Counter-Terrorism and Sentencing Bill (HC Bill 129)

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

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

(2) In section 247A (restricted eligibility for release on licence of terrorist
prisoners)—

(a) 5in subsection (2)—

(i) in the words before paragraph (a), for “whether it was
committed before or after this section comes into force”
substitute “whenever it was committed”;

(ii) for paragraphs (b) and (c) substitute—

“(b) 10it is a service offence as respects which the
corresponding civil offence is so specified, or

(c) it was determined to have a terrorist
connection.”;

(b) after subsection (7) insert—

“(7A) 15For the purposes of this section, an offence was determined
to have a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) section 69 of the Sentencing Code (including
as applied by section 238(6) of the Armed
20Forces Act 2006),

(ii) section 30 of the Counter-Terrorism Act 2008
(in the case of an offender sentenced in
England and Wales before the Sentencing
Code applied, or an offender sentenced in
25Northern Ireland but now subject to the
provisions of this Chapter), or

(iii) section 32 of that Act (in the case of a person
sentenced for a service offence before the
Sentencing Code applied), or

(b) 30proved to have been aggravated by reason of having
a terrorist connection under section 31 of the Counter-
Terrorism Act 2008 (in the case of an offender
sentenced in Scotland but now subject to the
provisions of this Chapter).”;

(c) 35in subsection (8), in the final definition, for “, “corresponding civil
offence” and “service court”” substitute “and “corresponding civil
offence””;

(d) in subsection (9) (transitional provision for pre-commencement
referrals of terrorist prisoners), in paragraph (a), for “sentence”
40substitute “period”;

(e) after subsection (10) insert—

“(10A) In the case of a prisoner to whom this section applies as a
result of the amendments made by paragraph 20 of Schedule
13 to the Counter-Terrorism and Sentencing Act 2020, the
45references in subsections (9) and (10) to the date on which this
section comes into force are to be read as references to the
date on which that paragraph comes into force.”

(3) In section 264(6A) (custodial periods to be aggregated in case of consecutive
terms served by terrorist prisoner)—

(a) before paragraph (a) insert—

“(za) in relation to a sentence within subsection (2A) of that
section, the whole of the “appropriate custodial term”
within the meaning of that section (see subsection (8)
5of that section),”;

(b) in paragraph (a), after “extended sentence” insert “(not being one to
which paragraph (za) applies)”.

(4) In section 264AA(2) (as inserted by the Sentencing Act 2020) (Parole Board
directions when detention and training order to take effect on release from
10sentence of detention), after “under that section” insert “or paragraph”.

(5) In Schedule 19ZA (offences carrying restricted eligibility for release on
licence), omit Part 2.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

21 In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
152012 (power to alter test for discretionary release on licence)—

(a) in subsection (2), in paragraphs (bb) and (c), after “terrorist prisoner”
insert “eligible for discretionary release”;

(b) in subsection (6)—

(i) in the definitions of “extended sentence prisoner” and
20“section 236A prisoner”, for “a terrorist prisoner” substitute
“one to whom section 247A of the Criminal Justice Act 2003
applies”;

(ii) in the definition of “terrorist prisoner”—

(a) after “terrorist prisoner” insert “eligible for
25discretionary release”;

(b) after “247A” insert “(3) to (5)”.

Part 6 Consequential and related amendments: Scotland

Repatriation of Prisoners Act 1984 (c. 47)1984 (c. 47)

22 30In section 2(4)(b)(ii) of the Repatriation of Prisoners Act 1984 (provision that
may be included in direction varying order requiring certain prisoners to be
detained), after “or (4),” insert “1AB”.

Prisons (Scotland) Act 1989 (c. 45)Prisons (Scotland) Act 1989 (c. 45)

23 In section 39(7B) of the Prisons (Scotland) Act 1989 (rules for the
35management of prisons and other institutions: application in relation to
extended sentence)—

(a) after “above to” insert—

“(a) a prisoner subject to a sentence under section 205ZA
or 205ZC of the 1995 Act (sentences for terrorism
40offences), the reference to the prisoner’s sentence is to
be construed as a reference to the appropriate
custodial term of the sentence concerned, and

(b) ”;

(b) for “the 1995” substitute “that”.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)1993 (c. 9)

24 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as
follows.

(2) In section 1AB (restricted eligibility for release on licence of terrorist
5prisoners)—

(a) in subsection (2)—

(i) in the words before paragraph (a), for “whether it was
committed before or after this section comes into force”
substitute “whenever it was committed”;

(ii) 10for paragraphs (b) and (c) substitute—

“(b) it is a service offence as respects which the
corresponding civil offence is so specified, or

(c) it was determined to have a terrorist
connection.”;

(b) 15after subsection (5) insert—

“(5A) For the purposes of this section, an offence was determined
to have a terrorist connection if it was—

(a) proved to have been aggravated by reason of having
a terrorist connection under section 31 of the Counter-
20Terrorism Act 2008, or

(b) determined to have a terrorist connection under—

(i) section 30 or 32 of that Act, or

(ii) section 69 of the Sentencing Code (including
as applied by section 238(6) of the Armed
25Forces Act 2006),

(in the case of an offender sentenced in England and
Wales or Northern Ireland, or for a service offence,
but now subject to the provisions of this Part).”

(c) in subsection (6), for “, “corresponding civil offence” and “service
30court”” substitute “and “corresponding civil offence””.

(3) In section 1A (application to persons serving more than one sentence), after
subsection (2) insert—

“(3) Where a prisoner who is serving a term of imprisonment in respect
of an offence within section 1AB(2) receives a sentence of
35imprisonment or other detention which is to take effect on the day
after the day on which the prisoner would (but for the sentence so
received) be entitled to be released from the term, nothing in this Part
requires—

(a) the Scottish Ministers to release the prisoner in respect of any
40such term unless and until they are required to release the
prisoner in respect of the sentence so received, or

(b) the Scottish Ministers or the Parole Board to consider the
prisoner’s release in respect of any such term unless and until
the Scottish Ministers are or the Parole Board is required to
45consider the prisoner’s release, or the Scottish Ministers are
required to release the prisoner, in respect of the sentence so
received.

(4) Where a prisoner who is serving any term of imprisonment receives
a sentence of imprisonment or other detention in respect of an
offence within section 1AB(2) which is to take effect on the day after
the day on which the prisoner would (but for the sentence so
5received) be entitled to be released from the term, nothing in this Part
requires—

(a) the Scottish Ministers to release the prisoner in respect of any
such term unless and until they are required to release the
prisoner in respect of the sentence so received, or

(b) 10the Scottish Ministers or the Parole Board to consider the
prisoner’s release in respect of any such term unless and until
the Scottish Ministers are or the Parole Board is required to
consider the prisoner’s release, or the Scottish Ministers are
required to release the prisoner, in respect of the sentence so
15received.”

(4) In section 2 (duty to release discretionary life prisoners)—

(a) in subsection (2)—

(i) in the opening words, after “being” insert “, subject to section
205ZB(2) of the 1995 Act,”;

(ii) 20in paragraph (c), after “appropriate” insert “(and except in
the case of a prisoner to whom section 205ZB of the 1995 Act
applies)”;

(b) in subsection (6), for “subsection (7)” substitute “subsections (6B) and
(7)”;

(c) 25after subsection (6A) insert—

“(6B) No requirement may be made under subsection (6) by a life
prisoner who is also serving or liable to serve a sentence of
imprisonment in respect of an offence within section 1AB(2)
before the day on which the Scottish Ministers are required to
30refer the prisoner’s case to the Parole Board under section
1AB(3).”;

(d) in subsection (7), after “prisoner” insert “(other than a prisoner to
whom subsection (6B) applies)”.

(5) In section 5 (application of Part to fine defaulters and persons in contempt of
35court)—

(a) in subsection (2), omit the words “Subject to subsection (2A),”;

(b) omit subsection (2A).

(6) In section 9 (persons liable to removal from the United Kingdom), omit
subsection (1A).

(7) 40In section 27 (interpretation of Part 1 of the Act)—

(a) in subsection (5), after “shall” insert “, subject to subsection (5A),”;

(b) after subsection (5) insert—

“(5A) Subsection (5) does not apply in any case where a sentence is
passed on a person in respect of an offence within section
451AB(2).”

(8) In Schedule 1A (offences carrying restricted eligibility for release on licence),
omit Part 2.

Criminal Procedure (Scotland Act) 1995 (c. 46)1995 (c. 46)

25 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 44(1) (detention of children), at the beginning insert “Subject to
section 205ZC,”.

(3) 5In section 207(2) (detention of young offenders), after “205(2) and (3)” insert
“, 205ZA(6), 205ZC(4)”.

(4) In section 208(1) (detention of children convicted on indictment), for “section
205” substitute “sections 205 and 205ZC(5)”.

(5) In section 210A(1) (extended sentences for sex, violent and terrorist
10offenders)—

(a) omit “and” after paragraph (a);

(b) after paragraph (b) insert “and

(c) is not required by section 205ZA to impose a serious
terrorism sentence of imprisonment or a serious
15terrorism sentence of detention,”.

Crime (Sentences) Act 1997 (c. 43)1997 (c. 43)

26 In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
the British Islands), in each of paragraphs 10(2)(a) and 11(2)(a), after “1AA,”
insert “1AB,”.

20International Criminal Court (Scotland) Act 2001 (asp 13)2001 (asp 13)

27 In section 24(c) of the International Criminal Court (Scotland) Act 2001
(disapplication of transfer and release provisions of the Prisoners and
Criminal Proceedings (Scotland) Act 1993 in relation to certain persons
detained in Scotland), after “1AA,” insert “1AB,”.

25Extradition Act 2003 (c. 41)2003 (c. 41)

28 In each of the following provisions of the Extradition Act 2003 (which set out
the circumstances in which a person is entitled to be released from detention
for the purposes of the section), after “1AA” insert “, 1AB”—

(a) section 59(11)(c),

(b) 30section 132(11)(c), and

(c) section 153B(10)(a)(iii).

Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)2007 (asp 17)

29 In Schedule 6 to the Custodial Sentences and Weapons (Scotland) Act 2007
(transitory modifications of Part 1 of the Prisoners and Criminal Proceedings
35(Scotland) Act 1993), in paragraph 4, in the inserted section 9B, after
subsection (6) insert—

“(7) This section does not apply in relation to a person to whom section
1AB applies.”

Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)2020 (c. 3)

30 In section 4 of the Terrorist Offenders (Restriction of Early Release) Act 2020
(disapplication of certain existing release provisions: Scotland), omit
subsections (5) and (7).

5Part 7 Serious terrorism sentence and extended custodial sentence: Northern
Ireland

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1))

31 (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) 10In Article 3 (interpretation of Part 2 (sentencing)), in paragraph (1), after the
definition of “serious harm” insert—

• “““serious terrorism sentence” has the meaning given by Article
  13A;”.

(3) In Article 4 (interpretation of Chapter 2 (custodial sentences))—

(a) 15in paragraph (1) (as amended by Part 8 of this Schedule), in
paragraph (c) of the definition of “custodial sentence”, after
“13(4)(b),” insert “13A(6),”;

(b) in paragraph (2), after sub-paragraph (a) insert—

“(aa) a sentence falls to be imposed under Article 13A if,
20because the court is of the opinions mentioned in
paragraph (1)(d) and (3) of that Article and is not of
the opinion mentioned in paragraph (2) of that
Article, the court is obliged to pass a sentence
complying with that Article;”.

(4) 25In Article 5(1)(b) (sentences not subject to general restriction on imposing
custody), in paragraph (i), for “or 14” substitute “, 13A or 14”.

(5) In Article 7(2) (as amended by Part 8 of this Schedule) (custodial term to be
shortest commensurate with seriousness of offence), in paragraph (2), after
“Articles” insert 13A,”.

(6) 30In Article 8(1)(a) (as amended by Part 8 of this Schedule) (setting of custodial
period), after “other than” insert “a serious terrorism sentence,”.

(7) In Article 9(2) (pre-sentence reports before forming opinion as to
dangerousness), after “13(1)(b)” insert “, 13A(1)(d)”.

(8) In Article 13(3) (duty to impose indeterminate custodial sentence), in the
35words before paragraph (a), after “extended custodial sentence” insert “or a
serious terrorism sentence”.

(9) In Article 14 (extended custodial sentences)—

(a) in paragraph (1)(b)—

(i) at the end of paragraph (i), for “; and” substitute “or serious
40terrorism offences;”;

(ii) in paragraph (ii), after “specified offence” insert “or serious
terrorism offence”;

(iii) at the end of paragraph (ii) insert “; and

(iii) where the offence, or an offence
associated with it, is a serious
terrorism offence, that the case is not
5one in which the court is required by
Article 13A to pass a serious terrorism
sentence.”;

(b) in paragraphs (3)(b) and (5)(b), after “specified offences” insert “or
serious terrorism offences”;

(c) 10in paragraph (10), for the words from “that is” to the end substitute
“with which the offence is punishable (apart from Article 13)”.

(10) In Article 15(1) (cases where assessment of dangerousness required)—

(a) in sub-paragraph (a), after “specified offence” insert “or serious
terrorism offence”;

(b) 15in sub-paragraph (b), after “13” insert “, 13A”.

(11) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in
paragraph (c) of the definition of “custodial sentence” (as amended by Part
8 of this Schedule), after “13(4)(b),” insert “13A(6),”.

(12) In Article 33(6) (custodial periods to be aggregated in case of consecutive
20sentences), in sub-paragraph (a)(i) (as amended by Part 8 of this Schedule)—

(a) after “in relation to” insert “a serious terrorism sentence,”;

(b) after “Article” insert “13A,”.

Part 8 Terrorism sentence with fixed licence period: Northern Ireland

25Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1))

32 (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In Article 3 (interpretation of Part 2 (sentencing))—

(a) in paragraph (1), before the definition of “community sentence”
insert—

• 30“““Article 15A terrorism sentence” means a sentence
  under Article 15A;”;

(b) after paragraph (4) insert—

“(5) For the purposes of this Part, references to an offence
punishable with imprisonment for a certain term are to be
35read as references to offences that are punishable with
imprisonment for that term on conviction on indictment in
the case of an offender aged 21 or over.”

(3) In Article 4 (interpretation of Chapter 2 (custodial sentences))—

(a) in paragraph (1), in paragraph (c) of the definition of “custodial
40sentence”, for “or 14(5)” substitute “, 14(5) or 15A(5)”;

(b) in paragraph (2), after sub-paragraph (b) insert—

“(ba) a sentence falls to be imposed under Article 15A if the
court is obliged to pass a sentence complying with
that Article;”.

(4) In Article 7 (custodial term to be shortest commensurate with seriousness of
offence)—

(a) in paragraph (1), after sub-paragraph (c) (but before the final “or”)
insert—

“(ca) 5of detention under Article 15A(5);”;

(b) in paragraph (2), for “Article 14” substitute “Articles 14 and 15A”.

(5) In Article 8(1)(a) (setting of custodial period), after “extended custodial
sentence” insert “or an Article 15A terrorism sentence”.

(6) In the heading of Chapter 3 of Part 2, at the end insert “and other terrorist
10offenders”.

(7) In Article 14 (extended custodial sentences), in paragraph (4)(a), after “this
Article” insert “and Article 15A”.

(8) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in
paragraph (c) of the definition of “custodial sentence”, for “or 14(5)”
15substitute “, 14(5) or 15A(5)”.

(9) In Article 33(6) (custodial periods to be aggregated in case of consecutive
sentences), in sub-paragraph (a)(i)—

(a) after “extended sentence” insert “or an Article 15A terrorism
sentence”;

(b) 20after “14” insert “or 15A”.

Part 9 Release on licence: Northern Ireland

Extradition Act 2003 (c. 41)2003 (c. 41)

33 In each of the following provisions of the Extradition Act 2003 (which set out
25the circumstances in which a person is entitled to be released from detention
for the purposes of the section), for “or 18(8)” substitute “, 18(8) or 20A(8)”—

(a) section 59(11)(d);

(b) section 132(11)(d);

(c) section 153B(10)(a)(iv).

30Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1))

34 (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In Article 16 (interpretation of Chapter 4 of Part 2 (release on licence)), after
paragraph (3) insert—

“(3A) For the purposes of this Chapter, an offence was determined to have
35a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) 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
but now subject to the provisions of this Chapter), or

(ii) section 69 of the Sentencing Code (in the case of an
offender sentenced in England and Wales or for a

service offence but now subject to the provisions of
this Chapter), or

(b) proved to have been aggravated by reason of having a
terrorist connection under section 31 of the Counter-
5Terrorism Act 2008 (in the case of an offender sentenced in
Scotland but now subject to the provisions of this Chapter).

(3B) In this Chapter “service offence” and “corresponding civil offence”
have the same meanings as in the Counter-Terrorism Act 2008 (see
section 95 of that Act).”

(3) 10In Article 17(1) (duty to release fixed-term prisoners not serving extended
sentences), for “a prisoner serving an extended custodial sentence”
substitute “one to whom Article 18 or 20A applies”.

(4) In Article 18 (duty to release prisoners serving indeterminate or extended
sentences), after paragraph (1) insert—

“(1A) 15But this Article does not apply to a prisoner to whom Article 20A
applies.”

(5) In Article 19 (power to release prisoners before required), in paragraph (3),
for sub-paragraph (a) substitute—

“(a) Article 18 or 20A applies to the prisoner;”.

(6) 20In Article 20(3) (consultation with Parole Commissioners before release of
certain prisoners), for the words from “serving” to the end of sub-paragraph
(b) substitute “to whom Article 18 or 20A applies”.

(7) In Article 23(1) (power of court to recommend licence conditions), for “or 19”
substitute “, 19 or 20A”.

(8) 25In Article 24(5) (requirement to consult Parole Commissioners about licence
conditions), in the words before sub-paragraph (a), after “18” insert “or
20A”.

(9) In Article 28 (recall of prisoners while on licence)—

(a) in paragraph (1), for “or 20” substitute “, 20 or 20A”;

(b) 30in paragraph (6)(a), after “extended custodial sentence” insert “and
was not released under Article 20A”.

(10) In Article 29 (further release after recall for certain prisoners), in paragraph
(1)(a), after “extended custodial sentence” insert “or a prisoner to whom
Article 20A applies”.