Counter-Terrorism and Sentencing Bill (HC Bill 129)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice and the Home Office,
are published separately as Bill 129-EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Robert Buckland has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Counter-Terrorism and Sentencing Bill are compati-
ble with the Convention rights.

Contents

  1. Part 1

    Sentencing of terrorist and certain other offenders

    1. Offences to be sentenced as terrorist offences

      1. 1. Offences aggravated by terrorist connection

      2. 2. Meaning of “serious terrorism offence”: England and Wales

      3. 3. Offences relevant for provisions of this Act relating to Northern Ireland

    2. Serious terrorism sentences

      1. 4. Serious terrorism sentence for adults aged under 21: England and Wales

      2. 5. Serious terrorism sentence for adults aged 21 or over: England and Wales

      3. 6. Serious terrorism sentence: Scotland

      4. 7. Serious terrorism sentence: Northern Ireland

    3. Serious terrorism sentences: supplementary provision

      1. 8. Reduction in appropriate custodial term for guilty pleas: England and Wales

      2. 9. Reduction in appropriate custodial term for guilty pleas: Scotland

      3. 10. Reduction in appropriate custodial term for assistance to prosecution:
        England and Wales

    4. Life or indeterminate sentences for serious terrorism offences

      1. 11. Minimum term order for serious terrorism offenders: England and Wales

      2. 12. Minimum punishment part for serious terrorism offenders: Scotland

      3. 13. Minimum tariff for serious terrorism offenders given life sentences: Northern
        Ireland

      4. 14. Minimum custodial period for serious terrorism offenders given
        indeterminate custodial sentences: Northern Ireland

    5. Extended sentences

      1. 15. Additional offences attracting extended sentence: England and Wales

      2. 16. Increase in extension period for serious terrorism offenders aged under 18:
        England and Wales

      3. 17. Increase in extension period for adult serious terrorism offenders aged under
        21: England and Wales

      4. 18. Increase in extension period for serious terrorism offenders aged 21 or over:
        England and Wales

      5. 19. Additional terrorism offences attracting extended sentence: Scotland

      6. 20. Extended custodial sentences for serious terrorism offenders: Northern
        Ireland

    6. Other custodial sentences for terrorist offenders

      1. 21. Offences attracting special custodial sentence for offenders of particular
        concern: England and Wales

      2. 22. Special custodial sentence for certain terrorist offenders aged under 18 at time
        of offence: England and Wales

      3. 23. Terrorism sentence with fixed licence period: Scotland

      4. 24. Terrorism sentence with fixed licence period: Northern Ireland

    7. Sentencing for service offences

      1. 25. Corresponding provision under service law

    8. Maximum sentences

      1. 26. Increase in maximum sentences for certain terrorist offences

  2. Part 2

    Release of terrorist offenders

    1. Removal or restriction of early release for terrorist prisoners

      1. 27. Removal of early release for dangerous terrorist prisoners: England and
        Wales

      2. 28. Removal of early release for dangerous terrorist prisoners: Scotland

      3. 29. Further provision about release of terrorist prisoners: Scotland

      4. 30. Restricted eligibility for early release of terrorist prisoners: Northern Ireland

      5. 31. Removal of early release for dangerous terrorist prisoners: Northern Ireland

    2. Polygraph conditions in licences for release

      1. 32. Polygraph licence conditions for terrorist offenders: England and Wales

      2. 33. Polygraph licence conditions for terrorist offenders: Scotland

      3. 34. Polygraph licence conditions for terrorist offenders: Northern Ireland

      4. 35. Polygraph licence conditions in terrorism cases: supplementary provision

    3. Repatriated terrorist prisoners

      1. 36. Release on licence of terrorist prisoners repatriated to the United Kingdom

  3. Part 3

    Prevention and investigation of terrorism

    1. Terrorism prevention and investigation measures

      1. 37. TPIMs: condition as to involvement in terrorism-related activity

      2. 38. TPIMs: extension of time limit

      3. 39. TPIMs: variation of measures

      4. 40. TPIMs: extension of residence measure

      5. 41. TPIMs: polygraph measure

      6. 42. TPIMs: drug testing measure

      7. 43. TPIMs: provision of information

    2. Notification requirements under Part 4 of the Counter-Terrorism Act 2008

      1. 44. Additional offences attracting notification requirements

    3. Serious crime prevention orders

      1. 45. Police powers to apply for serious crime prevention orders in terrorism cases

      2. 46. Serious crime prevention orders: review of operation of police powers

    4. “Prevent” strategy

      1. 47. Persons vulnerable to being drawn into terrorism: timing of independent
        review

  4. Part 4

    General

    1. 48. Consequential and related amendments

    2. 49. Power to state effect in Sentencing Act 2020 of commencement of
      amendments made by this Act

    3. 50. Power to make further consequential provision

    4. 51. Extent

    5. 52. Commencement

    6. 53. Short title

    1. Schedule 1

      Offences where terrorist connection not required to be
      considered

      1. Part 1

        England and Wales; service offences

      2. Part 2

        Scotland and Northern Ireland

    2. Schedule 2

      Serious terrorism offences: England and Wales

    3. Schedule 3

      Offences for the purposes of this Act: Northern Ireland

    4. Schedule 4

      Serious terrorism offences: Scotland

    5. Schedule 5

      Terrorism offences attracting extended sentence: Scotland

    6. Schedule 6

      Offences attracting special custodial sentence for offenders of
      particular concern: England and Wales

    7. Schedule 7

      Offences attracting terrorism sentence with fixed licence
      period: Scotland

    8. Schedule 8

      Corresponding provision about sentencing under service law

      1. Part 1

        Serious terrorism sentences etc

      2. Part 2

        Offences attracting special custodial sentence

      3. Part 3

        Special custodial sentence for terrorist offenders of particular
        concern aged under 18 at time of offence

    9. Schedule 9

      Offences carrying restricted eligibility of terrorist prisoners for
      release on licence: England and Wales

    10. Schedule 10

      Offences carrying restricted eligibility of terrorist prisoners for
      release on licence: Scotland

    11. Schedule 11

      Release on licence of repatriated terrorist prisoners

    12. Schedule 12

      Serious crime prevention orders: power for police to apply in
      terrorism-related cases

    13. Schedule 13

      Consequential and related amendments

      1. Part 1

        Offences aggravated by terrorist connection

      2. Part 2

        Serious terrorism sentence: England and Wales

      3. Part 3

        Offences attracting special custodial sentence: England and
        Wales

      4. Part 4

        Sentence for offenders of particular concern aged under 18 at
        time of offence: England and Wales

      5. Part 5

        Amendments in relation to release: England and Wales

      6. Part 6

        Consequential and related amendments: Scotland

      7. Part 7

        Serious terrorism sentence and extended custodial sentence:
        Northern Ireland

      8. Part 8

        Terrorism sentence with fixed licence period: Northern Ireland

      9. Part 9

        Release on licence: Northern Ireland

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