Counter-Terrorism and Sentencing Bill (HC Bill 129)

21 Poisoning (under the law of Scotland).

22 Robbery (under the law of Scotland).

23 Assault with intent to rob (under the law of Scotland).

24 Wilful fire-raising (under the law of Scotland).

25 5Malicious mischief (under the law of Scotland).

26 Riot (under the law of Northern Ireland).

27 Affray (under the law of Northern Ireland).

28 An offence under any of the following provisions of the Offences
against the Person Act 1861—

(a) 10section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily
harm);

(c) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in the committing of an indictable
15offence);

(d) section 22 (using chloroform etc to commit or assist in the
committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous
20bodily harm);

(g) section 32 (endangering the safety of railway passengers).

29 An offence under any of the following provisions of the Explosive
Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or
25property);

(b) section 3 (attempt to cause explosion, or making or
keeping explosive with intent to endanger life or
property);

(c) section 4 (making or possession of explosive under
30suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing
or attempting to cause explosions or making or possessing
explosives).

30 An offence under section 1 of the Infant Life (Preservation) Act
351929 (child destruction).

31 An offence under section 1 of the Infanticide Act 1938 (infanticide).

32 An offence under section 1 of the Infanticide Act (Northern
Ireland) 1939 (c. 5 (N.I.)) (infanticide).

33 An offence under section 25 of the Criminal Justice Act (Northern
40Ireland) 1945 (c. 15 (N.I.)) (child destruction).

34 An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to that
Act);

(d) 5section 18 (carrying a firearm with criminal intent).

35 An offence under either of the following provisions of the Theft
Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

36 10An offence under either of the following provisions of the Theft
Act (Northern Ireland) 1969 (c. 16 (N.I.))—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

37 (1) An offence of arson under section 1 of the Criminal Damage Act
151971.

(2) An offence under section 1(2) of that Act (destruction or damage
of property with intent or recklessness as to endangerment of life)
other than an offence of arson.

38 An offence under section 1 of the Biological Weapons Act 1974
20(developing certain biological agents and toxins or biological
weapons).

39 (1) An offence of arson under Article 3 of the Criminal Damage
(Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)S.I. 1977/426 (N.I. 4)).

(2) An offence under Article 3(2) of that Order (destruction or damage
25of property with intent or recklessness as to endangerment of life)
other than an offence of arson.

40 An offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking).

41 An offence under any of the following provisions of the Aviation
30Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of
aircraft);

(c) section 3 (other acts endangering or likely to endanger
35safety of aircraft);

(d) section 6(2) (inducing or assisting commission of offences
relating to safety of aircraft).

42 An offence under either of the following provisions of the Nuclear
Material (Offences) Act 1983—

(a) 40section 1B (offences relating to damage to the
environment);

(b) section 2 (preparatory acts and threats).

43 An offence under section 134 of the Criminal Justice Act 1988
(torture).

44 An offence under any of the following provisions of the Aviation
and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) 5section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or
endangering their safety);

(e) section 12 (other acts endangering or likely to endanger
safe navigation);

(f) 10section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of
offences relating to hijacking of ships, or destroying ships
or fixed platforms or endangering their safety).

45 An offence under Part 2 of the Channel Tunnel (Security) Order
151994 (S.I. 1994/570S.I. 1994/570) (offences relating to Channel Tunnel trains
and the tunnel system).

46 An offence under either of the following provisions of the
Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) 20section 11 (premises or equipment used for producing
chemical weapons).

47 An offence under any of the following provisions of the
International Criminal Court Act 2001, other than an offence
involving murder—

(a) 25section 51 (genocide, crimes against humanity and war
crimes: England and Wales);

(b) section 52 (conduct ancillary to genocide etc: England and
Wales);

(c) section 58 (genocide, crimes against humanity and war
30crimes: Northern Ireland);

(d) section 59 (conduct ancillary to genocide etc: Northern
Ireland).

48 An offence under either of the following provisions of the Anti-
Terrorism, Crime and Security Act 2001—

(a) 35section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related
acts overseas).

49 An offence under section 1 or 2 of the International Criminal Court
(Scotland) Act 2001 (asp 13)2001 (asp 13) (genocide, crimes against humanity,
40war crimes and related offences), other than one involving
murder.

50 An offence under any of the following provisions of the Firearms
(Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3))—

(a) Article 58(1) (possession of firearm with intent to endanger
45life etc);

(b) Article 59(1) (use of firearm to resist arrest);

(c) Article 59(2) (possession of firearm while committing other
offence);

(d) Article 60 (carrying a firearm with criminal intent).

51 An offence under either of the following provisions of the Modern
Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory
5labour);

(b) section 2 (human trafficking).

52 An offence under either of the following provisions of the Human
Trafficking and Exploitation (Scotland) Act 2015 (asp 12)2015 (asp 12)—

(a) section 1 (human trafficking);

(b) 10section 4 (slavery, servitude and forced or compulsory
labour).

53 An offence under either of the following provisions of the Human
Trafficking and Exploitation (Criminal Justice and Support for
Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))—

(a) 15section 1 (slavery, servitude and forced or compulsory
labour);

(b) section 2 (human trafficking).

54 An offence under any of the following provisions of Schedule 4 to
the Space Industry Act 2018—

(a) 20paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the
safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger
safety of spacecraft);

(d) 25paragraph 4 (endangering safety at spaceports).

55 (1) An attempt to commit an offence specified in a preceding
paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) An offence under Part 2 of the Serious Crime Act 2007 in relation
30to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

(4) Incitement to commit a listed offence.

(5) Aiding, abetting, counselling or procuring the commission of a
listed offence.

56 (1) 35An attempt to commit murder.

(2) Conspiracy to commit murder.

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

(4) 40Incitement to commit murder.

(5) Aiding, abetting, counselling or procuring murder.

57 An offence that was—

(a) abolished before the coming into force of this Schedule,
and

(b) if committed on the day on which this Schedule came into
force, would have constituted an offence specified in any
5of the preceding paragraphs of this Part of this Schedule.”

Section 28

SCHEDULE 10 Offences carrying restricted eligibility of terrorist prisoners for release on
licence: Scotland

This is the Schedule to be substituted for Schedule 1A to the Prisoners and
10Criminal Proceedings (Scotland) Act 1993—

Section 1AB

““Schedule 1A Offences carrying restricted eligibility of terrorist prisoners for
release on licence

Part 1 Terrorism offences punishable with imprisonment for life

1 15An offence under any of the following provisions of the Terrorism
Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 59 (inciting terrorism overseas: England and
20Wales), other than an offence which is an offence by virtue
of subsection (2)(c) of that section;

(d) section 60 (inciting terrorism overseas: Northern Ireland),
other than an offence which is an offence by virtue of
subsection (2)(c) of that section;

(e) 25section 61 (inciting terrorism overseas: Scotland).

2 An offence under any of the following provisions of the Terrorism
Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) 30section 9 (making or possession of radioactive device or
material);

(d) section 10 (misuse of radioactive device or material for
terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices
35etc).

3 (1) An attempt to commit an offence specified in a preceding
paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence is the offence (or one of the offences)
5which the person intended or believed would be committed.

4 An offence that was—

(a) abolished before the coming into force of this Schedule,
and

(b) if committed on the day on which this Schedule came into
10force, would have constituted an offence specified in any
of the preceding paragraphs of this Part of this Schedule.

Part 2 Terrorism offences punishable with imprisonment for more than two
years (but not life)

5 15An offence under any of the following provisions of the Terrorism
Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed
organisation);

(c) 20section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist
purposes);

(e) section 17 (involvement in terrorist funding
arrangements);

(f) 25section 17A (insuring payments made in response to
terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or
suspicion about terrorist offences);

(i) 30section 21A (failure in regulated sectors to disclose
knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of
terrorism);

(k) section 39 (disclosure of information prejudicial to a
35terrorist investigation etc);

(l) section 57 (possession of article for terrorist purposes);

(m) section 58 (collection of information likely to be of use to a
terrorist);

(n) section 58A (publishing information about members of the
40armed forces etc);

(o) section 58B (entering or remaining in a designated area);

(p) section 59 (inciting terrorism overseas: England and
Wales), in the case of an offence which is an offence by
virtue of the reference in subsection (2)(c) of that section to
45an offence under section 23 of the Offences against the
Person Act 1861;

(q) section 60 (inciting terrorism overseas: Northern Ireland),
in the case of an offence which is an offence by virtue of the

reference in subsection (2)(c) of that section to an offence
under section 23 of the Offences against the Person Act
1861.

6 An offence under section 113 of the Anti-terrorism, Crime and
5Security Act 2001 (use of noxious substances to harm or
intimidate).

7 An offence under any of the following provisions of the Terrorism
Act 2006—

(a) section 1 (encouragement of terrorism);

(b) 10section 2 (dissemination of terrorist publications);

(c) section 8 (attendance at a place used for terrorist training).

8 An offence under section 54 of the Counter-Terrorism Act 2008
(breach of police notification requirements etc).

9 An offence under section 23 of the Terrorism Prevention and
15Investigation Measures Act 2011 (breach of notices imposing
terrorism prevention and investigation measures).

10 An offence under section 10 of the Counter-Terrorism and
Security Act 2015 (breach of temporary exclusion order).

11 (1) An attempt to commit an offence specified in a preceding
20paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

(5) 25An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

12 An offence that was—

(a) abolished before the coming into force of this Schedule,
30and

(b) if committed on the day on which this Schedule came into
force, would have constituted an offence specified in any
of the preceding paragraphs of this Part of this Schedule.

Part 3 35Other offences punishable with imprisonment for life

13 Culpable homicide.

14 Manslaughter (under the law of England and Wales or Northern
Ireland).

15 Abduction.

16 40Assault by explosive device.

17 Assault to severe injury.

18 Assault and poisoning.

19 Poisoning.

20 Robbery.

21 Assault with intent to rob.

22 5Wilful fire-raising.

23 Malicious mischief.

24 Kidnapping (under the law of England and Wales or Northern
Ireland).

25 False imprisonment (under the law of England and Wales or
10Northern Ireland).

26 Riot (under the law of Northern Ireland).

27 Affray (under the law of Northern Ireland).

28 An offence under any of the following provisions of the Offences
against the Person Act 1861—

(a) 15section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily
harm);

(c) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in the committing of an indictable
20offence);

(d) section 22 (using chloroform etc to commit or assist in the
committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous
25bodily harm);

(g) section 32 (endangering the safety of railway passengers).

29 An offence under any of the following provisions of the Explosive
Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or
30property);

(b) section 3 (attempt to cause explosion, or making or
keeping explosive with intent to endanger life or
property);

(c) section 4 (making or possession of explosive under
35suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing
or attempting to cause explosions or making or possessing
explosives).

30 An offence under section 1 of the Infant Life (Preservation) Act
401929 (child destruction).

31 An offence under section 1 of the Infanticide Act 1938 (infanticide).

32 An offence under section 1 of the Infanticide Act (Northern
Ireland) 1939 (c. 5 (N.I.)) (infanticide).

33 An offence under section 25 of the Criminal Justice Act (Northern
Ireland) 1945 (c. 15 (N.I.)) (child destruction).

34 An offence under any of the following provisions of the Firearms
Act 1968—

(a) 5section 16 (possession of firearm with intent to endanger
life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to that
10Act);

(d) section 18 (carrying a firearm with criminal intent).

35 An offence under either of the following provisions of the Theft
Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) 15section 10 (aggravated burglary).

36 An offence under either of the following provisions of the Theft
Act (Northern Ireland) 1969 (c. 16 (N.I.))—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

37 (1) 20An offence of arson under section 1 of the Criminal Damage Act
1971.

(2) An offence under section 1(2) of that Act (destruction or damage
of property with intent or recklessness as to endangerment of life)
other than an offence of arson.

38 25An offence under section 1 of the Biological Weapons Act 1974
(developing certain biological agents and toxins or biological
weapons).

39 (1) An offence of arson under Article 3 of the Criminal Damage
(Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)S.I. 1977/426 (N.I. 4)).

(2) 30An offence under Article 3(2) of that Order (destruction or damage
of property with intent or recklessness as to endangerment of life)
other than an offence of arson.

40 An offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking).

41 35An offence under any of the following provisions of the Aviation
Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of
aircraft);

(c) 40section 3 (other acts endangering or likely to endanger
safety of aircraft);

(d) section 6(2) (inducing or assisting commission of offences
relating to safety of aircraft).

42 An offence under either of the following provisions of the Nuclear
45Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the
environment);

(b) section 2 (preparatory acts and threats).

43 An offence under section 134 of the Criminal Justice Act 1988
5(torture).

44 An offence under any of the following provisions of the Aviation
and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) 10section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or
endangering their safety);

(e) section 12 (other acts endangering or likely to endanger
safe navigation);

(f) 15section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of
offences relating to hijacking of ships, or destroying ships
or fixed platforms or endangering their safety).

45 An offence under Part 2 of the Channel Tunnel (Security) Order
201994 (S.I. 1994/570S.I. 1994/570) (offences relating to Channel Tunnel trains
and the tunnel system).

46 An offence under either of the following provisions of the
Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) 25section 11 (premises or equipment used for producing
chemical weapons).

47 An offence under any of the following provisions of the
International Criminal Court Act 2001, other than an offence
involving murder—

(a) 30section 51 (genocide, crimes against humanity and war
crimes: England and Wales);

(b) section 52 (conduct ancillary to genocide etc: England and
Wales);

(c) section 58 (genocide, crimes against humanity and war
35crimes: Northern Ireland);

(d) section 59 (conduct ancillary to genocide etc: Northern
Ireland).

48 An offence under either of the following provisions of the Anti-
Terrorism, Crime and Security Act 2001—

(a) 40section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related
acts overseas).

49 An offence under section 1 or 2 of the International Criminal Court
(Scotland) Act 2001 (asp 13)2001 (asp 13) (genocide, crimes against humanity,
45war crimes and related offences), other than one involving
murder.