Counter-Terrorism and Sentencing Bill (HC Bill 129)

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

23 Terrorism sentence with fixed licence period: Scotland

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

(2) 5After section 205ZB (inserted by section 12) insert—

“205ZC Terrorism sentence with fixed licence period

(1) This section applies where—

(a) a person is convicted of a terrorism offence on or after the day
on which section 23 of the Counter-Terrorism and Sentencing
10Act 2020 comes into force, and

(b) the court does not impose one of the following for the offence—

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

(ii) a serious terrorism sentence of detention under section
15205ZA(6),

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

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

(v) 20an extended sentence under section 210A, or

(vi) an order for lifelong restriction under section 210F.

(2) But this section does not apply where—

(a) the offender is under the age of 18 when convicted of the
offence, and

(b) 25the offence was committed before the day on which section 23
of the Counter-Terrorism and Sentencing Act 2020 came into
force.

(3) If the court decides to impose a sentence of imprisonment and the
offender is 21 years of age or over, the court must impose a sentence of
30imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term, and

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

(4) 35If the offender is at least 16 years of age but under 21 (other than an
offender falling within subsection (5) or (6)) and the court decides to
impose a sentence of detention, the court must impose a sentence of
detention in a young offenders institution the term of which is equal to
the aggregate of—

(a) 40the appropriate custodial term, and

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

(5) If the offender is a child and the court decides to impose a sentence of
45detention under section 208, the court must impose a sentence the term
of which is equal to the aggregate of—

(a) the appropriate custodial term, and

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

(6) 5If the offender is a child and the court decides to make an order under
section 44(1), the court must make an order—

(a) requiring the offender to be detained under that section in
residential accommodation provided under Part 2 of the
Children (Scotland) Act 1995 for the appropriate custodial term,
10and

(b) requiring the offender to be subject to a licence under Part 1 of
the Prisoners and Criminal Proceedings (Scotland) Act 1993 for
a further period of 1 year.

(7) The “appropriate custodial term” is the term that, in the opinion of the
15court, ensures that the sentence or, as the case may be, the order is
appropriate.

(8) The term of a sentence of imprisonment or, as the case may be, a
sentence of detention, imposed under this section for an offence must
not exceed the term that, at the time the offence was committed, was the
20maximum term permitted for the offence.

(9) Where an order is made in relation to an offender under subsection (6),
section 44(6) does not apply in relation to the offender.

(10) In this section, “terrorism offence” means—

(a) an offence that is specified in Schedule 5ZB, or

(b) 25any other offence that has been proved to have been aggravated
by reason of having a terrorist connection under section 31 of
the Counter-Terrorism Act 2008.”

(3) After Schedule 5ZA (inserted by section 6) insert, as Schedule 5ZB, the
Schedule set out in Schedule 7 to this Act.

24 30Terrorism sentence with fixed licence period: 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 15 insert—

“15A Terrorism sentence with fixed licence period

(1) This Article applies where—

(a) 35a person is convicted after the commencement of section 24 of
the Counter-Terrorism and Sentencing Act 2020 of—

(i) a serious terrorism offence;

(ii) an offence within Part 4 of Schedule 2A (terrorism
offences punishable with more than two years’
40imprisonment); or

(iii) any other offence in respect of which a determination of
terrorist connection is made;

(b) the court does not impose, in respect of the offence or any
offence associated with it, a life sentence, an indeterminate
45custodial sentence, a serious terrorism sentence or an extended
custodial sentence; and

(c) the court decides to impose a custodial sentence.

(2) But this Article does not apply where—

(a) the offender is under the age of 18 when convicted of the
offence; and

(b) 5the offence was committed before the commencement of section
24 of the Counter-Terrorism and Sentencing Act 2020.

(3) The court shall impose on the offender a sentence under this Article.

(4) Where the offender is aged 21 or over, a sentence under this Article is a
sentence of imprisonment the term of which is equal to the aggregate
10of—

(a) the appropriate custodial term; and

(b) a further period of one year for which the offender is to be
subject to a licence.

(5) Where the offender is under the age of 21, a sentence under this Article
15is 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) a further period of one year for which the offender is to be
20subject to a licence.

(6) The term under paragraph (4) or (5) must not exceed the maximum
term of imprisonment with which the offence is punishable (apart from
Article 13).

(7) In paragraphs (4)(a) and (5)(a), the “appropriate custodial term” means
25the term that, in the opinion of the court, ensures that the sentence is
appropriate.

(8) A person detained pursuant to the directions of the Department of
Justice under paragraph (5) shall while so detained be in legal custody.

(9) A court which imposes a sentence under this Article shall not make an
30order under section 18 of the Treatment of Offenders Act (Northern
Ireland) 1968 (suspended sentences) in relation to that sentence.

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

Sentencing for service offences

25 35Corresponding provision under service law

Schedule 8 makes provision in relation to sentencing under service law that
corresponds to certain provision made by this Part.

Maximum sentences

26 Increase in maximum sentences for certain terrorist offences

(1) 40In the Terrorism Act 2000—

(a) in section 11(3)(a) (sentence on conviction on indictment for
membership of proscribed organisation), for “ten” substitute “14”;

(b) in section 12(6)(a) (sentence on conviction on indictment for inviting or
expressing support for proscribed organisation), for “ten” substitute
5“14”.

(2) In the Terrorism Act 2006, in section 8(4)(a) (sentence on conviction on
indictment for attendance at place used for terrorist training), for “10”
substitute “14”.

(3) An amendment made by this section has effect only in relation to an offence
10committed on or after the day on which this section comes into force.

Part 2 Release of terrorist offenders

Removal or restriction of early release for terrorist prisoners

27 Removal of early release for dangerous terrorist prisoners: England and
15Wales

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

(2) In section 247A (restricted eligibility for release on licence of terrorist
prisoners) (as amended by Schedule 13)—

(a) in subsection (2), for paragraph (a) substitute—

“(a) 20it is specified in Part 1 or 2 of Schedule 19ZA (terrorism
offences punishable with imprisonment for life or for
more than two years),”;

(b) after subsection (2) insert—

“(2A) Subsections (3) to (5) apply unless the terrorist prisoner’s
25sentence was imposed—

(a) under section 226A or 226B or under section 254, 266,
268A, 279 or 282A of the Sentencing Code (extended
sentence or serious terrorism sentence for dangerous
offenders),

(b) 30on or after the day on which section 27 of the Counter-
Terrorism and Sentencing Act 2020 comes into force,
and

(c) in respect of an offence that—

(i) is specified in Part 1 of Schedule 19ZA (terrorism
35offences punishable with imprisonment for life),

(ii) is a service offence as respects which the
corresponding civil offence is so specified,

(iii) is specified in Part 3 of that Schedule (other
offences punishable with imprisonment for life)
40and was determined to have a terrorist
connection, or

(iv) is a service offence as respects which the
corresponding civil offence is so specified, and
was determined to have a terrorist connection.”

(3) For Schedule 19ZA substitute the Schedule set out in Schedule 9 to this Act.

28 Removal of early release for dangerous terrorist prisoners: Scotland

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

(2) 5In section 1AB (restricted eligibility for release on licence of terrorist prisoners)
(as amended by Schedule 13)—

(a) in subsection (2), for paragraph (a) substitute—

“(a) it is specified in Part 1 or 2 of Schedule 1A (terrorism
offences punishable with imprisonment for life or for
10more than two years),”;

(b) after subsection (2) insert—

“(2A) Subsections (3) to (5) apply unless the terrorist prisoner’s
sentence was imposed—

(a) under section 205ZA or 210A of the 1995 Act (serious
15terrorism sentence or extended sentence for dangerous
offenders),

(b) on or after the day on which section 28 of the Counter-
Terrorism and Sentencing Act 2020 comes into force,
and

(c) 20in respect of an offence that—

(i) is specified in Part 1 of Schedule 1A (terrorism
offences punishable with imprisonment for life),

(ii) is a service offence as respects which the
corresponding civil offence is so specified,

(iii) 25is specified in Part 3 of that Schedule (other
offences punishable with imprisonment for life)
and was determined to have a terrorist
connection, or

(iv) is a service offence as respects which the
30corresponding civil offence is so specified, and
was determined to have a terrorist connection.”

(3) For Schedule 1A substitute the Schedule set out in Schedule 10 to this Act.

29 Further provision about release of terrorist prisoners: Scotland

After section 26 of the Prisoners and Criminal Proceedings (Scotland) Act 1993
35insert—

““Terrorism sentences

26ZA Terrorism sentences

(1) This section applies to a person (other than a life prisoner) (a “terrorist
prisoner”) who is serving a terrorism sentence.

(2) 40A terrorism sentence is a sentence of imprisonment imposed under—

(a) section 205ZA of the 1995 Act (serious terrorism sentence), or

(b) section 205ZC of the 1995 Act (terrorism sentence with fixed
licence period).

(3) Subject to the provisions of this section, this Part applies in relation to a
terrorism sentence as if any reference to a sentence or term of
imprisonment were a reference to the appropriate custodial term of a
terrorism sentence.

(4) 5Where a terrorist prisoner is released on licence under this Part the
licence remains in force until the end of the extension period (but
subject to section 17).

(5) Where, apart from this subsection, a terrorist prisoner would be
released unconditionally at the end of the appropriate custodial term—

(a) 10the prisoner must be released on licence, and

(b) the licence remains in force until the end of the extension period
(but subject to section 17).

(6) The extension period is to be taken to begin—

(a) for the purposes of subsection (4), on the day following the date
15on which, had there been no extension period, the prisoner
would have ceased to be on licence in respect of the appropriate
custodial term;

(b) for the purposes of subsection (5), on the day on which, apart
from that subsection, the prisoner would have been released
20unconditionally at the end of the appropriate custodial term.

(7) Where a terrorist prisoner is subject to two or more terrorism sentences,
the extension period which is taken to begin in accordance with
subsection (6) is the aggregate of the extension period of each of those
sentences.

(8) 25Subsection (7) is subject to—

(a) section 1A(1)(c), and

(b) in the case of a terrorism sentence imposed under section 205ZA
of the 1995 Act, subsection (10) of that section and any direction
by the court imposing the sentence.

(9) 30For the purposes of sections 12(3) and 17(1), the question of whether a
terrorist prisoner is a long-term or short-term prisoner is to be
determined by reference to the terrorism sentence.

(10) In the application of this Part to a terrorism sentence—

(a) references in sections 1A(1)(c) and 16(1)(a) to the date on which
35a prisoner would have served the prisoner’s sentence in full are
to be read as if they were references to the date on which the
terrorism sentence as originally imposed by the court would
expire, and

(b) the reference in section 17(5) to a prisoner being liable to be
40detained in pursuance of the prisoner’s sentence is to be read as
if it were a reference to the prisoner being liable to be detained
until the expiry of the extension period.

(11) For the purposes of this section—

• “appropriate custodial term” means, in relation to a terrorism
  45sentence imposed on a terrorist prisoner, the term determined
  as such by the court that imposes the sentence on the prisoner
  under section 205ZA or, as the case may be, 205ZC;

• “extension period” means—

  Counter-Terrorism and Sentencing BillPage 26

  (a)

  in relation to a sentence of imprisonment imposed on a
  terrorist prisoner under section 205ZA, the period
  specified as such under that section by the court that
  imposes the sentence on the prisoner;

  (b)

  5in relation to a sentence of imprisonment imposed on a
  terrorist prisoner under section 205ZC, the period of 1
  year specified as such under that section by the court
  that imposes the sentence on the prisoner.”

30 Restricted eligibility for early release of terrorist prisoners: Northern Ireland

(1) 10In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)),
after Article 20 insert—

““Terrorist prisoners

20A Restricted eligibility for release on licence of terrorist prisoners

(1) This Article applies to a fixed-term prisoner (a “terrorist prisoner”)
15who—

(a) is serving a sentence imposed (whether before or after the
commencement date) in respect of an offence within paragraph
(2); and

(b) has not been released on licence before the commencement
20date.

(2) An offence is within this paragraph (whenever it was committed) if—

(a) it is specified in Part 2, 4, 5 or 7 of Schedule 2A (terrorism
offences punishable with imprisonment for life or more than
two years);

(b) 25it is a service offence as respects which the corresponding civil
offence is so specified; or

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

(3) The Department of Justice shall release the terrorist prisoner on licence
under this Article as soon as—

(a) 30the prisoner has served the relevant part of the sentence; and

(b) the Parole Commissioners have directed the release of the
prisoner under this Article.

(4) The Parole Commissioners shall not give a direction under paragraph
(3) with respect to the terrorist prisoner unless—

(a) 35the Department of Justice has referred the prisoner’s case to
them; and

(b) they are satisfied that it is no longer necessary for the protection
of the public that the prisoner should be confined.

(5) The terrorist prisoner may require the Department of Justice to refer the
40prisoner’s case to the Parole Commissioners at any time—

(a) after the prisoner has served the relevant part of the sentence;
and

(b) where there has been a previous reference of the prisoner’s case
to the Parole Commissioners, after the expiration of the period
45of 2 years beginning with the disposal of that reference or such

shorter period as the Parole Commissioners may on the
disposal of that reference determine;

and in this paragraph “previous reference” means a reference under
paragraph (4) or Article 28(4).

(6) 5Where the Parole Commissioners do not direct the prisoner’s release
under paragraph (3)(b), the Department of Justice shall refer the case to
them again not later than the expiration of the period of 2 years
beginning with the disposal of that reference.

(7) In determining for the purpose of this Article whether a terrorist
10prisoner has served the relevant part of a sentence, no account shall be
taken of any time during which the prisoner was unlawfully at large,
unless the Department of Justice otherwise directs.

(8) If the terrorist prisoner is serving a serious terrorism sentence, an
extended custodial sentence or an Article 15A terrorism sentence, the
15Department of Justice shall release the terrorist prisoner on licence
under this Article as soon as the prisoner has served the appropriate
custodial term unless the prisoner has previously been recalled under
Article 28.

(9) For the purposes of this Article—

• 20“appropriate custodial term”, in relation to a serious terrorism
  sentence, an extended custodial sentence or an Article 15A
  terrorism sentence, means the term determined as such by the
  court under Article 13A, 14 or 15A;

• “commencement date” means the date on which section 30 of the
  25Counter-Terrorism and Sentencing Act 2020 comes into force;

• “relevant part of the sentence” means—

  (a)

  in relation to an extended custodial sentence or an
  Article 15A terrorism sentence, two-thirds of the
  appropriate custodial term;

  (b)

  30in relation to any other sentence, two-thirds of the term
  of the sentence.

(10) For the purposes of this Article, a reference of a terrorist prisoner’s case
to the Parole Commissioners under Article 18 that was disposed of—

(a) before the commencement date; and

(b) 35at a time when the prisoner had served two-thirds of the
appropriate custodial term,

is to be treated as if it was made (and disposed of) under this Article.”

(2) The amendment made by subsection (1) does not affect any duty of the
Department of Justice under Chapter 4 of Part 2 of the Criminal Justice
40(Northern Ireland) Order 2008 to release a person whose release has been
directed by the Parole Commissioners before this section comes into force.

31 Removal of early release for dangerous terrorist prisoners: Northern Ireland

In Article 20A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (as inserted by section 30) (eligibility for release on licence of
45terrorist prisoners), after paragraph (2) insert—

“(2A) Paragraphs (3) to (7) apply unless the terrorist prisoner’s sentence—

(a) is a serious terrorism sentence or an extended custodial
sentence;

(b) was imposed after the commencement of section 31 of the
Counter-Terrorism and Sentencing Act 2020; and

(c) 5was imposed in respect of an offence that—

(i) is specified in Part 2 or 5 of Schedule 2A (terrorism
offences punishable with imprisonment for life);

(ii) is a service offence as respects which the corresponding
civil offence is so specified;

(iii) 10is specified in Part 3 or 6 of that Schedule (other offences
punishable with life imprisonment) and was
determined to have a terrorist connection; or

(iv) is a service offence as respects which the corresponding
civil offence is so specified and was determined to have
15a terrorist connection.”

Polygraph conditions in licences for release

32 Polygraph licence conditions for terrorist offenders: England and Wales

(1) The Offender Management Act 2007 is amended as follows.

(2) In section 28 (application of polygraph condition)—

(a) 20in subsection (1), at the end insert “(subject to regulations under section
35(1) of the Counter-Terrorism and Sentencing Act 2020 (power to limit
use of terrorism-related polygraph conditions))”;

(b) in subsection (2), before “who” insert “or a relevant terrorist offence”;

(c) after subsection (4) insert—

“(4A) 25In this section “relevant terrorist offence” means—

(a) an offence that is specified in Part 1 or 2 of Schedule
19ZA to the Criminal Justice Act 2003 (terrorism
offences carrying restricted eligibility for release on
licence),

(b) 30a service offence as respects which the corresponding
civil offence is so specified, or

(c) an offence that was determined to have a terrorist
connection.

(4B) In subsection (4A)—

(a) 35in paragraph (b), “service offence” and “corresponding
civil offence” have the same meaning as in the Counter-
Terrorism Act 2008 (see section 95 of that Act);

(b) paragraph (c) is to be read in accordance with section
247A(7A) of the Criminal Justice Act 2003 (meaning of
40offences determined to have a terrorist connection).”

(3) In section 29 (effect of polygraph condition)—

(a) after subsection (7) insert—

“(7A) Rules under subsection (6) may make—

(a) different provision for different purposes or different
45areas;

(b) incidental, supplemental, consequential, saving or
transitional provision.”;

(b) after subsection (8) insert—

“(9) Rules under subsection (6) do not apply to polygraph sessions
5to which regulations under section 35(2) of the Counter-
Terrorism and Sentencing Act 2020 (power to make regulations
about conduct of terrorism-related polygraph sessions) apply.”

33 Polygraph licence conditions for terrorist offenders: Scotland

In the Prisoners and Criminal Proceedings (Scotland) Act 1993, after section
1012AB insert—

“12AC Polygraph conditions for certain terrorist offenders released on
licence

(1) The Scottish Ministers may under section 12(1) (and in accordance with
section 12(3)) specify a polygraph condition in the licence of a person to
15whom this section applies.

(2) This section applies to a person who—

(a) is aged at least 18 on the day of his or her release, and

(b) is serving a sentence of imprisonment that—

(i) is not for a term of less than twelve months, and

(ii) 20was imposed in respect of a relevant terrorist offence.

(3) A “relevant terrorist offence” is—

(a) an offence that is specified in Part 1 or 2 of Schedule 1A
(terrorism offences carrying restricted eligibility for release on
licence),

(b) 25a service offence as respects which the corresponding civil
offence is so specified, or

(c) an offence that was determined to have a terrorist connection.

Paragraph (c) is to be read in accordance with section 1AB(5A)
(meaning of offences determined to have a terrorist connection).

(4) 30A polygraph condition is a condition which requires the released
person—

(a) to participate in polygraph sessions conducted with a view to—

(i) monitoring the person’s compliance with the other
conditions of the person’s licence, or

(ii) 35improving the way in which the person is managed
during the person’s release on licence,

(b) to participate in those polygraph sessions at such times as may
be specified in instructions given by the appropriate officer, and

(c) while participating in a polygraph session, to comply with
40instructions given to the person by the polygraph operator.

(5) The following may not be used in evidence against the released person
in any proceedings for an offence—

(a) any statement made by the released person while participating
in a polygraph session, or

(b) 45any physiological reaction of the released person while being
questioned in the course of a polygraph examination.