Counter-Terrorism and Sentencing Bill (HC Bill 129)

Counter-Terrorism and Sentencing BillPage 100

serious crime prevention order in Scotland 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
5prevention orders in Scotland that are terrorism-related
(whether proceedings on appeal, by virtue of section 27A
or otherwise);

(d) to give advice in connection with any proceedings or
possible proceedings in connection with serious crime
10prevention orders in Scotland that are terrorism-related;
and

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

15D (1) The chief constable of the Police Service of Scotland (“the chief
15constable”) may, to such extent as they may decide, delegate the
exercise of their functions under this Part to any police officer of at
least the rank of superintendent.

(2) References in this Part to the chief constable are accordingly to be
read, so far as necessary for the purposes of sub-paragraph (1), as
20references to the chief constable or any police officer of at least the
rank of superintendent.”

(3) After paragraph 20 insert—

“The Chief Constable of the Police Service of Northern Ireland

20A The functions of the Chief Constable of the Police Service of
25Northern Ireland are—

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

(b) to appear on any application made under section 17 or 18
30by another person for the variation or discharge of a
serious crime prevention order in Northern Ireland 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
35prevention orders in Northern Ireland that are terrorism-
related (whether proceedings on appeal, by virtue of
section 28 or otherwise);

(d) to give advice in connection with any proceedings or
possible proceedings in connection with serious crime
40prevention orders in Northern Ireland that are terrorism-
related; and

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

20B (1) The Chief Constable of the Police Service of Northern Ireland (“the
45Chief Constable”) may, to such extent as they may decide,
delegate the exercise of their functions under this Part to any
police officer of at least the rank of superintendent.

Counter-Terrorism and Sentencing BillPage 101

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

Section 48

5SCHEDULE 13 Consequential and related amendments

Part 1 Offences aggravated by terrorist connection

Terrorism Act 2000 (c. 11)2000 (c. 11)

1 (1) 10The Terrorism Act 2000 is amended as follows.

(2) In section 23A(4) (application of forfeiture provisions to offences with
terrorist connection), in the words before paragraph (a), omit the words
from “specified” to “considered)”.

(3) In Schedule 4 (forfeiture orders)—

(a) 15in paragraph 1, in the definition of “relevant offence”, in paragraph
(c), for the words from “specified” to the end substitute “within
section 69(4) or (5) of the Sentencing Code (offences where terrorist
connection to be treated as aggravating factor)”;

(b) in paragraph 15, in the definition of “relevant offence”, in paragraph
20(c), for the words from “specified” to the end substitute “within
section 31(4A) or (4B) of the Counter-Terrorism Act 2008 (offences
where terrorist connection to be treated as aggravating factor)”.

Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)

2 (1) The Counter-Terrorism Act 2008 is amended as follows.

(2) 25Omit section 33 (power to amend Schedule 2).

(3) In section 42 (application of notification provisions to offences with terrorist
connection), omit subsection (4).

(4) In Schedule 2 (offences aggravated by terrorist connection)—

(a) in the heading, after “Offences” insert “committed before the
30commencement of section 1 of the Counter-Terrorism and
Sentencing Act 2020”;

(b) in the entry relating to the Nuclear Material (Offences) Act 1983, in
paragraph (c), omit “, so far as relating to an offence specified in this
Schedule”.

35Space Industry Act 2018 (c. 5)2018 (c. 5)

3 Paragraph 29 of Schedule 12 to the Space Industry Act 2018 (addition of
offences to Schedule 2 to the Counter-Terrorism Act 2008) is repealed to the
extent that it is not yet in force when section 1 of this Act comes into force.

Counter-Terrorism and Sentencing BillPage 102

Counter-Terrorism and Border Security Act 2019 (c. 3)2019 (c. 3)

4 In section 25(2) of the Counter-Terrorism and Border Security Act 2019
(transitional provision about amendments to do with offences aggravated
by terrorist connection), omit “or 8”.

5Sentencing (Pre-consolidation Amendments) Act 2020

5 In Schedule 2 to the Sentencing (Pre-consolidation Amendments) Act 2020,
omit paragraph 132 (power to amend Schedule 2 to the Counter-Terrorism
Act 2008).

Sentencing Act 2020

6 (1) 10The Sentencing Act 2020 is amended as follows.

(2) In the table in section 160(2) (list of forfeiture powers), in the entry for section
23A of the Terrorism Act 2000, in the second column, omit “specified in
Schedule 1 to this Act”.

(3) In Schedule 1 (offences aggravated by terrorist connection)—

(a) 15in the heading, after “Offences” insert “committed before the
commencement of section 1 of the Counter-Terrorism and
Sentencing Act 2020”;

(b) in paragraph 9(c), omit “, so far as relating to an offence specified in
this Schedule”.

(4) 20In Schedule 23, omit Part 1 (power to amend Schedule 1).

Part 2 Serious terrorism sentence: England and Wales

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

7 (1) The Criminal Justice Act 2003 is amended as follows.

(2) 25In section 237 (as amended by the Sentencing Act 2020) (meaning of “fixed-
term prisoner”)—

(a) in subsection (1)(b), for “266, 278 or 279” substitute “266 or 268A”;

(b) in subsection (3), for “or 266” substitute “, 266 or 268A”.

(3) In section 240ZA (as amended by the Sentencing Act 2020) (time remanded
30in custody to count as time served), in subsection (11), for “or 266” substitute
“, 266 or 268A”.

(4) In section 247A (as amended by the Sentencing Act 2020) (restricted
eligibility for early release for terrorist prisoners)—

(a) in subsection (6), for “278 or 279” substitute “268A, 278, 279 or 282A”;

(b) 35in subsection (8), in the definition of “the appropriate custodial
term”, for “278 or 279” substitute “268A, 278, 279 or 282A”.

(5) In section 250 (as amended by the Sentencing Act 2020) (licence
conditions)—

(a) in subsection (4)—

(i) 40for “or 279” substitute “, 279 or 282A”;

Counter-Terrorism and Sentencing BillPage 103

(ii) for “or 266” substitute “, 266 or 268A”;

(b) in subsection (5A), before paragraph (a) insert—

(za) a prisoner serving a serious terrorism sentence
imposed under section 268A or 282A of the
5Sentencing Code,”.

(6) In section 255A (further release after recall)—

(a) in subsection (2), after “extended sentence prisoner” insert “or a
serious terrorism prisoner”;

(b) after subsection (7) insert—

(7A) 10A “serious terrorism prisoner” is a prisoner serving a serious
terrorism sentence imposed under section 268A or 282A of
the Sentencing Code.”

(7) In section 258 (as amended by the Sentencing Act 2020) (early release for fine
defaulters etc), in subsection (3A), for “or 266” substitute “, 266 or 268A”.

(8) 15In section 263 (as amended by the Sentencing Act 2020) (concurrent terms)
in subsection (4), for “or 266” substitute “, 266 or 268A”.

Offender Management Act 2007 (c. 21)Offender Management Act 2007 (c. 21)

8 In section 28(3) of the Offender Management Act 2007 (as amended by the
Sentencing Act 2020) (custodial sentences where polygraph condition may
20be imposed on release on licence), in paragraph (a), after “279” insert “or
282A”.

Sentencing Act 2020

9 (1) The Sentencing Act 2020 is amended as follows.

(2) In section 166(5) (periods of extension of driving disqualification order
25where custodial sentence imposed)—

(a) after entry 4 in the table insert—

“4A a serious terrorism sentence of
detention in a young offender
institution
the term imposed pursuant to
section 268C(2) (the appropriate
custodial term)”;

(b) 30after entry 6 in the table insert—

“6A a serious terrorism sentence of
imprisonment
the term imposed pursuant to
section 282C(2) (the appropriate
custodial term)”.

(3) In section 221 (overview of Part 10)—

(a) 35in subsection (3)(a)—

(i) omit the “and” at the end of sub-paragraph (ii);

(ii) at the end of sub-paragraph (iii) insert and

(iv) serious terrorism sentences,”.

(b) in subsection (4), after paragraph (c) (but before the final “and”)

Counter-Terrorism and Sentencing BillPage 104

insert—

(ca) serious terrorism sentences,”.

(4) In section 231 (length of discretionary custodial sentences: general)—

(a) in the italic heading before subsection (3), for “mandatory sentences
5and extended sentences” substitute “certain sentences”;

(b) after subsection (6) insert—

(6A) Subsection (2) does not apply where the custodial sentence is
a serious terrorism sentence, except as provided in sections
268C(2)(b) and 282C(2)(b) (determination of appropriate
10custodial period where longer than the 14-year minimum).”

(5) In section 263 (term of detention in a young offender institution), in
subsection (4), at the end insert—

(c) section 268B (serious terrorism sentence).”

(6) In section 265(1) (circumstances in which special custodial sentence for
15certain young adult offenders of particular concern is required), in
paragraph (c)—

(a) in the words before sub-paragraph (i), for “either” substitute “any”;

(b) after sub-paragraph (i) (but before the final “or”) insert—

(“ia) a serious terrorism sentence under section
20268A,”.

(7) In section 267(1) (availability of extended sentence of detention), after
paragraph (d) (but before the final “and”) insert—

(da) the court is not required by section 268B to impose a serious
terrorism sentence for the offence or for an offence associated
25with it,”.

(8) In section 273 (custody for life for second listed offence)—

(a) in subsection (4), after “266” insert “or 268A”;

(b) after subsection (7) insert—

(7A) A serious terrorism sentence is relevant for the purposes of
30subsection (5)(b).”;

(c) in subsection (12), at the end insert—

  • ““serious terrorism sentence” means—

    (a)

    a sentence imposed under section 268A
    (including one imposed as a result of section
    35219ZA of the Armed Forces Act 2006), or

    (b)

    an equivalent sentence imposed under the law
    of Scotland, Northern Ireland or a member
    State.”

(9) In section 278 (special custodial sentence for offenders of particular
40concern), in subsection (1)(c)—

(a) in the words before sub-paragraph (i), for “either” substitute “any”;

(b) after sub-paragraph (i) (but before the final “or”) insert—

(“ia) a serious terrorism sentence under section
282A,”.

(10) 45In section 280(1) (availability of extended sentence of imprisonment), after

Counter-Terrorism and Sentencing BillPage 105

paragraph (d) (but before the final “and”) insert—

(da) the court is not required by section 282B to impose a serious
terrorism sentence for the offence or for an offence associated
with it,”.

(11) 5In section 283 (life sentence for second listed offence)—

(a) in subsection (4), after “279” insert “or 282A”;

(b) after subsection (7) insert—

(7A) A serious terrorism sentence is relevant for the purposes of
subsection (5)(b).”;

(c) 10in subsection (12), at the end insert—

  • ““serious terrorism sentence” means—

    (a)

    a sentence imposed under section 282A
    (including one imposed as a result of section
    219ZA of the Armed Forces Act 2006), or

    (b)

    15an equivalent sentence imposed under the law
    of Scotland, Northern Ireland or a member
    State.”

(12) In section 308 (assessment of dangerous), in subsection (1), after paragraph
(a) insert—

(aa) 20section 268B or 282B (serious terrorism sentence);”

(13) In section 329 (conversion of sentence of detention to sentence of
imprisonment)—

(a) in subsection (3) (as amended by Part 4 of this Schedule), for “(5)”
substitute “(5A)”;

(b) 25after subsection (5) insert—

(5A) If the relevant custodial sentence is a serious terrorism
sentence of detention in a young offender institution, the
offender is to be treated as if sentenced to a serious terrorism
sentence of imprisonment under section 282A.”;

(c) 30in subsection (7), after paragraph (e) insert—

(ea) a serious terrorism sentence of detention in a young
offender institution (see section 268A);”.

(14) In section 397(1) (interpretation), after the definition of “sentencing
guidelines” insert—

  • 35“serious terrorism sentence” means a sentence under—

    (a)

    section 268A (serious terrorism sentence of detention
    in young offender institution for adults aged under
    21), or

    (b)

    section 282A (serious terrorism sentence of
    40imprisonment);”.

(15) In section 399 (mandatory sentences), after paragraph (b) (but before the
final “or”) insert—

(ba) the court is obliged by section 268B or 282B to impose a
serious terrorism sentence,”.

Counter-Terrorism and Sentencing BillPage 106

Part 3 Offences attracting special custodial sentence: England and Wales

Sentencing Act 2020

10 (1) The Sentencing Act 2020 is amended as follows.

(2) 5In section 398 (ancillary or inchoate offences), in subsection (4), in the words
after paragraph (b), for “9” substitute “8 or 12”.

(3) In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph
45(5).

Part 4 10Sentence for offenders of particular concern aged under 18 at time of
offence: England and Wales

Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)

11 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 24A(5)(b) (as amended by the Sentencing Act 2020) (explanation
15of sentencing powers if offender aged under 18 pleads guilty)—

(a) after “16” insert “, 16A”;

(b) after “16(1)(c)” insert “, 16A(1)(c)”.

(3) In section 113(3) (as amended by the Sentencing Act 2020) (no bail pending
appeal for accused committed to Crown Court), after “16” insert “, 16A”.

20Mental Health Act 1983 (c. 20)1983 (c. 20)

12 In section 43(4) of the Mental Health Act 1983 (as amended by the Sentencing
Act 2020) (modification of magistrates’ court’s powers of committal), for “or
16” substitute “, 16 or 16A”.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

13 25In section 51A(3) of the Crime and Disorder Act 1998 (conditions for sending
offender aged under 18 to Crown Court for trial), after paragraph (b)
insert—

(ba) that the offence is such as is mentioned in section 252A(1)(a)
of the Sentencing Code and the court considers that if he is
30found guilty of the offence it ought to be possible to sentence
him under that section to a term of detention of more than
two years;”.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

14 In section 70(5) of the Proceeds of Crime Act 2002 (as amended by the
35Sentencing Act 2020) (duty to state whether committal would have been
made on grounds other than confiscation), after “16(2)” insert “or 16A(2)”.

Counter-Terrorism and Sentencing BillPage 107

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

15 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 237(1)(b) (as amended by the Sentencing Act 2020) (offender
sentenced to youth detention to count as fixed-term prisoner), after “250”
5insert “, 252A”.

(3) In section 240ZA(11) (as amended by the Sentencing Act 2020) (time
remanded in custody to count towards term of youth detention), after “250,”
insert “252A,”.

(4) In section 247A (as amended by the Sentencing Act 2020) (eligibility for
10release on licence of terrorist prisoners)—

(a) in subsection (6), after “or under section” insert “252A,”;

(b) in subsection (8), in the definition of “the appropriate custodial
term”, and in paragraph (a) of the definition of “the requisite
custodial period”, after “or under section” insert “252A,”.

(5) 15In section 250 (as amended by the Sentencing Act 2020) (licence
conditions)—

(a) in subsection (4), after “250,” insert “252A,”;

(b) in subsection (5A)(b), after “or under section” insert “252A,”.

(6) In section 258(3A) (as amended by the Sentencing Act 2020) (no duty to
20release fine defaulter or contemnor also serving term of youth detention),
after “250” insert “, 252A”.

(7) In section 264(6A) (custodial periods to be aggregated in case of consecutive
terms served by terrorist prisoner), in paragraph (a), after “236A” insert “or
section 252A of the Sentencing Code”.

25Armed Forces Act 2006 (c. 52)2006 (c. 52)

16 In section 188(4) of the Armed Forces Act 2006 (as amended by the
Sentencing Act 2020) (consecutive sentence may be passed on offender
serving term of youth detention), in paragraph (b), after “250” insert “or
252A”.

30Offender Management Act 2007 (c. 21)2007 (c. 21)

17 In section 28(3) of the Offender Management Act 2007 (custodial sentences
where polygraph condition may be imposed on release on licence)—

(a) omit the “or” before paragraph (f);

(b) at the end of that paragraph insert or

(g) 35a sentence of detention under section 252A of the
Sentencing Code.”

Sentencing Act 2020

18 (1) The Sentencing Act 2020 is amended as follows.

Counter-Terrorism and Sentencing BillPage 108

(2) After section 16 insert—

16A Committal for sentence of young offenders on summary trial of certain
terrorist offences

(1) This section applies where—

(a) 5on summary trial of an offence within section 252A(1)(a)
(terrorism offences attracting special sentence for offenders
of particular concern), a person is convicted of the offence,

(b) the person is aged under 18 at the time of conviction, and

(c) the court is of the opinion that—

(i) 10the offence, or

(ii) the combination of the offence and one or more
offences associated with it,

was such that the Crown Court should have power to deal
with the offender by imposing a sentence of detention under
15section 252A for a term of more than two years.

(2) The court may commit the offender in custody or on bail to the
Crown Court for sentence in accordance with section 22(2).

(3) For powers of the court, where it commits a person under subsection
(2), also to commit in respect of other offences, see section 20.”

(3) 20In section 17(4) (power to commit dangerous young offender for sentence
not to affect other powers of committal), after “16” insert “, 16A”.

(4) In section 19 (committal for sentence on indication of guilty plea by child
with related offences)—

(a) in subsection (1)(b), at the end insert “or section 252A(1)(a) (terrorism
25offences attracting special sentence for offenders of particular
concern)”;

(b) in subsection (2)(a), after “249(1)” insert “or within section
252A(1)(a)”;

(c) in subsection (3)(b), after “16(2)” insert “, 16A(2)”.

(5) 30In section 22 (powers of Crown Court where offender aged under 18
committed for sentence)—

(a) in the heading, after “16,” insert “16A,”;

(b) in subsection (1), after paragraph (a) insert—

(aa) section 16A(2) (committal for sentence of young
35offenders on summary trial of certain terrorist
offences),”;

(c) in subsection (4)(b), after “16(2)” insert “, 16A(2)”.

(6) In section 166(5) (periods of extension of driving disqualification order
where custodial sentence imposed), after entry 1 in the table insert—

“1A a sentence of detention
under section 252A (special
sentence of detention for
terrorist offenders of
particular concern)
40two-thirds of the term
imposed pursuant to section
252A(5) (the appropriate
custodial term)”.

(7) 45In section 221(2) (kinds of custodial sentence dealt with by Chapter 2 of Part
10), after paragraph (b) insert—

(ba) special sentences of detention for terrorist offenders of
particular concern (section 252A);”.

(8) In section 225 (restriction on consecutive sentences for released prisoners),
50in subsection (3)(c), after sub-paragraph (i) insert—

(“ia) section 252A,”.

(9) In section 226(2)(b) (sentences which may not be imposed on offender aged
under 21 without representation), after “(or 254)” insert “, under section
252A”.

(10) 55In section 234(1)(c) (sentences to be considered before detention and training
order), after sub-paragraph (i) (but before the final “or”) insert—

(“ia) a sentence of detention under section 252A,”.

(11) In section 241(6) (modification of order for release from detention and
training order where offender subject to another sentence), in paragraph (b),
60after sub-paragraph (i) insert—

(“ia) a sentence of detention under section 252A,”.

(12) In section 248(4) (meaning of “relevant sentence of detention”), after
paragraph (a) insert—

(aa) a sentence of detention under section 252A,”.

(13) 65In section 249(1) (availability of sentence of detention under section 250),
after “table” insert “(but the court is not required to pass a sentence of
detention under section 252A)”.

(14) Before section 253, insert as an italic heading, “Sentences of detention passed
during detention and training order”.

(15) 70In section 253 (effect of sentence of detention where offender already subject
to detention and training order), in subsection (1), after “250” insert “or
252A”.

(16) In section 255(1)(a) (offences for which extended sentence of detention
available), for sub-paragraph (ii) substitute—

(“ii) 75is one for which a sentence of detention is available
under section 250 or 252A (see the table in section
249(1) and section 252A(1)(a) and (b)),”.

(17) In section 260 (place and conditions of detention), in the heading and in
subsection (1), after “250” insert “, 252A”.

(18) 80In section 265 (special sentence of detention in young offender institution for
offenders of particular concern), after subsection (3) insert—

(4) Where an offence is found to have been committed over a period of
2 or more days, or at some time during a period of 2 or more days, it
must be taken for the purposes of subsection (1A) to have been
85committed on the last of those days.”

(19) In section 278 (special sentence of imprisonment for offenders of particular
concern), after subsection (3) insert—

(4) Where an offence is found to have been committed over a period of
2 or more days, or at some time during a period of 2 or more days, it

Counter-Terrorism and Sentencing BillPage 109

must be taken for the purposes of subsection (1A) to have been
committed on the last of those days.”

(20) In section 311(3) (appropriate type of sentence where minimum sentence for
firearms offence imposed), after “250” insert “or, in a case to which section
5252A applies, under that section”.

(21) In section 312 (minimum sentence for threatening with weapon or bladed
article), after subsection (3) insert—

(4) This section is subject to section 252A.”

(22) In section 315 (minimum sentence for repeat offence involving weapon or
10bladed article), after subsection (5) insert—

(6) This section is subject to section 252A.”

(23) In section 325(5) (sentences where certain time on bail to count towards
term), in paragraph (c), after “section 250” insert “, 252A”.

(24) In section 327(2) (sentences where time in custody awaiting extradition to
15count towards term), in paragraph (c), after “section 250” insert “, 252A”.

(25) In section 329 (conversion of sentences of detention to imprisonment)—

(a) in subsection (3), for “(4) and” substitute “(4) to”;

(b) after subsection (4) insert—

(4A) If the relevant custodial sentence is—

(a) 20a sentence of detention under section 252A, or

(b) a sentence of detention in a young offender institution
under section 265,

the offender is to be treated as if sentenced to a sentence of
imprisonment under section 278.”;

(c) 25in subsection (7), after paragraph (a) insert—

(aa) a sentence of detention under section 252A;”.

(26) In Schedule 27 (transitional provision and savings), in paragraph 15(2),
before paragraph (a) insert—

(za) the reference in section 252A(1)(c)(i) to a sentence of
30detention for life under section 250 includes a reference to
a sentence of detention for life under section 91 of the
Powers of Criminal Courts (Sentencing) Act 2000;

(zb) the reference in section 252A(1)(c)(ii) to an extended
sentence of detention under section 254 includes a
35reference to an extended sentence of detention under
section 226B of the Criminal Justice Act 2003;”.

Part 5 Amendments in relation to release: England and Wales

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

19 40In section 106A(6) of the Powers of Criminal Courts (Sentencing) Act 2000
(Parole Board directions when detention and training order to take effect on
release from sentence of detention), after “under that section” insert “or
paragraph”.