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

Changes to legislation:

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SCHEDULE 2Serious terrorism offences: England and Wales

Section 2

This is the Schedule to be inserted as Schedule 17A to the Sentencing Code—

SCHEDULE 17ASerious terrorism offences

Section 306

PART 1Terrorism offences

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

a

section 54 (weapons training);

b

section 56 (directing a terrorist organisation);

c

section 59 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.

Terrorism Act 2006

2

An offence under any of the following provisions of the Terrorism Act 2006—

a

section 5 (preparation of terrorist acts);

b

section 6 (training for terrorism);

c

section 9 (making or possession of radioactive device or material);

d

section 10 (misuse of radioactive device or material for terrorist purposes etc);

e

section 11 (terrorist threats relating to radioactive devices etc).

Inchoate offences

3

An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

PART 2Other offences (in case where determination of terrorist connection under section 69 is made)

Common law offences

4

Manslaughter.

5

Kidnapping.

6

False imprisonment.

Offences against the Person Act 1861

7

An offence under any of the following provisions of the Offences against the Person Act 1861—

a

section 4 (soliciting murder);

b

section 18 (wounding with intent to cause grievous bodily harm);

c

section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);

d

section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

e

section 28 (causing bodily injury by explosives);

f

section 29 (using explosives etc with intent to do grievous bodily harm);

g

section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883

8

An offence under any of the following provisions of the Explosive Substances Act 1883—

a

section 2 (causing explosion likely to endanger life or property);

b

section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

c

section 4 (making or possession of explosive under suspicious circumstances);

d

section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Infant Life (Preservation) Act 1929

9

An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Infanticide Act 1938

10

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

11

An offence under any of the following provisions of the Firearms Act 1968—

a

section 16 (possession of firearm with intent to endanger life);

b

section 17(1) (use of firearm to resist arrest);

c

section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

d

section 18 (carrying a firearm with criminal intent).

Theft Act 1968

12

An offence under either of the following provisions of the Theft Act 1968—

a

section 8 (robbery or assault with intent to rob);

b

section 10 (aggravated burglary).

Criminal Damage Act 1971

13

1

An offence of arson under section 1 of the Criminal Damage Act 1971.

2

An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Biological Weapons Act 1974

14

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982

15

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

16

An offence under any of the following provisions of the Aviation Security Act 1982—

a

section 1 (hijacking);

b

section 2 (destroying, damaging or endangering safety of aircraft);

c

section 3 (other acts endangering or likely to endanger safety of aircraft);

d

section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

17

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

a

section 1B (offences relating to damage to the environment);

b

section 2 (preparatory acts and threats).

Criminal Justice Act 1988

18

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

19

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

a

section 1 (endangering safety at aerodromes);

b

section 9 (hijacking of ships);

c

section 10 (seizing or exercising control of fixed platforms);

d

section 11 (destroying ships or fixed platforms or endangering their safety);

e

section 12 (other acts endangering or likely to endanger safe navigation);

f

section 13 (offences involving threats);

g

section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994

20

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996

21

An offence under either of the following provisions of the Chemical Weapons Act 1996—

a

section 2 (use etc of chemical weapons);

b

section 11 (premises or equipment used for producing chemical weapons).

International Criminal Court Act 2001

22

An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Anti-terrorism, Crime and Security Act 2001

23

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

a

section 47 (use etc of nuclear weapons);

b

section 50 (assisting or inducing certain weapons-related acts overseas).

Modern Slavery Act 2015

24

An offence under either of the following provisions of the Modern Slavery Act 2015—

a

section 1 (slavery, servitude and forced or compulsory labour);

b

section 2 (human trafficking).

Inchoate offences

25

An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

26

An inchoate offence in relation to murder.