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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PART 5Amendments in relation to sentencing under service law

Sentencing Act 2020 (c. 17)

43

1

The Sentencing Act 2020 is amended as follows.

2

In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert
or 224B
.

3

In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert
or 224B
.

4

In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert
or 224B
.

5

In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution), after subsection (2) insert—

2A

Paragraphs 13A, 20A and 24A (and paragraph 1 so far as it relates to them) also come into force at that time.

6

In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph 45(5).

7

In Schedule 26 (further amendments of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution)—

a

after paragraph 13 insert—

13A

In section 219ZA (serious terrorism sentence for offenders aged 18 or over)—

a

in subsection (1)(e), omit “a sentence of custody for life or (as the case may be)”;

b

omit subsections (4) to (6);

c

in subsection (7), omit “Where the offender is aged 21 or over when convicted of the serious terrorism offence,”.

b

in paragraph 14 (amendments of section 219A of the 2006 Act), for sub-paragraph (a) substitute—

a

in subsection (1)—

i

in paragraph (d), omit sub-paragraphs (i) and (iii);

ii

in paragraph (da), omit sub-paragraph (i);

c

in paragraph 15(a) (amendments of section 224A of the 2006 Act), after paragraph (ii) insert—

iii

in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute
imprisonment under section 282A
;

d

in paragraph 18 (amendment of section 239 of the 2006 Act), after “pleas)” insert

a

in subsection (3A), omit—

i

“(4) or”;

ii

“268A or”;

b

in subsection (3B), omit “268C(2) or, as the case may be,”;

c

e

in paragraph 19 (amendments of section 260 of the 2006 Act)—

i

in sub-paragraph (a), after paragraph (ii) insert—

iia

in paragraph (ca), omit “268A or”;

ii

for sub-paragraph (b) substitute—

b

in subsection (4B)—

i

in paragraph (za), omit “268C(2) or”;

ii

in paragraph (a), omit “268(2) or”.

f

in paragraph 20 (amendments of section 261 of the 2006 Act), at the end insert—

c

in paragraph (ba), omit “268A or”.

g

after paragraph 20 insert—

20A

In section 261A(3) (life sentences: further provision)—

a

in paragraph (b), omit “268B(2) or”;

b

in paragraph (c)(i), omit “268B(2) or”.

h

in paragraph 21 (amendments of section 262A of the 2006 Act), for the words from “, in subsection (4)” to the end substitute—

a

in subsection (2A), omit paragraph (b);

b

omit subsection (3A);

c

in subsection (4), omit paragraphs (d), (da), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

i

after paragraph 24 insert—

24A

In section 304C (to be inserted by the Armed Forces Act 2016: reduction in sentence), in subsection (5A)—

a

omit “268C(2) or”;

b

for “section 219ZA(5) to (8)” substitute
section 219ZA(8)
.

8

In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from “, the reference” to the end substitute

a

the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;

b

the reference in section 224B(1)(c)(ii) to an extended sentence of detention under section 254 of the Sentencing Code includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003.