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.