Counter-Terrorism and Sentencing Bill (HC Bill 129)

Part 1 Sentencing of terrorist and certain other offenders

Offences to be sentenced as terrorist offences

1 Offences aggravated by terrorist connection

(1) 5The Sentencing Code is amended as set out in subsections (2) and (3).

(2) In section 69 (offences aggravated by terrorist connection)—

(a) in subsection (1), for the words from “specified” to the end substitute
“within subsection (4) or (5)”;

(b) after subsection (3) insert—

“(4) 10An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of
the Counter-Terrorism and Sentencing Act 2020 came
into force,

(b) is punishable on indictment with imprisonment for
15more than 2 years, and

(c) is not specified in Schedule A1.

(5) An offence is within this subsection if it—

(a) was committed before the day on which section 1 of the
Counter-Terrorism and Sentencing Act 2020 came into
20force, and

(b) is specified in Schedule 1.

(6) 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 subsections
5(4) and (5) to have been committed on the last of those days.”

(3) Before Schedule 1, insert, as Schedule A1, the Schedule set out in Part 1 of
Schedule 1 to this Act.

(4) The Counter-Terrorism Act 2008 (as amended by the Sentencing Act 2020) is
amended as follows.

(5) 10In section 30 (offences aggravated by terrorist connection: Northern Ireland)—

(a) in subsection (1), for the words from “specified” to the end substitute
“within subsection (5A) or (5B)”;

(b) after subsection (5) insert—

“(5A) An offence is within this subsection if it—

(a) 15was committed on or after the day on which section 1 of
the Counter-Terrorism and Sentencing Act 2020 came
into force,

(b) is punishable on indictment with imprisonment for
more than 2 years (or would be so punishable in the case
20of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(5B) An offence is within this subsection if it—

(a) was committed—

(i) on or after 12 April 2019 (being the date on which
25section 8 of the Counter-Terrorism and Border
Security Act 2019, which extended this section to
Northern Ireland, came into force), but

(ii) before the day on which section 1 of the Counter-
Terrorism and Sentencing Act 2020 came into
30force, and

(b) is specified in Schedule 2.

(5C) 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 subsections
35(5A) and (5B) to have been committed on the last of those
days.”;

(c) omit subsection (6).

(6) In section 31 (offences aggravated by terrorist connection: Scotland)—

(a) in subsection (1), for the words from “specified” to “considered)”
40substitute “within subsection (4A) or (4B)”;

(b) after subsection (4) insert—

“(4A) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of
the Counter-Terrorism and Sentencing Act 2020 came
45into force,

(b) is punishable on indictment with imprisonment for
more than 2 years (or would be so punishable in the case
of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(4B) 5An offence is within this subsection if it—

(a) was committed—

(i) on or after the relevant date, but

(ii) before the day on which section 1 of the Counter-
Terrorism and Sentencing Act 2020 came into
10force, and

(b) is specified in Schedule 2.

(4C) The relevant date for the purposes of subsection (4B)(a)(i) is—

(a) 18 June 2009 (being the date on which this section came
into force), in relation to any offence that is not
15mentioned in paragraph (b);

(b) 12 April 2019 (being the date on which section 8 of the
Counter-Terrorism and Border Security Act 2019, which
amended Schedule 2, came into force) in relation to any
of the following offences under the law of Scotland—

(i) 20assault by explosive device;

(ii) assault to severe injury;

(iii) assault and poisoning;

(iv) poisoning.

(4D) Where an offence is found to have been committed over a
25period 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 subsections
(4A) to (4C) to have been committed on the last of those days.”;

(c) omit subsection (5).

(7) After Schedule 1, insert, as Schedule 1A, the Schedule set out in Part 2 of
30Schedule 1 to this Act.

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

In the Sentencing Code—

(a) in section 306 (extended sentences: meaning of “specified offence” etc),
in subsection (2), after the definition of “serious harm” insert—

• 35“““serious terrorism offence” means an offence that—

  (a)

  is specified in Part 1 of Schedule 17A, or

  (b)

  is specified in Part 2 of that Schedule and has
  been determined to have a terrorist connection
  under section 69;”;

(b) 40after Schedule 17, insert, as Schedule 17A, the Schedule set out in
Schedule 2 to this Act.

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

(1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)) is
amended as follows.

(2) In Article 12 (interpretation of Chapter 3 of Part 2 (dangerous offenders and
other terrorist offenders))—

(a) in paragraph (3), before the definition of “life sentence” insert—

• ““determination of terrorist connection”, in relation to an
  5offence, means a determination by the court that the
  offence has a terrorist connection under section 30 of the
  Counter-Terrorism Act 2008;”;

(b) after paragraph (5) insert—

“(6) Schedule 2A specifies certain terrorism offences and other
10offences which may be determined to have a terrorist
connection for the purposes of various provisions of this
Chapter and Chapter 4, and makes related provision.

(7) In this Chapter “serious terrorism offence” means—

(a) an offence within Part 2 of Schedule 2A (terrorism
15offences punishable with life imprisonment); or

(b) an offence within Part 3 of that Schedule (offences with
possible terrorist connection punishable with life
imprisonment) in respect of which a determination of
terrorist connection is made.”

(3) 20After Schedule 2 insert, as Schedule 2A, the Schedule set out in Schedule 3 to
this Act.

Serious terrorism sentences

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

After section 268 of the Sentencing Code insert—

25““Serious terrorism sentence

268A Serious terrorism sentence of detention in a young offender
institution

A serious terrorism sentence of detention in a young offender
institution is a sentence of detention in a young offender institution the
30term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 268C), and

(b) a further period (the “extension period”) for which the offender
is to be subject to a licence.

268B Serious terrorism sentence: circumstances in which required

(1) 35Subsection (2) applies where a court is dealing with an offender for a
serious terrorism offence (see section 306(2)) where—

(a) the offence was committed on or after the day on which section
4 of the Counter-Terrorism and Sentencing Act 2020 came into
force,

(b) 40the offender was aged 18 or over when the offence was
committed,

(c) the offender is aged under 21 when convicted of the offence,

(d) the court is of the opinion that there is a significant risk to
members of the public of serious harm occasioned by the
commission by the offender of further serious terrorism
offences or other specified offences (see section 308),

(e) 5the court does not impose a sentence of custody for life, and

(f) the risk of multiple deaths condition is met.

(2) The court must impose a serious terrorism sentence of detention in a
young offender institution under section 268A unless the court is of the
opinion that there are exceptional circumstances which—

(a) 10relate to the offence or to the offender, and

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion
that—

(a) either—

(i) 15the serious terrorism offence, or

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

was very likely to result in or contribute to (whether directly or
indirectly) the deaths of at least two people as a result of an act
20of terrorism (within the meaning of section 1 of the Terrorism
Act 2000), and

(b) the offender was, or ought to have been, aware of that
likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of
25multiple deaths condition is met whether or not any death actually
occurred.

(5) 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 (1) to have been committed on
30the last of those days.

(6) The pre-sentence report requirements (see section 30) apply to the court
in relation to forming the opinion mentioned in subsection (1)(d).

268C Term of serious terrorism sentence of detention in a young offender
institution

(1) 35This section applies where the court dealing with an offender is
required by section 268B to impose a serious terrorism sentence of
detention in a young offender institution under section 268A.

(2) The appropriate custodial term is—

(a) 14 years, or

(b) 40if longer, the term of detention in a young offender institution
that would be imposed in respect of the offence in compliance
with section 231(2) (length of discretionary custodial sentences)
if the court did not impose a serious terrorism sentence (or an
extended sentence or a sentence under section 265).

(3) 45The extension period must be a period of such length as the court
considers necessary for the purpose of protecting members of the
public from serious harm occasioned by the commission by the

offender of further serious terrorism offences or other specified
offences.

This is subject to subsection (4).

(4) The extension period must—

(a) 5be at least 7 years, and

(b) not exceed 25 years.”

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

After section 282 of the Sentencing Code insert—

““Serious terrorism sentence

282A 10Serious terrorism sentence of imprisonment: persons 21 or over

A serious terrorism sentence of imprisonment is a sentence of
imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 282C), and

(b) a further period (the “extension period”) for which the offender
15is to be subject to a licence.

282B Serious terrorism sentence of imprisonment: circumstances in which
required

(1) Subsection (2) applies where a court is dealing with an offender for a
serious terrorism offence (see section 306(2)) where—

(a) 20the offence was committed on or after the day on which section
5 of the Counter-Terrorism and Sentencing Act 2020 came into
force,

(b) the offender was aged 18 or over when the offence was
committed,

(c) 25the offender is aged 21 or over when convicted of the offence,

(d) the court is of the opinion that there is a significant risk to
members of the public of serious harm occasioned by the
commission by the offender of further serious terrorism
offences or other specified offences (see section 308),

(e) 30the court does not impose a sentence of imprisonment for life,
and

(f) the risk of multiple deaths condition is met.

(2) The court must impose a serious terrorism sentence of imprisonment
under section 282A unless the court is of the opinion that there are
35exceptional circumstances which—

(a) relate to the offence or to the offender, and

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion
that—

(a) 40either—

(i) the serious terrorism offence, or

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

was very likely to result in or contribute to (whether directly or
indirectly) the deaths of at least two people as a result of an act
of terrorism (within the meaning of section 1 of the Terrorism
Act 2000), and

(b) 5the offender was, or ought to have been, aware of that
likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of
multiple deaths condition is met whether or not any death actually
occurred.

(5) 10Where 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 (1) to have been committed on
the last of those days.

(6) The pre-sentence report requirements (see section 30) apply to the court
15in relation to forming the opinion mentioned in subsection (1)(d).

282C Term of serious terrorism sentence of imprisonment

(1) This section applies where the court dealing with an offender is
required by section 282B to impose a serious terrorism sentence of
imprisonment under section 282A.

(2) 20The appropriate custodial term is—

(a) 14 years, or

(b) if longer, the term of imprisonment that would be imposed in
respect of the offence in compliance with section 231(2) (length
of discretionary custodial sentences) if the court did not impose
25a serious terrorism sentence of imprisonment (or an extended
sentence or a sentence under section 278).

(3) The extension period must be a period of such length as the court
considers necessary for the purpose of protecting members of the
public from serious harm occasioned by the commission by the
30offender of further serious terrorism offences or other specified
offences.

This is subject to subsection (4).

(4) The extension period must—

(a) be at least 7 years, and

(b) 35not exceed 25 years.”

6 Serious terrorism sentence: Scotland

(1) After section 205 of the Criminal Procedure (Scotland) Act 1995 insert—

“205ZA Serious terrorism sentence

(1) This section applies where—

(a) 40a person is convicted on indictment of a serious terrorism
offence,

(b) the offence was committed on or after the day on which section
6 of the Counter-Terrorism and Sentencing Act 2020 comes into
force,

(c) the offender was aged 18 or over when the offence was
committed,

(d) the court is of the opinion that there is a significant risk to
members of the public of serious harm occasioned by the
5commission by the offender of further serious terrorism
offences or other terrorism offences to which section 210A
applies,

(e) the court does not impose a sentence of imprisonment for life or
a sentence of detention for life in a young offenders institution,
10and

(f) the risk of multiple deaths condition is met.

(2) Where the offender is 21 years of age or over, the court must impose a
serious terrorism sentence of imprisonment unless the court is of the
opinion that there are exceptional circumstances which—

(a) 15relate to the offence or to the offender, and

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion
that—

(a) either—

(i) 20the serious terrorism offence, or

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

was very likely to result in or contribute to (whether directly or
indirectly) the deaths of at least two people as a result of an act
25of terrorism (within the meaning of section 1 of the Terrorism
Act 2000), and

(b) the offender was, or ought to have been, aware of that
likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of
30multiple deaths condition is met whether or not any death actually
occurred.

(5) A serious terrorism sentence of imprisonment is a sentence of
imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term, and

(b) 35a further period (“the extension period”) for which the offender
is to be subject to a licence under Part 1 of the Prisoners and
Criminal Proceedings (Scotland) Act 1993.

(6) Where the offender is under 21 years of age, the court must impose a
serious terrorism sentence of detention unless the court is of the
40opinion that there are exceptional circumstances which—

(a) relate to the offence or to the offender, and

(b) justify not doing so.

(7) A serious terrorism sentence of detention is a sentence of detention in a
young offenders institution the term of which is equal to the aggregate
45of—

(a) the appropriate custodial term, and

(b) a further period (“the extension period”) for which the offender
is to be subject to a licence under Part 1 of the Prisoners and
Criminal Proceedings (Scotland) Act 1993.

(8) The appropriate custodial term is—

(a) 514 years, or

(b) if longer, the term of imprisonment or, as the case may be,
detention that would be imposed in respect of the offence if the
court did not impose a serious terrorism sentence of
imprisonment or, as the case may be, a serious terrorism
10sentence of detention (or a sentence under section 205ZC or an
extended sentence under section 210A).

(9) The extension period must be a period of such length as the court
considers necessary for the purpose of protecting members of the
public from serious harm occasioned by the commission by the
15offender of further serious terrorism offences or other terrorism
offences to which section 210A applies (but subject to subsection (10)).

(10) The extension period must—

(a) be at least 7 years, and

(b) not exceed 25 years.

(11) 20Before forming an opinion for the purposes of subsection (1)(d), the
court must—

(a) consider a report by a relevant officer of a local authority about
the offender and the offender’s circumstances, and

(b) if the court thinks it necessary, hear that officer.

(12) 25In this section—

• “local authority” and “relevant officer” have the meanings given
  by section 27 of the Prisoners and Criminal Proceedings
  (Scotland) Act 1993;

• “serious terrorism offence” means an offence that—

  (a)

  30is specified in Part 1 of Schedule 5ZA, or

  (b)

  is specified in Part 2 of that Schedule and has been
  proved to have been aggravated by reason of having a
  terrorist connection under section 31 of the Counter-
  Terrorism Act 2008.”

(2) 35After Schedule 5 to that Act insert, as Schedule 5ZA, the Schedule set out in
Schedule 4 to this Act.

7 Serious terrorism sentence: Northern Ireland

In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)),
after Article 13 insert—

“13A 40Serious terrorism sentence

(1) This Article applies where—

(a) a person is convicted on indictment of a serious terrorism
offence;

(b) the offence was committed after the commencement of section
457 of the Counter-Terrorism and Sentencing Act 2020;