Criminal Justice and Courts Bill (HC Bill 4)

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).

Criminal Justice and Courts BillPage 67

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

Criminal Justice and Courts BillPage 68

(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—

  • “the appropriate custodial term” means the term determined as
    such by the court under section 236A;

  • “the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, one-half
    40of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent
    or consecutive sentences, the period determined
    under sections 263(2) and 264(2).

Criminal Justice and Courts BillPage 69

7 (1) Section 246 (power to release prisoners on licence before required to do so)
is amended as follows.

(2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “, 228
or 236A”.

(3) 5In subsection (6), in the definition of “term of imprisonment” for “or 228”
substitute “, 228 or 236A”.

Part 2 Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

8 10In the Armed Forces Act 2006, after section 224 insert—

224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where—

(a) a person is convicted by the Court Martial of an offence under
section 42 (criminal conduct) (whether the offence was
15committed before or after this section comes into force),

(b) the corresponding offence under the law of England and
Wales is an offence listed in Schedule 18A to the 2003 Act,

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

(d) 20the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) an extended sentence of imprisonment under section
226A of the 2003 Act (as applied by section 219A of
25this Act).

(2) If the court imposes a sentence of imprisonment for the offence,
section 236A(2) to (4) of the 2003 Act apply in relation to the term of
the sentence.

(3) The references in subsections (1)(d) and (2) to a sentence imposed for
30the offence include a sentence imposed for the offence and one or
more offences associated with it.

(4) In Schedule 18A to the 2003 Act, as applied by this section, the
reference in paragraph 24 to section 30 of the Counter-Terrorism Act
2008 is to be read as a reference to section 32 of that Act.

35Part 3 Transitional and transitory provision

Application of new provisions about special custodial sentences

9 (1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this
Schedule, applies in relation to the sentencing of a person for an offence after
40that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.