Legislation – Counter-Terrorism and Sentencing Act 2021
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PART 1Sentencing of terrorist and certain other offenders
Offences to be sentenced as terrorist offences
I11Offences aggravated by terrorist connection
1
The Sentencing Code is amended as set out in subsections (2) and (3).
2
In section 69 (offences aggravated by terrorist connection)—
a
in subsection (1), for the words from “specified” to the end substitute “
;
within subsection (4) or (5)
”
b
after subsection (3) insert—
4
An offence is within this subsection if it—
a
was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
b
is punishable on indictment with imprisonment for more than 2 years, and
c
is not specified in Schedule A1.
5
An offence is within this subsection if it—
a
was committed before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
b
is specified in Schedule 1.
6
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 subsections (4) and (5) to have been committed on the last of those days.
3
Before Schedule 1 insert, as Schedule A1, the Schedule set out in Part 1 of Schedule 1 to this Act.
4
The Counter-Terrorism Act 2008 is amended as follows.
5
In section 30 (offences aggravated by terrorist connection: Northern Ireland)—
a
in subsection (1), for the words from “specified” to the end substitute “
;
within subsection (5A) or (5B)
”
b
after subsection (5) insert—
5A
An offence is within this subsection if it—
a
was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
b
is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and
c
is not specified in Schedule 1A.
5B
An offence is within this subsection if it—
a
was committed—
i
on or after 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which extended this section to Northern Ireland, came into force), but
ii
before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
b
is specified in Schedule 2.
5C
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 subsections (5A) and (5B) to have been committed on the last of those days.
c
omit subsection (6).
6
In section 31 (offences aggravated by terrorist connection: Scotland)—
a
in subsection (1), for the words from “specified” to “considered)” substitute “
;
within subsection (4A) or (4B)
”
b
after subsection (4) insert—
4A
An offence is within this subsection if it—
a
was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,
b
is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and
c
is not specified in Schedule 1A.
4B
An offence is within this subsection if it—
a
was committed—
i
on or after the relevant date, but
ii
before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and
b
is specified in Schedule 2.
4C
The relevant date for the purposes of subsection (4B)(a)(i) is—
a
18 June 2009 (being the date on which this section came into force), in relation to any offence that is not mentioned in paragraph (b);
b
12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which amended Schedule 2, came into force) in relation to any of the following offences under the law of Scotland—
i
assault by explosive device;
ii
assault to severe injury;
iii
assault and poisoning;
iv
poisoning.
4D
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 subsections (4A) to (4C) to have been committed on the last of those days.
c
omit subsection (5).
7
After Schedule 1 insert, as Schedule 1A, the Schedule set out in Part 2 of Schedule 1 to this Act.