence conditions for terrorist offenders: England and Wales
Repatriated terrorist prisoners
33Release on licence of terrorist prisoners repatriated to the United Kingdom
PART 3Prevention and investigation of terrorism
Terrorism prevention and investigation measures
34TPIMs: condition as to involvement in terrorism-related activity
35TPIMs: extension of time limit
36TPIMs: variation of measures
37TPIMs: extension of residence measure
38TPIMs: polygraph measure
39TPIMs: drug testing measure
40TPIMs: provision of information
41TPIMs: annual review
Notification requirements under Part 4 of the Counter-Terrorism Act 2008
42Additional offences attracting notification requirements
Serious crime prevention orders
43Police powers to apply for serious crime prevention orders in terrorism cases
44Serious crime prevention orders: review of operation of police powers

“Prevent” strategy
45Persons vulnerable to being drawn into terrorism: timing of independent review
PART 4General
46Consequential and related amendments
47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
48Power to make further consequential provision
49Extent
50Commencement
51Short title
SCHEDULES
SCHEDULE 1Offences where terrorist connection not required to be considered
PART 1England and Wales; service offences
This is the Schedule to be inserted as Schedule A1…
PART 2Scotland and Northern Ireland
This is the Schedule to be inserted as Schedule 1A…
SCHEDULE 2Serious terrorism offences: England and Wales
This is the Schedule to be inserted as Schedule 17A…
SCHEDULE 3Offences for the purposes of this Act: Northern Ireland
This is the Schedule to be inserted as Schedule 2A…
SCHEDULE 4Serious terrorism offences: Scotland
This is the Schedule to be inserted as Schedule 5ZA…
SCHEDULE 5Terrorism offences attracting extended sentence: Scotland
This is the Schedule to be inserted as Schedule 5ZC…
SCHEDULE 6Offences attracting special custodial sentence for offenders of particular concern: England and Wales
This is the Schedule to be substituted for Schedule 13…
SCHEDULE 7Offences attracting terrorism sentence with fixed licence period: Scotland
This is the Schedule to be inserted as Schedule 5ZB…
SCHEDULE 8Corresponding provision about sentencing under service law
PART 1Serious terrorism sentences etc
1The Armed Forces Act 2006 is amended as follows.
Serious terrorism sentence for services offences
2After section 219 insert— Serious terrorism sentence: offenders aged 18…
Reduction in appropriate custodial term for guilty plea
3In section 239 (reduction in sentence for guilty plea), after…
Minimum term orders for serious terrorism offenders in cases of service offences
4In section 261A (life sentences: further provision), in subsection (3)—…
Reduction in appropriate custodial term for assistance to prosecution
5In section 304C (to be inserted by the Armed Forces…
PART 2Offences attracting special custodial sentence
6In section 224A of the Armed Forces Act 2006 (special…
PART 3Special custodial sentence for terrorist offenders of particular concern aged under 18 at time of offence
7The Armed Forces Act 2006 is amended as follows.
8(1) Section 224A (special custodial sentence for offenders of particular…
9After section 224A insert— Special sentence of detention for terrorist…
SCHEDULE 9Offences carrying restricted eligibility of terrorist prisoners for release on licence: England and Wales
This is the Schedule to be substituted for Schedule 19ZA…
SCHEDULE 10Offences carrying restricted eligibility of terrorist prisoners for release on licence: Scotland
This is the Schedule to be substituted for Schedule 1A…
SCHEDULE 11Release on licence of repatriated terrorist prisoners
1The Schedule to the Repatriation of Prisoners Act 1984 is…
2In paragraph 2 (application of early release provisions), as it…
3(1) Paragraph 2 (application of early release provisions), as it…
4(1) Paragraph 2 (application of early release provisions), as it…
5In paragraph 2A (application of early release provisions to prisoners…
SCHEDULE 12Serious crime prevention orders: power for police to apply in terrorism-related cases
1The Serious Crime Act 2007 is amended as follows.
2(1) Section 8 (authorities that can apply for a serious…
3After section 8 insert— Serious crime prevention orders that are…
4(1) Section 10(4) (definition of “relevant applicant authority”) is amended…
5(1) Section 17 (variation of orders) is amended as follows….
6(1) Section 18 (discharge of orders) is amended as follows….
7(1) Section 27 (powers to wind up companies etc: England…
8(1) Section 27A (powers to wind up companies etc: Scotland)…
9(1) Section 28 (powers to wind up companies etc: Northern…
10In section 43 (index of defined expressions for Part 1),…
11(1) Schedule 2 (functions of applicant authorities under Part 1)…
SCHEDULE 13Consequential and related amendments
PART 1Offences aggravated by terrorist connection
Terrorism Act 2000 (c. 11)
1(1) The Terrorism Act 2000 is amended as follows.
Counter-Terrorism Act 2008 (c. 28)
2(1) The Counter-Terrorism Act 2008 is amended as follows.
Counter-Terrorism and Security Act 2015 (c. 6)
3In section 44(2)(e) of the Counter-Terrorism and Security Act 2015…
Space Industry Act 2018 (c. 5)
4Paragraph 29 of Schedule 12 to the Space Industry Act…
Counter-Terrorism and Border Security Act 2019 (c. 3)
5In section 25(2) of the Counter-Terrorism and Border Security Act…
Sentencing Act 2020 (c. 17)
6(1) The Sentencing Act 2020 is amended as follows.
PART 2Serious terrorism sentence: England and Wales
Criminal Justice Act 1982 (c. 48)
7In section 32 of the Criminal Justice Act 1982 (early…
Mental Health Act 1983 (c. 20)
8In section 37 of the Mental Health Act 1983 (power…
Criminal Justice Act 2003 (c. 44)
9(1) The Criminal Justice Act 2003 is amended as follows….
Offender Management Act 2007 (c. 21)
10In section 28(3) of the Offender Management Act 2007 (custodial…
Sentencing Act 2020 (c. 17)
11(1) The Sentencing Act 2020 is amended as follows.
PART 3Offences attracting special custodial sentence: England and Wales
Sentencing Act 2020 (c. 17)
12(1) In section 398 of the Sentencing Act 2020 (ancillary…
PART 4Sentence for offenders of particular concern aged under 18 at time of offence: England and Wales
Rehabilitation of Offenders Act 1974 (c. 53)
13In section 5 of the Rehabilitation of Offenders Act 1974…
Magistrates’ Courts Act 1980 (c. 43)
14(1) The Magistrates’ Courts Act 1980 is amended as follows….
Mental Health Act 1983 (c. 20)
15In section 43(4) of the Mental Health Act 1983 (modification…
Criminal Justice and Public Order Act 1994 (c. 33)
16In section 25(5) of the Criminal Justice and Public Order…
Crime and Disorder Act 1998 (c. 37)
17(1) The Crime and Disorder Act 1998 is amended as…
Criminal Justice and Court Services Act 2000 (c. 43)
18(1) The Criminal Justice and Court Services Act 2000 is…
Proceeds of Crime Act 2002 (c. 29)
19In section 70(5) of the Proceeds of Crime Act 2002…
Sexual Offences Act 2003 (c. 42)
20In section 131 of the Sexual Offences Act 2003 (application…
Criminal Justice Act 2003 (c. 44)
21(1) The Criminal Justice Act 2003 is amended as follows….
Domestic Violence, Crime and Victims Act 2004 (c. 28)
22In section 45(1) of the Domestic Violence, Crime and Victims…
Armed Forces Act 2006 (c. 52)
23(1) The Armed Forces Act 2006 is amended as follows….
Offender Management Act 2007 (c. 21)
24In section 28(3) of the Offender Management Act 2007 (custodial…
Counter-Terrorism Act 2008 (c. 28)
25In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences attracting…
Sentencing Act 2020 (c. 17)
26(1) The Sentencing Act 2020 is amended as follows.
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
27In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991…
Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
28In article 4(2) of the Youth Justice Board for England…
Child Benefit (General) Regulations 2006 (S.I. 2006/223)
29In regulation 1(3) of the Child Benefit (General) Regulations 2006…
Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
30In regulation 160(5) of the Employment and Support Allowance Regulations…
Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
31In regulation 96(6) of the Employment and Support Allowance Regulations…
Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W. 298))
32In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations…
PART 5Amendments in relation to sentencing under service law
Rehabilitation of Offenders Act 1974 (c. 53)
33In section 5 of the Rehabilitation of Offenders Act 1974…
34(1) The Rehabilitation of Offenders Act 1974 as it forms…
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
35In Article 6 of the Rehabilitation of Offenders (Northern Ireland)…
Criminal Justice Act 1982 (c. 48)
36In section 32(1A) of the Criminal Justice Act 1982 (sentences…
Crime and Disorder Act 1998 (c. 37)
37(1) The Crime and Disorder Act 1998 is amended as…
Criminal Justice and Court Services Act 2000 (c. 43)
38(1) The Criminal Justice and Court Services Act 2000 is…
Sexual Offences Act 2003 (c. 42)
39In section 131 of the Sexual Offences Act 2003 (application…
Criminal Justice Act 2003 (c. 44)
40In section 237(1B) of the Criminal Justice Act 2003 (service…
Armed Forces Act 2006 (c. 52)
41(1) The Armed Forces Act 2006 is amended as follows….
Counter-Terrorism Act 2008 (c. 28)
42In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act…
Sentencing Act 2020 (c. 17)
43(1) The Sentencing Act 2020 is amended as follows.
PART 6Amendments in relation to release: England and Wales
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
44In section 106A(6) of the Powers of Criminal Courts (Sentencing)…
Criminal Justice Act 2003 (c. 44)
45(1) The Criminal Justice Act 2003 is amended as follows….
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
46In section 128 of the Legal Aid, Sentencing and Punishment…
PART 7Consequential and related amendments: Scotland
Social Work (Scotland) Act 1968 (c. 49)
47In section 6A(1)(d) of the Social Work (Scotland) Act 1968…
Rehabilitation of Offenders Act 1974 (c. 53)
48In section 5 of the Rehabilitation of Offenders Act 1974…
49In section 5 of the Rehabilitation of Offenders Act 1974…
Repatriation of Prisoners Act 1984 (c. 47)
50In section 2(4)(b)(ii) of the Repatriation of Prisoners Act 1984…
Prisons (Scotland) Act 1989 (c. 45)
51(1) The Prisons (Scotland) Act 1989 is amended as follows….
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
52(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is…
Criminal Procedure (Scotland Act) 1995 (c. 46)
53(1) The Criminal Procedure (Scotland) Act 1995 is amended as…
Crime (Sentences) Act 1997 (c. 43)
54In Schedule 1 to the Crime (Sentences) Act 1997 (transfer…
International Criminal Court (Scotland) Act 2001 (asp 13)
55In section 24(c) of the International Criminal Court (Scotland) Act…
Extradition Act 2003 (c. 41)
56In each of the following provisions of the Extradition Act…
Sexual Offences Act 2003 (c. 42)
57In section 131 of the Sexual Offences Act 2003 (application…
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
58In Schedule 6 to the Custodial Sentences and Weapons (Scotland)…
Counter-Terrorism Act 2008 (c. 28)
59In section 45(2) of the Counter-Terrorism Act 2008 (Scottish sentences…
Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)
60In section 4 of the Terrorist Offenders (Restriction of Early…
PART 8Serious terrorism sentence and extended custodial sentence: Northern Ireland
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
61In section 26(2) of the Treatment of Offenders Act (Northern…
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
62In Article 6 of the Rehabilitation of Offenders (Northern Ireland)…
Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))
63In Article 44(1A) of the Mental Health (Northern Ireland) Order…
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
64(1) The Criminal Justice (Northern Ireland) Order 1996 is amended…
Counter-Terrorism Act 2008 (c. 28)
65In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish…
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
66(1) The Criminal Justice (Northern Ireland) Order 2008 is amended…
PART 9Terrorism sentence with fixed licence period: Northern Ireland
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
67In section 26(2) of the Treatment of Offenders Act (Northern…
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
68In Article 6 of the Rehabilitation of Offenders (Northern Ireland)…
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
69(1) The Criminal Justice (Northern Ireland) Order 1996 is amended…
Sexual Offences Act 2003 (c. 42)
70In section 131 of the Sexual Offences Act 2003 (application…
Counter-Terrorism Act 2008 (c. 28)
71In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish…
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
72(1) The Criminal Justice (Northern Ireland) Order 2008 is amended…
PART 10Release on licence: Northern Ireland
Extradition Act 2003 (c. 41)
73In each of the following provisions of the Extradition Act…
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
74(1) The Criminal Justice (Northern Ireland) Order 2008 is amended…
Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))
75(1) In section 55(2) of the Justice Act (Northern Ireland)…
Parole Commissioners’ Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)
76(1) The Parole Commissioners’ Rules (Northern Ireland) 2009 are amended…

Counter-Terrorism and Sentencing Act 2021

2021 c. 11

An Act to make provision about the sentencing of offenders convicted of terrorism offences, of offences with a terrorist connection or of certain other offences; to make other provision in relation to terrorism; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—