Counter-Terrorism and Sentencing Bill (HC Bill 129)

(c) at the time when the offence was committed the offender was
aged 18 or over;

(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 specified offences;

(e) the court does not impose a life sentence or an indeterminate
custodial sentence; and

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

(2) 10The court shall impose a serious terrorism sentence, unless the court is
of the opinion that there are exceptional 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
15that—

(a) either—

(i) the offence referred to in paragraph (1)(a); or

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

20was 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) the offender was, or ought to have been, aware of that
25likelihood.

(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) Where the offender is aged 21 or over, a serious terrorism sentence is a
30sentence of imprisonment the term of which is equal to the aggregate
of—

(a) the appropriate custodial term; and

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

(6) 35Where the offender is under the age of 21, a serious terrorism sentence
is a sentence of detention at such place and under such conditions as the
Department of Justice may direct for a term which is equal to the
aggregate of—

(a) the appropriate custodial term; and

(b) 40a further period (“the extension period”) for which the offender
is to be subject to a licence.

(7) A person detained pursuant to the directions of the Department of
Justice under paragraph (6) shall while so detained be in legal custody.

(8) In paragraphs (5)(a) and (6)(a), “the appropriate custodial term” means
45(subject to paragraphs (9) and (10))—

(a) a term of 14 years; or

(b) if longer, the term that would (apart from this Article and
Articles 14 and 15A) be imposed in compliance with Article 7
(length of custodial sentences).

(9) The court may, to the extent that it considers appropriate in order to
5take into account a guilty plea in accordance with Article 33(1) of the
Criminal Justice (Northern Ireland) Order 1996, specify an appropriate
custodial term of less than 14 years but no less than 11 years and 73
days.

(10) The court may specify a lesser period than that otherwise required by
10paragraph (8) or (9) if the court is of the opinion that it is appropriate to
do so on taking account of matters under section 73(2) of the Serious
Organised Crime and Police Act 2005 (assistance given or offered to
investigator or prosecutor).

(11) The extension period under paragraph (5)(b) or (6)(b)—

(a) 15must be at least seven years and must not exceed 25 years; and

(b) subject to those limits, is to be of such length as the court
considers necessary for the purpose of protecting members of
the public from the risk of harm referred to in paragraph (1)(d).

(12) A court which imposes a serious terrorism sentence shall not make an
20order under section 18 of the Treatment of Offenders Act (Northern
Ireland) 1968 (suspended sentences) in relation to that sentence.

(13) Remission shall not be granted under prison rules to the offender in
respect of a sentence imposed under this Article.”

Serious terrorism sentences: supplementary provision

8 25Reduction in appropriate custodial term for guilty pleas: England and Wales

In section 73 of the Sentencing Code (reduction in sentences for guilty pleas),
after subsection (2) insert—

“(2A) If the court imposes a serious terrorism sentence in relation to the
offence, nothing in section 268C(2) or, as the case may be, 282C(2)
30prevents the court, after taking into account any matter referred to in
subsection (2), from imposing as the appropriate custodial term a term
of any length which is not less than 80 per cent of the term which would
otherwise be required.”

9 Reduction in appropriate custodial term for guilty pleas: Scotland

35In section 196 of the Criminal Procedure (Scotland) Act 1995 (sentence
following guilty plea), after subsection (1A) insert—

“(1B) Subsection (1C) applies where—

(a) the court is imposing on an offender—

(i) a serious terrorism sentence of imprisonment under
40section 205ZA(2),

(ii) a serious terrorism sentence of detention under section
205ZA(6),

(iii) a sentence of imprisonment for life to which section
205ZB applies, or

(iv) a sentence of detention for life to which section 205ZB
applies, and

(b) the offender has pled guilty to the offence for which the
offender is being sentenced.

(1C) 5The court may, after taking into account the matters mentioned in
paragraphs (a) and (b) of subsection (1), impose as the appropriate
custodial term or, as the case may be, specify as the punishment part, a
term of any length which is not less than 80 per cent of the term which
would otherwise be required.”

10 10Reduction in appropriate custodial term for assistance to prosecution:
England and Wales

In section 74 of the Sentencing Code (reduction in sentence for assistance to
prosecution), after subsection (4) insert—

“(4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial
15term for serious terrorism sentences) affects the court’s power under
subsection (2) so far it relates to determining the appropriate custodial
term.”

Life or indeterminate sentences for serious terrorism offences

11 Minimum term order for serious terrorism offenders: England and Wales

20In section 323 of the Sentencing Code (minimum term order: other life
sentences) after subsection (2) insert—

“(3) Subsection (2) is subject to the requirement that the minimum term in a
serious terrorism case must be at least 14 years.

(4) A “serious terrorism case” is a case where, but for the fact that the court
25passes a life sentence, the court would be required by section 268B(2) or
282B(2) to impose a serious terrorism sentence (assuming for this
purpose that the court is not of the opinion mentioned in section
268B(2) or 282B(2)).

(5) The minimum term may be less than 14 years if the court is of the
30opinion that there are exceptional circumstances which—

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

(b) justify a lesser period.

(6) The minimum term may be less than 14 years if the court considers it
appropriate, taking into account—

(a) 35the matters mentioned in subsection (2)(c), and

(b) the effect that the following would, if the court had sentenced
the offender under section 268B(2) or 282B(2), have had in
relation to the appropriate custodial term for that sentence—

(i) section 73 (reductions for guilty pleas), and

(ii) 40section 74 (reductions for assistance to the
prosecution).”

12 Minimum punishment part for serious terrorism offenders: Scotland

After section 205ZA of the Criminal Procedure (Scotland) Act 1995 (inserted by
section 6) insert—

“205ZB Minimum punishment part where life sentence imposed for serious
5terrorism offence

(1) This section applies where—

(a) section 205ZA(1)(a) to (d) and (f) applies in relation to a person,
and

(b) the court imposes a sentence of imprisonment for life or a
10sentence of detention for life in a young offenders institution on
the person.

(2) In making under section 2(3) of the Prisoners and Criminal Proceedings
(Scotland) Act 1993 an order mentioned in section 2(2) of that Act in
respect of the offender, the court must specify a punishment part of at
15least 14 years (but subject to subsection (3) and section 196(1C) of this
Act).

(3) The punishment part may be less than 14 years if the court is of the
opinion that there are exceptional circumstances which—

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

(b) 20justify a lesser period.

(4) Before forming an opinion for the purposes of section 205ZA(1)(d) (by
virtue of subsection (1)), 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) 25if the court thinks it necessary, hear that officer.

(5) In this section, “local authority” and “relevant officer” have the
meanings given by section 27 of the Prisoners and Criminal
Proceedings (Scotland) Act 1993.”

13 Minimum tariff for serious terrorism offenders given life sentences: Northern
30Ireland

(1) The Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)S.I. 2001/2564 (N.I. 2)) is
amended as follows.

(2) In Article 5(2) (length of tariff), after “shall” insert “(subject to Article 5A
(serious terrorism cases))”.

(3) 35After Article 5 insert—

“5A Minimum tariff in serious terrorism cases

(1) If the court makes an order under Article 5(1) in a serious terrorism
case, the part of the sentence specified in the order must be at least 14
years.

40This is subject to paragraphs (2) to (4).

(2) The court may, to the extent that it considers appropriate in order to
take into account a guilty plea in accordance with Article 33(1) of the
Criminal Justice (Northern Ireland) Order 1996, specify a period of less

than 14 years but (subject to paragraphs (3) and (4)) no less than 11
years and 73 days.

(3) The court may specify a lesser period than that otherwise required by
paragraph (1) or (2) if the court is of the opinion that it is appropriate to
5do so on taking account of matters under section 73(2) of the Serious
Organised Crime and Police Act 2005 (assistance given or offered to
investigator or prosecutor).

(4) The court may specify a lesser period than that otherwise required by
paragraph (1) or (2) if the court is of the opinion that there are
10exceptional circumstances which—

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

(b) justify the specification of a lesser period.

(5) For the purposes of this Article, a “serious terrorism case” is a case
where, if the court did not impose a life sentence or an indeterminate
15custodial sentence, it would be required by Article 13A of the Criminal
Justice (Northern Ireland) Order 2008 to impose a serious terrorism
sentence (assuming for this purpose that the court was not of the
opinion mentioned in paragraph (2) of that Article).

(6) In paragraph (5), “indeterminate custodial sentence” means a sentence
20under Article 13(4) of the Criminal Justice (Northern Ireland) Order
2008.”

14 Minimum custodial period for serious terrorism offenders given
indeterminate custodial sentences: Northern Ireland

(1) Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216S.I. 2008/1216
25(N.I. 1)) (life sentences and indeterminate custodial sentences) is amended as
follows.

(2) In paragraph (3)(b), after “being” insert “(subject to paragraphs (3A) to (3E))”.

(3) After paragraph (3) insert—

“(3A) In a serious terrorism case, the period specified under paragraph (3)(b)
30must (subject to paragraphs (3C) to (3E)) be at least 14 years.

(3B) A “serious terrorism case” is a case where, but for the fact that the court
is required to impose an indeterminate custodial sentence, it would be
required by Article 13A to impose a serious terrorism sentence
(assuming for this purpose that the court was not of the opinion
35mentioned in paragraph (2) of that Article).

(3C) The court may, to the extent that it considers appropriate in order to
take into account a guilty plea in accordance with Article 33(1) of the
Criminal Justice (Northern Ireland) Order 1996, specify a period of less
than 14 years but (subject to paragraphs (3D) and (3E)) no less than 11
40years and 73 days.

(3D) The court may specify a lesser period than that otherwise required by
paragraph (3A) or (3C) if the court is of the opinion that it is appropriate
to do so on taking account of matters under section 73(2) of the Serious
Organised Crime and Police Act 2005 (assistance given or offered to
45investigator or prosecutor).

(3E) The court may specify a lesser period than that otherwise required by
paragraph (3A) or (3C) if the court is of the opinion that there are
exceptional circumstances which—

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

(b) 5justify the specification of a lesser period.”

Extended sentences

15 Additional offences attracting extended sentence: England and Wales

(1) Part 1 of Schedule 18 to the Sentencing Code (specified violent offences
attracting extended sentence) is amended as follows.

(2) 10In paragraph 5 (offences under the Explosive Substances Act 1883), at the end
insert—

“(d) section 5 (punishment of accessories to offences of causing or
attempting to cause explosions or making or possessing
explosives) in a case where the offender is convicted on or
15after the day on which section 15 of the Counter-Terrorism
and Sentencing Act 2020 comes into force.”

(3) After paragraph 11 insert—

““Biological Weapons Act 1974

11A An offence under section 1 of the Biological Weapons Act 1974
20(developing certain biological agents and toxins or biological
weapons) in a case where the offender is convicted on or after the day
on which section 15 of the Counter-Terrorism and Sentencing Act
2020 comes into force.”

(4) In paragraph 13 (offences under the Aviation Security Act 1982), at the end
25insert—

“(e) section 6(2) (inducing or assisting commission of offences
relating to safety of aircraft) in a case where the offender is
convicted on or after the day on which section 15 of the
Counter-Terrorism and Sentencing Act 2020 comes into
30force.”

(5) After paragraph 13 insert—

““Nuclear Material (Offences) Act 1983

13A An offence under either of the following provisions of the Nuclear
Material (Offences) Act 1983 in a case where the offender is convicted
35on or after the day on which section 15 of the Counter-Terrorism and
Sentencing Act 2020 comes into force—

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

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

(6) In paragraph 19 (offences under the Aviation and Maritime Security Act 1990),
40at the end insert—

“(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) in a case where

the offender is convicted on or after the day on which section
15 of the Counter-Terrorism and Sentencing Act 2020 comes
into force.”

(7) After paragraph 20 insert—

5““Chemical Weapons Act 1996

20A An offence under either of the following provisions of the Chemical
Weapons Act 1996 in a case where the offender is convicted on or
after the day on which section 15 of the Counter-Terrorism and
Sentencing Act 2020 comes into force—

(a) 10section 2 (use etc of chemical weapons);

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

16 Increase in extension period for serious terrorism offenders aged under 18:
England and Wales

(1) 15Section 256(4) of the Sentencing Code (limits on extension period in term of
extended sentence of detention) is amended as follows.

(2) In paragraph (b)—

(a) in sub-paragraph (i), for “, or” substitute “(unless sub-paragraph (iii)
applies),”;

(b) 20in sub-paragraph (ii), at the end insert “(unless sub-paragraph (iii)
applies), or”;

(c) after sub-paragraph (ii) insert—

“(“iii) 10 years in the case of a serious terrorism offence
for which the sentence is imposed on or after the
25day on which section 16 of the Counter-
Terrorism and Sentencing Act 2020 comes into
force.”

(3) In the words after paragraph (b), for “and “specified terrorism offence””
substitute “, “specified terrorism offence” and “serious terrorism offence””.

17 30Increase in extension period for adult serious terrorism offenders aged under
21: England and Wales

(1) Section 268(4) of the Sentencing Code (limits on extension period in term of
extended sentence of detention in a young offender institution) is amended as
follows.

(2) 35In paragraph (b)—

(a) in sub-paragraph (i), for “, or” substitute “(unless sub-paragraph (iii)
applies),”;

(b) in sub-paragraph (ii), at the end insert “(unless sub-paragraph (iii)
applies), or”;

(c) 40after sub-paragraph (ii) insert—

“(“iii) 10 years in the case of a serious terrorism offence
for which the sentence is imposed on or after the
day on which section 17 of the Counter-

Terrorism and Sentencing Act 2020 comes into
force.”

(3) In the words after paragraph (b), for “and “specified terrorism offence””
substitute “, “specified terrorism offence” and “serious terrorism offence””.

18 5Increase in extension period for serious terrorism offenders aged 21 or over:
England and Wales

(1) Section 281(4) of the Sentencing Code (limits on extension period in term of
extended sentence of imprisonment) is amended as follows.

(2) In paragraph (b)—

(a) 10in sub-paragraph (i), for “, or” substitute “(unless sub-paragraph (iii)
applies),”;

(b) in sub-paragraph (ii), at the end insert “(unless sub-paragraph (iii)
applies), or”;

(c) after sub-paragraph (ii) insert—

“(“iii) 1510 years in the case of a serious terrorism offence
for which the sentence is imposed on or after the
day on which section 18 of the Counter-
Terrorism and Sentencing Act 2020 comes into
force.”

(3) 20In the words after paragraph (b), for “and “specified terrorism offence””
substitute “, “specified terrorism offence” and “serious terrorism offence””.

19 Additional terrorism offences attracting extended sentence: Scotland

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

(2) In section 210A(10) (extended sentences for terrorist offenders etc:
25interpretation), for the definition of “terrorism offence” substitute—

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

  (a)

  is specified in Part 1 of Schedule 5ZC, or

  (b)

  is specified in Part 2 of that Schedule and has been
  proved to have been aggravated by reason of having a
  30terrorist connection under section 31 of the Counter-
  Terrorism Act 2008;”.

(3) After Schedule 5ZB to that Act (inserted by section 23) insert, as Schedule 5ZC,
the Schedule set out in Schedule 5 to this Act.

20 Extended custodial sentences for serious terrorism offenders: Northern
35Ireland

(1) Article 14 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216S.I. 2008/1216
(N.I. 1)) (extended custodial sentences) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), for the words from “convicted” to the end
40(including the final “and”) substitute “—

(i) convicted on indictment of a specified offence; or

(ii) convicted after the commencement of section 20
of the Counter-Terrorism and Sentencing Act

2020 of any other offence that is a serious
terrorism offence;”;

(b) after sub-paragraph (a) insert—

“(aa) the offence was committed after the commencement of
5this Article; and”.

(3) In paragraph (8)—

(a) in sub-paragraph (a), for “; and” substitute “(unless sub-paragraph (c)
applies);”;

(b) in sub-paragraph (b), at the end insert “(unless sub-paragraph (c)
10applies); and”;

(c) after sub-paragraph (b) insert—

“(c) ten years in the case of a serious terrorism offence for
which the offender is convicted after the
commencement of section 20 of the Counter-Terrorism
15and Sentencing Act 2020.”

Other custodial sentences for terrorist offenders

21 Offences attracting special custodial sentence for offenders of particular
concern: England and Wales

(1) In the Sentencing Code, for Schedule 13 (offences attracting special custodial
20sentence for offenders of particular concern) substitute the Schedule set out in
Schedule 6 to this Act.

(2) The amendment made by subsection (1) does not apply where a person is
convicted of an offence before the day on which this section comes into force.

22 Special custodial sentence for certain terrorist offenders aged under 18 at time
25of offence: England and Wales

(1) The Sentencing Code is amended as follows.

(2) After section 252 insert—

““Special custodial sentence for terrorist offenders

252A Required special sentence of detention for terrorist offenders of
30particular concern

(1) Subsections (3) to (5) apply where—

(a) a person aged under 18 is convicted of an offence listed in Part
1 of Schedule 13 (offences involving or connected with
terrorism),

(b) 35the offence was committed on or after the day on which section
22 of the Counter-Terrorism and Sentencing Act 2020 came into
force,

(c) the court does not impose either of the following for the offence
(or for an offence associated with it)—

(i) 40a sentence of detention for life under section 250, or

(ii) an extended sentence of detention under section 254,
and

(d) the court would, apart from this section, impose a custodial
sentence (see, in particular, section 230(2)).

(2) In determining for the purposes of subsection (1)(d) whether it would
impose a custodial sentence, the court must disregard any restriction
5on its power to impose such a sentence by reference to the age of the
offender.

(3) The court must impose a sentence of detention under this section.

(4) The term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) 10a further period of 1 year for which the offender is to be subject
to a licence,

and must not exceed the maximum term of imprisonment with which
the offence is punishable in the case of a person aged 21 or over.

(5) For the purposes of subsection (4), the “appropriate custodial term” is
15the term that, in the opinion of the court, ensures that the sentence is
appropriate.

(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 subsection (1) to have been committed on
20the last of those days.”

(3) In section 265 (special sentence of detention in young offender institution for
offenders of particular concern)—

(a) in subsection (1)(b)—

(i) omit sub-paragraph (i) (including the final “and”);

(ii) 25in sub-paragraph (ii), after “aged” insert “at least 18 but”;

(b) after subsection (1) insert—

“(1A) But this section does not apply if—

(a) the offender was aged under 18 when the offence was
committed, and

(b) 30the offence—

(i) was committed before the day on which section
22 of the Counter-Terrorism and Sentencing Act
2020 came into force, or

(ii) is listed in Part 2 of Schedule 13 (sexual
35offences).”

(4) In section 278 (special sentence of imprisonment for offenders of particular
concern)—

(a) in subsection (1)(b), omit sub-paragraph (i) (including the final “and”);

(b) after subsection (1) insert—

“(1A) 40But this section does not apply if—

(a) the offender was aged under 18 when the offence was
committed, and

(b) the offence—

(i) was committed before the day on which section
4522 of the Counter-Terrorism and Sentencing Act
2020 came into force, or