Legislation – Counter-Terrorism and Sentencing Act 2021
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SCHEDULE 13Consequential and related amendments
PART 5Amendments in relation to sentencing under service law
Armed Forces Act 2006 (c. 52)
41
1
The Armed Forces Act 2006 is amended as follows.
2
In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after “209” insert “
.
or 224B
”
3
In section 209 (sentence of detention for offender aged under 18), after subsection (7) insert—
8
This section does not apply if the Court Martial is required to impose a sentence of detention under section 224B.
4
In section 210 (place and conditions of youth detention), after “209”, in each place it occurs (including in the heading), insert “
.
or 224B
”
5
In section 211(4) (cases in which detention and training order not required), after “221A” insert “
.
, 224B
”
6
In section 213(3A) (as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after “209” insert “
.
or 224B
”
7
In section 219A(1) (availability of extended sentence for certain violent, sexual or terrorism offences), after paragraph (d) (but before the final “and”) insert—
da
the court is not required—
i
by section 268B(2) of the Sentencing Code (as applied by section 219ZA(4) of this Act) to impose a serious terrorism sentence of detention in a young offender institution for the offence or for an offence associated with it;
ii
by section 282B(2) of the Sentencing Code (as applied by section 219ZA(7) of this Act) to impose a serious terrorism sentence of imprisonment for the offence or for an offence associated with it;
8
In section 223 (meaning of “the required opinion”)—
a
after subsection (1) insert—
1A
“The required opinion” for the purposes of section 219ZA is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—
a
further serious terrorism offences or other specified offences; or
b
further acts or omissions that would be serious terrorism offences or other specified offences if committed in England or Wales.
b
in subsection (4), after the definition of “serious harm” insert—
“serious terrorism offence” has the meaning given by that section;
9
In section 224A (special custodial sentence for offenders of particular concern)—
a
in subsection (1), in paragraph (d)—
i
omit the “or” at the end of sub-paragraph (i);
ii
after sub-paragraph (ii) insert
, or
iii
a serious terrorism sentence of detention or imprisonment under section 268A or 282A of the Sentencing Code (as applied by section 219ZA of this Act).
b
after subsection (3) insert—
3A
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.
10
In section 227(3) (minimum sentence for certain firearms offences), for the words from “, the reference” to the end substitute
—
a
the reference to a sentence of detention under section 250 of that Code is to be read as a reference to a sentence of detention under section 209 of this Act, and
b
the reference to a sentence of detention under section 252A of that Code is to be read as a reference to a sentence of detention under section 224B of this Act.
11
In section 238(6) (offences aggravated by terrorist connection)—
a
omit the “and” at the end of paragraph (a);
b
after paragraph (a) insert—
aa
the reference in subsection (4)(c) to an offence not specified in Schedule A1 includes a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is not specified in Schedule A1, and
c
in paragraph (b), for “(1)” substitute “
.
(5)(b)
”
12
In section 246 (crediting of time in custody), in subsection (6)(a), after “209” insert “
.
or 224B
”
13
In section 256(1)(c) (cases where pre-sentence report to be considered), after “219(1),” insert “
.
219ZA(1)(d),
”
14
In section 260 (discretionary custodial sentences: general restrictions) —
a
in subsection (1)—
i
for “This section applies” substitute “
;
Subsection (2) applies
”
ii
after paragraph (c) insert—
ca
falls to be imposed under section 268A or 282A of the Sentencing Code as a result of section 219ZA (serious terrorism sentences);
b
in subsection (4B), before paragraph (a) insert—
za
section 268C(2) or 282C(2) of the Sentencing Code, as applied by section 219ZA of this Act (serious terrorism sentences for offenders aged 18 or over),
15
In section 261 (length of discretionary custodial sentences: general), in subsection (1), after paragraph (b)—
ba
section 268A or 282A of the Sentencing Code as a result of section 219ZA (serious terrorism sentences),
16
In section 262A (application of section 329 of the Sentencing Code)—
a
after subsection (2) insert—
2A
In subsection (4A)—
a
paragraph (a) has effect as if, for “252A”, there were substituted
“;
224B of the Armed Forces Act 2006
”b
paragraph (b) has effect as if, after “265”, there were inserted
“;
passed as a result of section 224A of the Armed Forces Act 2006
”c
the words after paragraph (b) have effect as if, after “278”, there were inserted
“.
passed as a result of section 224A of the Armed Forces Act 2006
”
b
after subsection (3) insert—
3A
Subsection (5A) has effect as if, at the end, there were inserted “passed as a result of section 219ZA(7) of the Armed Forces Act 2006.
c
in subsection (4)—
i
after the paragraph (a) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—
aa
a sentence of detention under section 224B of that Act;
ii
after the paragraph (d) treated as substituted in subsection (7) of section 329 of the Sentencing Code insert—
da
a serious terrorism sentence of detention in a young offender institution (see section 219ZA(4) of the Armed Forces Act 2006);
17
In section 374 (interpretation of Act), in the definition of “custodial sentence”, in paragraph (b), for “or 221A” substitute “
.
, 221A or 224B
”