Counter-Terrorism and Sentencing Bill (HC Bill 129)

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
life etc);

(b) 5Article 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
10Slavery Act 2015—

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

(b) section 2 (human trafficking).

52 An offence under either of the following provisions of the Human
15Trafficking and Exploitation (Scotland) Act 2015 (asp 12)2015 (asp 12)—

(a) section 1 (human trafficking);

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

53 An offence under either of the following provisions of the Human
20Trafficking and Exploitation (Criminal Justice and Support for
Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))—

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

(b) section 2 (human trafficking).

54 25An offence under any of the following provisions of Schedule 4 to
the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

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

(c) 30paragraph 3 (other acts endangering or likely to endanger
safety of spacecraft);

(d) paragraph 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) 35Conspiracy 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
40to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

56 (1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

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

(5) 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.

57 5An 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
10of the preceding paragraphs of this Part of this Schedule.”

Section 36

SCHEDULE 11 Release on licence of repatriated terrorist prisoners

1 The Schedule to the Repatriation of Prisoners Act 1984 is amended as
follows.

2 15In paragraph 2 (application of early release provisions) as it applies in
relation to prisoners repatriated to England and Wales, after sub-paragraph
(3A) insert—

“(3B) If sub-paragraph (3D) or (3E) applies by virtue of an offence in
relation to which a determinate sentence is to be served, Chapter
206 of Part 12 of the Criminal Justice Act 2003 applies to the prisoner
as if that offence was within section 247A(2) of that Act (terrorist
offences carrying restricted eligibility for release on licence).

(3C) If sub-paragraph (3D) or (3E) applies by virtue of any offence,
section 28 of the Offender Management Act 2007 applies to the
25prisoner as if that offence was within subsection (4A) of that
section (terrorist offences in relation to which polygraph
conditions can be included in release licence).

(3D) This sub-paragraph applies if the warrant specifies that the
offence or any of the offences in relation to which a sentence is to
30be served corresponds to an offence specified in Part 1 or 2 of
Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences
carrying restricted eligibility for release on licence).

(3E) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a
35sentence is to be served (“the overseas offence”)
corresponds to an offence under the law of England and
Wales (“the corresponding offence”),

(b) section 69 of the Sentencing Code or (as the case may be)
section 30 of the Counter-Terrorism Act 2008 would have
40applied to the corresponding offence if—

(i) it had been committed at the same time as the
overseas offence, and

(ii) the prisoner had been convicted of and sentenced
for it in England and Wales at the same time

respectively as the conviction and sentencing for
the overseas offence, and

(c) findings made by the court before which the prisoner was
tried or sentenced for the overseas offence would, had the
5prisoner been tried and sentenced in England and Wales
for the corresponding offence, have justified a
determination under that section that the corresponding
offence had a terrorist connection.

(3F) The Secretary of State may amend a warrant (whether issued
10before or after sub-paragraph (3B) or (3C) comes into force and
whether or not the transfer it authorises has taken place) so as to
specify the matters referred to in sub-paragraph (3D) or (3E).”

3 (1) Paragraph 2 (application of early release provisions), as it applies in relation
to certain prisoners repatriated to Scotland on or after 27 June 2003 in
15accordance with section 33(2) of the Criminal Justice (Scotland) Act 2003 (asp
7), is amended as follows.

(2) In sub-paragraph (1), after “(3),” insert “1AB(3),”.

(3) In sub-paragraph (2), in the words before paragraph (a), after “licence)”
insert “, or of section 1AB(3) of that Act in the case of a long-term prisoner to
20whom that section applies”.

(4) After sub-paragraph (3) insert—

“(3A) If sub-paragraph (3C) or (3D) applies by virtue of an offence in
relation to which a determinate sentence is to be served, Part 1 of
the Prisoners and Criminal Proceedings (Scotland) Act 1993
25applies to the prisoner as if that offence was within section 1AB(2)
of that Act (terrorist offences carrying restricted eligibility for
release on licence).

(3B) If sub-paragraph (3C) or (3D) applies by virtue of any offence,
section 12AC of the Prisoners and Criminal Proceedings
30(Scotland) Act 1993 applies to the prisoner as if that offence was
within subsection (3) of that section (terrorist offences in relation
to which polygraph conditions can be included in release licence).

(3C) This sub-paragraph applies if the warrant specifies that the
offence or any of the offences in relation to which a sentence is to
35be served corresponds to an offence specified in Part 1 or 2 of
Schedule 1A to the Prisoners and Criminal Proceedings (Scotland)
Act 1993 (terrorism offences carrying restricted eligibility for
release on licence).

(3D) This sub-paragraph applies if the warrant specifies that—

(a) 40the offence or any of the offences in relation to which a
sentence is to be served (“the overseas offence”)
corresponds to an offence under the law of Scotland (“the
corresponding offence”),

(b) section 31 of the Counter-Terrorism Act 2008 (sentences for
45offences aggravated by terrorist connection) would have
been capable of applying in relation to the corresponding
offence if—

(i) it had been committed at the same time as the
overseas offence, and

(ii) the prisoner had been convicted of and sentenced
for it in Scotland at the same time respectively as
5the conviction and sentencing for the overseas
offence, and

(c) findings made by the court before which the prisoner was
tried or sentenced for the overseas offence would, had the
prisoner been tried and sentenced in Scotland for the
10corresponding offence, have justified its being found
proved for the purposes of that section that the
corresponding offence was aggravated by reason of
having a terrorist connection.

(3E) The Scottish Ministers may amend a warrant (whether issued
15before or after sub-paragraph (3A) or (3B) comes into force and
whether or not the transfer it authorises has taken place) so as to
specify the matters referred to in sub-paragraph (3C) or (3D).”

4 (1) Paragraph 2 (application of early release provisions), as it applies in relation
to prisoners repatriated to Scotland other than as mentioned in paragraph
203(1), is amended as follows.

(2) In sub-paragraph (1A)(b), after “(3),” insert “1AB(3),”.

(3) After sub-paragraph (2) insert—

“(3) If sub-paragraph (5) applies by virtue of an offence in relation to
which a determinate sentence is to be served, Part 1 of the
25Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to
the prisoner as if that offence was within section 1AB(2) of that Act
(terrorist offences carrying restricted eligibility for release on
licence).

(4) If sub-paragraph (5) applies by virtue of any offence, section 12AC
30of the Prisoners and Criminal Proceedings (Scotland) Act 1993
applies to the prisoner as if that offence was within subsection (3)
of that section (terrorist offences in relation to which polygraph
conditions can be included in release licence).

(5) This sub-paragraph applies if the warrant specifies that the
35offence or any of the offences in relation to which a sentence is to
be served corresponds to an offence specified in Part 1 or 2 of
Schedule 1A to the Prisoners and Criminal Proceedings (Scotland)
Act 1993 (terrorism offences carrying restricted eligibility for
release on licence).

(6) 40The Scottish Ministers may amend a warrant (whether issued
before or after sub-paragraph (3) or (4) comes into force and
whether or not the transfer it authorises has taken place) so as to
specify the matters referred to in sub-paragraph (5).”

5 In paragraph 2A (application of early release provisions to prisoners
45repatriated to Northern Ireland), after sub-paragraph (4) insert—

“(4A) If sub-paragraph (4C) or (4D) applies by virtue of an offence in
relation to which a determinate sentence is to be served, Chapter
4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008

applies to the prisoner as if that offence was within Article 20A(2)
(terrorist offences carrying restricted eligibility for release on
licence).

(4B) If sub-paragraph (4C) or (4D) applies by virtue of any offence,
5Article 8A of the Life Sentences (Northern Ireland) Order 2001 or
(as the case may be) Article 24A of the Criminal Justice (Northern
Ireland) Order 2008 applies to the prisoner as if that offence was
within paragraph (3) or (as the case may be) paragraph (1)(a) of
that Article (terrorist offences in relation to which polygraph
10conditions can be included in release licence of life prisoner).

(4C) This sub-paragraph applies if the warrant specifies that the
offence or any of the offences in relation to which a sentence is to
be served corresponds to an offence specified in Part 2, 4, 5 or 7 of
Schedule 2A to the Criminal Justice (Northern Ireland) Order 2008
15(terrorism offences carrying restricted eligibility for release on
licence).

(4D) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a
sentence is to be served (“the overseas offence”)
20corresponds to an offence under the law of Northern
Ireland (“the corresponding offence”),

(b) section 30 of the Counter-Terrorism Act 2008 would have
applied to the corresponding offence if—

(i) it had been committed at the same time as the
25overseas offence, and

(ii) the prisoner had been convicted of and sentenced
for it in Northern Ireland at the same time
respectively as the conviction and sentencing for
the overseas offence, and

(c) 30findings made by the court before which the prisoner was
tried or sentenced for the overseas offence would, had the
prisoner been tried and sentenced in Northern Ireland for
the corresponding offence, have justified a determination
under that section that the corresponding offence had a
35terrorist connection.

(4E) The Department of Justice may amend a warrant (whether issued
before or after sub-paragraph (4A) or (4B) comes into force and
whether or not the transfer it authorises has taken place) so as to
specify the matters referred to in sub-paragraph (4C) or (4D).”

Section 45

40SCHEDULE 12 Serious crime prevention orders: power for police to apply in terrorism-related
cases

1 The Serious Crime Act 2007 is amended as follows.

2 (1) Section 8 (authorities that can apply for a serious crime prevention order) is
45amended as follows.

(2) The existing text becomes subsection (1).

(3) In that subsection (1)—

(a) in paragraph (a)—

(i) omit the “or” before sub-paragraph (iii);

(ii) 5at the end of that sub-paragraph insert “or

(iv) subject to subsection (2), a chief officer
of police;”;

(b) in paragraph (aa), for “, the Lord Advocate” substitute “—

(i) the Lord Advocate; or

(ii) 10subject to subsection (2), the chief officer of
police;”.

(c) in paragraph (b), for “, the Director of Public Prosecutions for
Northern Ireland” substitute “—

(i) the Director of Public Prosecutions for
15Northern Ireland; or

(ii) subject to subsection (2), the chief officer of
police.”

(4) After subsection (1) insert—

“(2) A chief officer of police may make an application for a serious crime
20prevention order only if—

(a) it is an application for an order under section 1 that is
terrorism-related (see section 8A);

(b) the chief officer has consulted—

(i) the Director of Public Prosecutions, in the case of an
25order in England and Wales;

(ii) the Lord Advocate, in the case of an order in Scotland;
or

(iii) the Director for Public Prosecutions for Northern
Ireland, in the case of an order in Northern Ireland;
30and

(c) in the case of an application by the chief constable of the
Police Service of Scotland, it is made to the Court of Session
(and not to the sheriff).

(3) In this section “chief officer of police”—

(a) 35in relation to England and Wales, means the chief officer of
police of a police force in England and Wales;

(b) in relation to Scotland, means the chief constable of the Police
Service of Scotland;

(c) in relation to Northern Ireland, means the Chief Constable of
40the Police Service of Northern Ireland.”

3 After section 8 insert—

“8A Serious crime prevention orders that are terrorism-related

(1) For the purposes of this Part, a serious crime prevention order is
“terrorism-related” if the trigger offence is within subsection (3).

(2) 45The “trigger offence”, in relation to a serious crime prevention order,
is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or
(as the case may be) 3(1) or (4) pursuant to which the court is satisfied

that the person who is the subject of the order has been involved in
serious crime.

(3) A trigger offence is within this subsection if—

(a) it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph
52A of Schedule 1;

(b) it falls within section 2A(2)(a) or (5)(b)(i) by virtue of
paragraph 16BA of Schedule 1;

(c) if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph
18A of Schedule 1; or

(d) 10in the case of any other trigger offence (whether or not
specified, or within a description specified, in Schedule 1), it
appears to the court that the offence—

(i) is, or takes place in the course of, an act of terrorism;
or

(ii) 15is committed for the purposes of terrorism.

(4) Subsection (5) applies where—

(a) the court is considering whether a trigger offence is within
subsection (3)(d);

(b) the court has, for the purposes of this Part, decided that a
20person has committed the trigger offence (see section 4(1));
and

(c) at the time at which the person was sentenced for the trigger
offence, the offence was of a kind capable of being
determined to have a terrorist connection.

(5) 25The court—

(a) must decide that the trigger offence is within subsection
(3)(d) if the offence was determined to have a terrorist
connection; and

(b) must not otherwise decide that the trigger offence is within
30subsection (3)(d).

(6) For the purposes of this section, an offence was determined to have
a terrorist connection if —

(a) it was determined to have a terrorist connection under—

(i) section 69 of the Sentencing Code (in the case of an
35offender sentenced in England and Wales or for a
service offence); or

(ii) section 30 or 32 of the Counter-Terrorism Act 2008 (in
the case of an offender sentenced in Northern Ireland,
or an offender sentenced in England and Wales, or for
40a service offence, before the Sentencing Code
applied); or

(b) it has been proved to have been aggravated by reason of
having a terrorist connection under section 31 of that Act (in
the case of an offender sentenced in Scotland);

45(and the reference in subsection (4)(c) to an offence being capable of
being determined to have such a connection is to be read
accordingly).

(7) In this section “terrorism” has the same meaning as in the Terrorism
Act 2000 (see section 1 of that Act).”

4 (1) Section 10(4) (definition of “relevant applicant authority”) is amended as
follows.

(2) In paragraph (a)—

(a) omit the “and” before sub-paragraph (iii);

(b) 5at the end of that sub-paragraph insert—

“(“iv) where the order was applied for by the chief
officer of police of a police force in England
and Wales, the chief officer of police of any
such police force;”.

(3) 10In paragraph (aa), for “, the Lord Advocate” substitute “—

(i) where the order was applied for by the Lord
Advocate, the Lord Advocate;

(ii) where the order was applied for by the chief constable
of the Police Service of Scotland, the chief constable;”.

(4) 15In paragraph (b), for “, the Director of Public Prosecutions for Northern
Ireland” substitute “—

(i) where the order was applied for by the Director of
Public Prosecutions for Northern Ireland, the
Director;

(ii) 20where the order was applied for by the Chief
Constable of the Police Service of Northern Ireland,
the Chief Constable.”

5 (1) Section 17 (variation of orders) is amended as follows.

(2) In subsection (3)(a), after “authority” insert “(but see subsection (7A))”.

(3) 25After subsection (7) insert—

“(7A) Where the relevant applicant authority is the chief constable of the
Police Service of Scotland, an application for the variation of the
order may only be made under this section to the Court of Session
(and not to the sheriff).”

6 (1) 30Section 18 (discharge of orders) is amended as follows.

(2) In subsection (2)(a), after “authority” insert “(but see subsection (7))”.

(3) At the end insert—

“(7) Where the relevant applicant authority is the chief constable of the
Police Service of Scotland, an application for the discharge of the
35order may only be made under this section to the Court of Session
(and not to the sheriff).”

7 (1) Section 27 (powers to wind up companies etc: England and Wales) is
amended as follows.

(2) After subsection (1) insert—

“(1A) 40The chief officer of police of a police force in England and Wales may
present a petition to the court for the winding up of a company,
partnership or relevant body if—

(a) the company, partnership or relevant body has been
convicted of an offence under section 25 in relation to a
police-initiated serious crime prevention order; and

(b) the chief officer of police concerned considers that it would
5be in the public interest for the company, partnership or (as
the case may be) relevant body to be wound up.”

(3) In subsection (3), for “or the Director of the Serious Fraud Office” substitute
“, the Director of the Serious Fraud Office or the chief officer of police of a
police force in England and Wales”.

(4) 10In subsection (12), after the definition of “partnership” (but before the final
“and”) insert—

• ““police-initiated serious crime prevention order” means a
  serious crime prevention order that was made on the
  application of the chief officer of police of a police force in
  15England and Wales;”.

8 (1) Section 27A (powers to wind up companies etc: Scotland) is amended as
follows.

(2) After subsection (1) insert—

“(1A) The chief constable of the Police Service of Scotland may present a
20petition to the court for the winding up of a company or relevant
body, or the dissolution of a partnership, if—

(a) the company, relevant body or partnership has been
convicted of an offence under section 25 in relation to a
serious crime prevention order that was made on the
25application of the chief constable; and

(b) the chief constable considers that it would be in the public
interest for the company or (as the case may be) relevant body
to be wound up or the partnership to be dissolved.”

(3) In subsection (3), at the end insert “or the chief constable of the Police Service
30of Scotland”.

9 (1) Section 28 (powers to wind up companies etc: Northern Ireland) is amended
as follows.

(2) After subsection (1) insert—

“(1A) The Chief Constable of the Police Service of Northern Ireland may
35present a petition to the court for the winding up of a company,
partnership or relevant body if—

(a) the company, partnership or relevant body has been
convicted of an offence under section 25 in relation to a
serious crime prevention order that was made on the
40application of the Chief Constable; and

(b) the Chief Constable considers that it would be in the public
interest for the company, partnership or (as the case may be)
relevant body to be wound up.”

(3) In subsection (3), at the end insert “or the Chief Constable of the Police
45Service of Northern Ireland”.

10 In section 43 (index of defined expressions for Part 1), at the appropriate

place insert—

11 (1) Schedule 2 (functions of applicant authorities under Part 1) is amended as
follows.

(2) 5After paragraph 15 insert—

““Chief officers of police in England and Wales

15A The functions of a chief officer of police of a police force in England
and Wales (referred to in this paragraph and paragraph 15B as a
“chief officer”) are—

(a) 10to have the conduct of applications for serious crime
prevention orders in England and Wales that are
terrorism-related or for their variation or discharge;

(b) to appear on any application made under section 17 or 18
by another person for the variation or discharge of a
15serious crime prevention order in England and Wales that
is terrorism-related;

(c) to have the conduct of, or (as the case may be) appear in,
any other proceedings in connection with serious crime
prevention orders in England and Wales that are
20terrorism-related (whether proceedings on appeal, by
virtue of section 27 or otherwise);

(d) to give advice in connection with any proceedings or
possible proceedings in connection with serious crime
prevention orders in England and Wales that are
25terrorism-related; and

(e) to do anything for the purposes of, or in connection with,
the functions in paragraphs (a) to (d).

15B (1) A chief officer may, to such extent as they may decide, delegate the
exercise of their functions under this Part to any police officer of at
30least the rank of superintendent.

(2) References in this Part to a chief officer are accordingly to be read,
so far as necessary for the purposes of sub-paragraph (1), as
references to a chief officer or any police officer of at least the rank
of superintendent.

35The chief constable of the Police Service of Scotland

15C The functions of the chief constable of the Police Service of
Scotland are—

(a) to have the conduct of applications for serious crime
prevention orders in Scotland that are terrorism-related
40and are made to the Court of Session, or for their variation
or discharge;

(b) to appear on any application made under section 17 or 18
by another person for the variation or discharge of a