(i) an offence or contempt of court has been, or may have
been, committed by or in relation to a juror in
connection with those proceedings, or

(ii) conduct of a juror in connection with those proceedings
5may provide grounds for an appeal against conviction
or sentence.

(2) Those persons are—

(a) a member of a police force;

(b) a judge of the Court of Appeal;

(c) 10the registrar of criminal appeals;

(d) a judge of the court where the proceedings mentioned in section
20D(1) took place;

(e) a member of staff of that court who would reasonably be
expected to disclose the information only to a person mentioned
15in paragraphs (b) to (d).

(3) It is not an offence under section 20D for a member of a police force to
disclose information for the purposes of obtaining assistance in
deciding whether to submit the information to a judge of the Court of
Appeal or the registrar of criminal appeals, provided that the
20disclosure does not involve publishing the information.

(4) It is not an offence under section 20D for a judge of the Court of Appeal
or the registrar of criminal appeals to disclose information for the
purposes of an investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been committed by
25or in relation to a juror in connection with the proceedings
mentioned in section 20D(1), or

(b) whether conduct of a juror in connection with those
proceedings may provide grounds for an appeal against
conviction or sentence.

(5) 30It is not an offence under section 20D for a judge of the Court of Appeal
or the registrar of criminal appeals to disclose information for the
purposes of enabling or assisting—

(a) a person who was the defendant in the proceedings mentioned
in section 20D(1), or

(b) 35a legal representative of such a person,

to consider whether conduct of a juror in connection with those
proceedings may provide grounds for an appeal against conviction or
sentence.

(6) It is not an offence under section 20D for a person who reasonably
40believes that a disclosure described in subsection (4) or (5) has been
made to disclose information for the purposes of the investigation or
consideration in question.

(7) It is not an offence under section 20D for a person to disclose
information in evidence in—

(a) 45proceedings for an offence or contempt of court alleged to have
been committed by or in relation to a juror in connection with
the proceedings mentioned in section 20D(1),

(b) proceedings on an appeal, or an application for leave to appeal,
against a decision in the proceedings mentioned in section

20D(1) where an allegation relating to conduct of or in relation
to a juror forms part of the grounds of appeal, or

(c) proceedings on any further appeal or reference arising out of
proceedings mentioned in paragraph (a) or (b).

(8) 5It is not an offence under section 20D for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in subsection (7)(a) to (c).

(9) It is not an offence under section 20D to publish information disclosed
as described in subsection (7).

(10) 10In this section—

• “publish” means make available to the public or a section of the
  public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  15the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  any other person or class of person specified by the Lord
  Chancellor for the purposes of this section by
  20regulations made by statutory instrument.

(11) The Lord Chancellor must obtain the consent of the Lord Chief Justice
before making regulations under this section.

(12) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
25Parliament.

20G Offence of disclosing jury’s deliberations: exceptions for soliciting
disclosures or obtaining information

(1) It is not an offence under section 20D to solicit a disclosure described in
section 20E(1) to (4) or section 20F(1) to (9).

(2) 30It is not an offence under section 20D to obtain information—

(a) by means of a disclosure described in section 20E(1) to (4) or
section 20F(1) to (9), or

(b) from a document that is available to the public or a section of the
public.”

(2) 35In the Contempt of Court Act 1981, as it extends to England and Wales, section
8 (confidentiality of jury’s deliberations) is repealed.

(3) In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the
beginning insert “In Scotland and Northern Ireland,”.

(4) In the heading of that section, at the end insert “: Scotland and Northern
40Ireland”.

48 Juries at inquests

Schedule 7 makes provision about juries at inquests and their deliberations.

49 Members of the Court Martial

Schedule 8 makes provision about members of the Court Martial and their
deliberations.

50 Supplementary provision

(1) 5In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after
paragraph 6 insert—

“6A A person who at any time in the last ten years has been convicted
of—

(a) an offence under section 20A, 20B, 20C or 20D of this Act,

(b) 10an offence under paragraph 5A, 5B, 5C or 5D of Schedule 6 to
the Coroners and Justice Act 2009 (equivalent offences
relating to jurors at inquests), or

(c) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A to the
Armed Forces Act 2006 (equivalent offences relating to
15members of the Court Martial).”

(2) In section 22 of the Juries Act 1974 (consequential amendments, savings and
repeals), at the beginning insert—

“(A1) Nothing in section 20A, 20B or 20C affects what constitutes contempt of
court at common law.”

20Other matters

51 Minor amendments

(1) In section 132(4A) of the Powers of Criminal Courts (Sentencing) Act 2000
(compensation orders: appeals etc), for “House of Lords” substitute “the
Supreme Court”.

(2) 25In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules
of court about when the Court of Session may grant permission to appeal
against a decision of the Upper Tribunal), after “principle” insert “or practice”.

Part 4 Judicial review

30Judicial review in the High Court and Upper Tribunal

52 Likelihood of substantially different outcome for applicant

(1) In section 31 of the Senior Courts Act 1981 (applications for judicial review),
after subsection (2) insert—

“(2A) The High Court—

(a) 35must refuse to grant relief on an application for judicial review,
and

(b) may not make an award under subsection (4) on such an
application,

if it appears to the court to be highly likely that the outcome for the
applicant would not have been substantially different if the conduct
complained of had not occurred.”

(2) In that section, before subsection (4) insert—

“(3B) 5When considering whether to grant leave to make an application for
judicial review, the High Court—

(a) may of its own motion consider whether the outcome for the
applicant would have been substantially different if the conduct
complained of had not occurred, and

(b) 10must consider that question if the defendant asks it to do so.

(3C) If, on considering that question, it appears to the High Court to be
highly likely that the outcome for the applicant would not have been
substantially different, the court must refuse to grant leave.”

(3) In that section, after subsection (7) insert—

“(8) 15In this section “the conduct complained of”, in relation to an application
for judicial review, means the conduct (or alleged conduct) of the
defendant that the applicant claims justifies the High Court in granting
relief.”

(4) In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper
20Tribunal’s “judicial review” jurisdiction), after subsection (5) insert—

“(5A) In cases arising under the law of England and Wales, section 31(2A) of
the Senior Courts Act 1981 applies to the Upper Tribunal when
deciding whether to grant relief under subsection (1) as it applies to the
High Court when deciding whether to grant relief on an application for
25judicial review.”

(5) In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application
for relief under section 15(1)), before subsection (4) insert—

“(3B) In cases arising under the law of England and Wales, when considering
whether to grant permission to make the application, the tribunal—

(a) 30may of its own initiative consider whether the outcome for the
applicant would have been substantially different if the conduct
complained of had not occurred, and

(b) must consider that question if the respondent asks it to do so.

(3C) In subsection (3B) “the conduct complained of” means the conduct (or
35alleged conduct) of the respondent that the applicant claims justifies
the tribunal in granting relief.

(3D) If, on considering the question mentioned in subsection (3B)(a) and (b),
it appears to the tribunal to be highly likely that the outcome for the
applicant would not have been substantially different, the tribunal
40must refuse to grant permission.”

(6) In that section, after subsection (6) insert—

“(6A) In cases arising under the law of England and Wales, section 31(2A) of
the Senior Courts Act 1981 applies to the Upper Tribunal as regards the
making of an award under subsection (6) as it applies to the High Court
45as regards the making of an award under section 31(4) of the Senior
Courts Act 1981.”

53 Provision of information about financial resources

(1) In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply
for judicial review)—

(a) after “unless” insert “—

“(a)”, and

(b) at the end insert “, and

(b) the applicant has provided the court with any
information about the financing of the application that is
specified in rules of court for the purposes of this
10paragraph.”

(2) In that section, after subsection (3) insert—

“(3A) The information that may be specified for the purposes of subsection
(3)(b) includes—

(a) information about the source, nature and extent of financial
15resources available, or likely to be available, to the applicant to
meet liabilities arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate
that it is likely to have financial resources available to meet such
liabilities, information about its members and about their ability
20to provide financial support for the purposes of the
application.”

(3) In section 16(3) of the Tribunals, Courts and Enforcement Act 2007
(applications for permission or leave to apply for relief under section 15(1):
Upper Tribunal’s “judicial review” jurisdiction)—

(a) 25after “unless” insert “—

“(a)”, and

(b) at the end insert “, and

(b) in cases arising under the law of England and Wales, the
applicant has provided the tribunal with any
30information about the financing of the application that is
specified in Tribunal Procedure Rules for the purposes
of this paragraph.”

(4) In that section, after subsection (3) insert—

“(3A) The information that may be specified for the purposes of subsection
35(3)(b) includes—

(a) information about the source, nature and extent of financial
resources available, or likely to be available, to the applicant to
meet liabilities arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate
40that it is likely to have financial resources available to meet such
liabilities, information about its members and about their ability
to provide financial support for the purposes of the
application.”

54 Use of information about financial resources

(1) 45This section applies when the High Court, the Upper Tribunal or the Court of
Appeal is determining by whom and to what extent costs of or incidental to
judicial review proceedings are to be paid.

(2) The information to which the court or tribunal must have regard includes—

(a) information about the financing of the proceedings provided in
accordance with section 31(3)(b) of the Senior Courts Act 1981 or
section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and

(b) 5any supplement to that information provided in accordance with rules
of court or Tribunal Procedure Rules.

(3) The court or tribunal must consider whether to order costs to be paid by a
person, other than a party to the proceedings, who is identified in that
information as someone who is providing financial support for the purposes of
10the proceedings or likely or able to do so.

(4) In this section “judicial review proceedings” means—

(a) proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) proceedings on an application for permission to apply for relief under
15section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case
arising under the law of England and Wales,

(d) proceedings on an application for such relief in such a case,

(e) any proceedings on an application for leave to appeal from a decision
in proceedings described in paragraph (a), (b), (c) or (d), and

(f) 20proceedings on an appeal from such a decision.

55 Interveners and costs

(1) This section applies where, in judicial review proceedings, a person other than
a relevant party to the proceedings (an “intervener”) is granted permission to
file evidence or make representations in the proceedings.

(2) 25A relevant party to the proceedings may not be ordered by the High Court or
the Court of Appeal to pay the intervener’s costs in connection with the
proceedings.

(3) Subsection (2) does not prevent the court making an order if it considers that
there are exceptional circumstances that make it appropriate to do so.

(4) 30On an application to the High Court or the Court of Appeal by a relevant party
to the proceedings, the court must order the intervener to pay any costs
specified in the application that the court considers have been incurred by that
party as a result of the intervener’s involvement in the proceedings.

(5) Subsection (4) does not require the court to make an order if it considers that
35there are exceptional circumstances that make it inappropriate to do so.

(6) In determining whether there are exceptional circumstances that are relevant
for the purposes of subsection (3) or (5), the court must have regard to criteria
specified in rules of court.

(7) In this section, “judicial review proceedings” means—

(a) 40proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) any proceedings on an application for leave to appeal from a decision
in proceedings described in paragraph (a) or (b), and

(d) proceedings on an appeal from such a decision.

(8) For the purposes of this section, “a relevant party” to judicial review
proceedings means any of the following—

(a) the applicant and the defendant,

(b) in the case of proceedings on an appeal, the appellant and the
5respondent, and

(c) any other person who is directly affected by the proceedings and on
whom the application for judicial review, or for leave to apply for
judicial review, has been served.

56 Capping of costs

(1) 10A costs capping order may not be made by the High Court or the Court of
Appeal in connection with judicial review proceedings except in accordance
with this section and sections 57 and 58.

(2) A “costs capping order” is an order limiting or removing the liability of a party
to judicial review proceedings to pay another party’s costs in connection with
15any stage of the proceedings.

(3) The court may make a costs capping order only if leave to apply for judicial
review has been granted.

(4) The court may make a costs capping order only on an application for such an
order made by the applicant for judicial review in accordance with rules of
20court.

(5) Rules of court may, in particular, specify information that must be contained in
the application, including—

(a) information about the source, nature and extent of financial resources
available, or likely to be available, to the applicant to meet liabilities
25arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate that it
is likely to have financial resources available to meet such liabilities,
information about its members and about their ability to provide
financial support for the purposes of the application.

(6) 30The court may make a costs capping order only if it is satisfied that—

(a) the proceedings are public interest proceedings,

(b) in the absence of the order, the applicant for judicial review would
withdraw the application for judicial review or cease to participate in
the proceedings, and

(c) 35it would be reasonable for the applicant for judicial review to do so.

(7) The proceedings are “public interest proceedings” only if—

(a) an issue that is the subject of the proceedings is of general public
importance,

(b) the public interest requires the issue to be resolved, and

(c) 40the proceedings are likely to provide an appropriate means of resolving
it.

(8) The matters to which the court must have regard when determining whether
proceedings are public interest proceedings include—

(a) the number of people likely to be directly affected if relief is granted to
45the applicant for judicial review,

(b) how significant the effect on those people is likely to be, and

(c) whether the proceedings involve consideration of a point of law of
general public importance.

(9) The Lord Chancellor may by regulations amend this section by adding,
omitting or amending matters to which the court must have regard when
5determining whether proceedings are public interest proceedings.

(10) Regulations under this section are to be made by statutory instrument.

(11) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(12) 10In this section and sections 57 and 58—

• “costs capping order” has the meaning given in subsection (2);

• “the court” means the High Court or the Court of Appeal;

• “judicial review proceedings” means—

  (a)

  proceedings on an application for leave to apply for judicial
  15review,

  (b)

  proceedings on an application for judicial review,

  (c)

  any proceedings on an application for leave to appeal from a
  decision in proceedings described in paragraph (a) or (b), and

  (d)

  proceedings on an appeal from such a decision,

  20and the proceedings described in paragraphs (a) to (d) are “stages” of
  judicial review proceedings.

(13) For the purposes of this section and section 57, in relation to judicial review
proceedings—

(a) the applicant for judicial review is the person who is or was the
25applicant in the proceedings on the application for judicial review, and

(b) references to relief being granted to the applicant for judicial review
include the upholding on appeal of a decision to grant such relief at an
earlier stage of the proceedings.

57 Capping of costs: orders and their terms

(1) 30The matters to which the court must have regard when considering whether to
make a costs capping order in connection with judicial review proceedings,
and what the terms of such an order should be, include—

(a) the financial resources of the parties to the proceedings, including the
financial resources of any person who provides, or may provide,
35financial support to the parties;

(b) the extent to which the applicant for the order is likely to benefit if relief
is granted to the applicant for judicial review;

(c) the extent to which any person who has provided, or may provide, the
applicant with financial support is likely to benefit if relief is granted to
40the applicant for judicial review;

(d) whether legal representatives for the applicant for the order are acting
free of charge;

(e) whether the applicant for the order is an appropriate person to
represent the interests of other persons or the public interest generally.

(2) 45A costs capping order that limits or removes the liability of the applicant for
judicial review to pay the costs of another party to the proceedings if relief is

not granted to the applicant for judicial review must also limit or remove the
liability of the other party to pay the applicant’s costs if it is.

(3) The Lord Chancellor may by regulations amend this section by adding to,
omitting or amending the matters listed in subsection (1).

(4) 5Regulations under this section are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(6) In this section—

• 10“free of charge” means otherwise than for or in expectation of fee, gain or
  reward;

• “legal representative”, in relation to a party to proceedings, means a
  person exercising a right of audience or conducting litigation on the
  party’s behalf.

58 15Capping of costs: environmental cases

(1) The Lord Chancellor may by regulations provide that sections 56 and 57 do not
apply in relation to judicial review proceedings which, in the Lord
Chancellor’s opinion, have as their subject an issue relating entirely or partly
to the environment.

(2) 20Regulations under this section—

(a) may make provision generally or only in relation to proceedings
described in the regulations, and

(b) may include transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) 25A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

Planning proceedings

59 Leave of court required for certain planning proceedings

(1) Section 288 of the Town and Country Planning Act 1990 (proceedings for
30questioning the validity of other orders, decisions and directions) is amended
as follows.

(2) In subsection (3) after “this section” insert “relating to anything other than an
English matter”.

(3) After subsection (3) insert—

“(3A) 35An application under this section relating to an English matter may not
be made without the leave of the High Court.

(3B) An application for leave for the purposes of subsection (3A) must be
made within six weeks from (as the case may be)—

(a) the date on which the order is confirmed or (in the case of an
40order under section 97 which takes effect under section 99
without confirmation) takes effect, or

(b) the date on which the action is taken.”

(4) After subsection (5) insert—

“(5A) When considering whether to grant leave for the purposes of
subsection (3A), the High Court may, subject to subsection (6), by
5interim order suspend the operation of the order or action the validity
of which the person or authority concerned wishes to question, until
the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application
10under this section made with such leave.”

(5) In subsection (6), after “orders” insert “; and subsection (5A) shall not apply
where leave is sought to make such an application.”

(6) After subsection (9) insert—

“(9A) In this section “English matter” means—

(a) 15an order to which this section applies which is made by—

(i) a local planning authority in England,

(ii) a mineral planning authority in England, or

(iii) the Secretary of State, or

(b) action to which this section applies which is on the part of the
20Secretary of State.”

(7) After subsection (10) insert—

“(11) References in this Act to an application under this section do not
include an application for leave for the purposes of subsection (3A).”

Part 5 25Final provisions

60 Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make
consequential, supplementary, incidental, transitional, transitory or saving
provision in relation to any provision of this Act.

(2) 30The regulations may, in particular, amend, repeal or revoke legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (5).

(5) 35A statutory instrument containing regulations under this section that amend or
repeal a provision of an Act (whether alone or with other provision) may not
be made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(6) In this section—

• 40“Act” includes an Act or Measure of the National Assembly for Wales;

• “legislation”, in relation to regulations made under this section, means—

  Criminal Justice and Courts BillPage 60

  (a)

  an Act passed before or in the same Session as this Act, or

  (b)

  an instrument made under an Act before the regulations come
  into force.

61 Financial provision

5There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue
of this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

62 10Commencement

(1) The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsection (2).

(2) This Part comes into force on the day on which this Act is passed.

(3) An order under this section is to be made by statutory instrument.

(4) 15An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(5) An order under this section bringing into force section 14 may appoint
different days for different areas.

63 20Extent

(1) An amendment or repeal made by this Act has the same extent as the provision
amended or repealed (ignoring extent by virtue of an Order in Council), subject
to subsections (2) to (4).

(2) Section 39(2)(a), (3), (4) and (5) extend to England and Wales only.

(3) 25An amendment or repeal of a provision of the Armed Forces Act 2006 extends
to England and Wales, Scotland and Northern Ireland.

(4) An amendment or repeal of any other provision, so far as it is applied by the
Armed Forces Act 2006, extends to England and Wales, Scotland and Northern
Ireland (and section 385 of that Act does not apply in relation to the
30amendment or repeal).

(5) A provision of this Act, other than an amendment or repeal, extends to
England and Wales, Scotland and Northern Ireland, subject to subsection (6).

(6) The following provisions extend to England and Wales only—

(a) sections 15 and 16;

(b) 35section 20;

(c) sections 54 to 58;

(d) Schedule 4.

64 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences)
Act 1997 (power to extend to Isle of Man) is exercisable in relation to any
amendment of that Schedule that is made by or under this Act.

(2) 5The power conferred by section 9(3) of the Special Immigration Appeals
Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is
exercisable in relation to any amendment of that Act that is made by or under
this Act.

(3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
10extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by or under this Act.

(4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(5) 15Her Majesty may by Order in Council provide for an armed forces provision to
extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(6) 20“Armed forces provision” means—

(a) an amendment or repeal made by or under this Act of a provision of the
Armed Forces Act 2006;

(b) an amendment or repeal made by or under this Act of any other
provision, so far as the provision is applied by the Armed Forces Act
252006.

65 Short title

This Act may be cited as the Criminal Justice and Courts Act 2014.

SCHEDULES

Section 5

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

Part 1 5Sentence and release

Introduction

1 The Criminal Justice Act 2003 is amended as follows.

Sentence

2 After Chapter 5 of Part 12 (sentencing) insert—

“Chapter 5A

Other offenders of particular concern

236A 10Special custodial sentence for certain offenders of particular concern

(1) Subsection (2) applies where—

(a) a person is convicted of an offence listed in Schedule 18A
(whether the offence was committed before or after this
section comes into force),

(b) 15the person was aged 18 or over when the offence was
committed, and

(c) the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) 20an extended sentence under section 226A.

(2) If the court imposes a sentence of imprisonment for the offence, the
term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be
25subject to a licence.

(3) The “appropriate custodial term” is the term that, in the opinion of
the court, ensures that the sentence is appropriate.

(4) The term of a sentence of imprisonment imposed under this section
for an offence must not exceed the term that, at the time the offence
30was committed, was the maximum term permitted for the offence.

(5) The references in subsections (1)(c) and (2) to a sentence imposed for
the offence include a sentence imposed for the offence and one or
more offences associated with it.

(6) The Secretary of State may by order amend Schedule 18A by—

(a) 5adding offences, or

(b) varying or omitting offences listed in the Schedule.

(7) An order under subsection (6) may, in particular, make provision
that applies in relation to the sentencing of a person for an offence
committed before the provision comes into force.”

3 10In section 330(5)(a) (orders subject to affirmative procedure), at the
appropriate place insert—

“(none) section 236A(6),”.

Offences of particular concern

4 After Schedule 18 insert—

Section 236A

“Schedule 18A 15Sentence under section 236A: offences

Terrorism offences

1 An offence under section 4 of the Offences against the Person Act
1861 (soliciting murder) that has a terrorist connection.

2 An offence under section 28 of that Act (causing bodily injury by
20explosives) that has a terrorist connection.

3 An offence under section 29 of that Act (using explosives etc with
intent to do grievous bodily harm) that has a terrorist connection.

4 An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property) that has a
25terrorist connection.

5 An offence under section 3 of that Act (attempt to cause explosion,
or making or keeping explosive with intent to endanger life or
property) that has a terrorist connection.

6 An offence under section 4 of that Act (making or possession of
30explosive under suspicious circumstances) that has a terrorist
connection.

7 An offence under section 54 of the Terrorism Act 2000 (weapons
training).

8 An offence under section 56 of that Act (directing terrorist
35organisation).

9 An offence under section 57 of that Act (possession of article for
terrorist purposes).

10 An offence under section 59 of that Act (inciting terrorism
overseas).

11 An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

12 An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).

13 5An offence under section 113 of that Act (use of noxious substance
or thing to cause harm or intimidate).

14 An offence under section 5 of the Terrorism Act 2006 (preparation
of terrorist acts).

15 An offence under section 6 of that Act (training for terrorism).

16 10An offence under section 9 of that Act (making or possession of
radioactive device or material).

17 An offence under section 10 of that Act (use of radioactive device
or material for terrorist purposes etc).

18 An offence under section 11 of that Act (terrorist threats relating to
15radioactive devices etc).

Sexual offences

19 An offence under section 5 of the Sexual Offences Act 2003 (rape
of a child under 13).

20 An offence under section 6 of that Act (assault of a child under 13
20by penetration).

Accessories and inchoate offences

21 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Schedule (a
“relevant offence”).

(2) 25An attempt to commit a relevant offence.

(3) Conspiracy to commit a relevant offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a relevant offence is the offence (or one of the offences)
which the person intended or believed would be committed.

22 30An offence in the following list that has a terrorist connection—

(a) an attempt to commit murder,

(b) conspiracy to commit murder, and

(c) an offence under Part 2 of the Serious Crime Act 2007 in
relation to which murder is the offence (or one of the
35offences) which the person intended or believed would be
committed.

Abolished offences

23 An offence that—

(a) was abolished before the coming into force of section 236A,
40and

(b) if committed on the day on which the offender was
convicted of the offence, would have constituted an
offence specified in the preceding paragraphs of this
Schedule.

5Meaning of “terrorist connection”

24 For the purposes of this Schedule, an offence has a terrorist
connection if a court has determined under section 30 of the
Counter-Terrorism Act 2008 that the offence has such a
connection.”

10Release on licence to be directed by Parole Board

5 In section 244(1) (duty to release prisoners), after “243A” insert “, 244A”.

6 After section 244 insert—

“244A Release on licence of prisoners serving sentence under section 236A

(1) This section applies to a prisoner (“P”) who is serving a sentence
15imposed under section 236A.

(2) The Secretary of State must refer P’s case to the Board—

(a) as soon as P has served the requisite custodial period, and

(b) where there has been a previous reference of P’s case to the
Board under this subsection and the Board did not direct P’s
20release, not later than the second anniversary of the disposal
of that reference.

(3) It is the duty of the Secretary of State to release P on licence under this
section as soon as—

(a) P has served the requisite custodial period, and

(b) 25the Board has directed P’s release under this section.

(4) The Board must not give a direction under subsection (3) unless—

(a) the Secretary of State has referred P’s case to the Board, and

(b) the Board is satisfied that it is not necessary for the protection
of the public that P should be confined.

(5) 30It is the duty of the Secretary of State to release P on licence under this
section as soon as P has served the appropriate custodial term, unless
P has previously been released on licence under this section and
recalled under section 254 (provision for the release of such persons
being made by sections 255A to 255C).

(6) 35For the purposes of this section—