Serious crime prevention orders

45 Police powers to apply for serious crime prevention orders in terrorism cases

Schedule 12 amends the Serious Crime Act 2007 to make provision conferring
powers on chief officers of police to apply for serious crime prevention orders
5in terrorism-related cases.

46 Serious crime prevention orders: review of operation of police powers

(1) The Secretary of State must—

(a) review the operation of the amendments made by this Act to the
Serious Crime Act 2007 (see Schedule 12), and

(b) 10publish the outcome of the review in a report.

(2) The report must be published before the end of the period of 3 years beginning
with the day on which section 45 comes into force.

(3) The Secretary of State must lay the report before Parliament.

“Prevent” strategy

47 15Persons vulnerable to being drawn into terrorism: timing of independent
review

(1) In section 20 of the Counter-Terrorism and Border Security Act 2019 (support
for persons vulnerable to being drawn into terrorism)—

(a) in subsection (8), omit the words from “, within the period” to
20“passed,”;

(b) in subsection (9), omit the words from “, within the period” to the end.

(2) The amendments made by subsection (1) are to be treated as having had effect
from the time when section 20 of the Counter-Terrorism and Border Security
Act 2019 came into force.

25Part 4 General

48 Consequential and related amendments

Schedule 13 contains consequential and other related amendments.

49 Power to state effect in Sentencing Act 2020 of commencement of
30amendments made by this Act

The power in section 419(1) of the Sentencing Act 2020 (power to state effect of
commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of that Act as it applies in relation to an amendment
or repeal made by Schedule 22 to that Act.

50 Power to make further consequential provision

(1) The Secretary of State may by regulations make provision in consequence of
this Act.

(2) The power conferred by subsection (1) includes power—

(a) 5to amend, repeal or revoke any provision of primary legislation or
subordinate legislation (including legislation passed or made on or
before the last day of the Session in which this Act is passed);

(b) to make different provision for different purposes;

(c) to make transitional, transitory or saving provision.

(3) 10Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument that contains (with or without other provision)
regulations under this section which amend, repeal or revoke primary
legislation may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(5) 15Any other statutory instrument that contains regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) In this section—

• “primary legislation” means—

  (a)

  20an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  an Act or Measure of Senedd Cymru;

  (d)

  Northern Ireland legislation;

• “subordinate legislation” means—

  (a)

  25subordinate legislation within the meaning of the Interpretation
  Act 1978;

  (b)

  an instrument made under an Act of the Scottish Parliament;

  (c)

  an instrument made under an Act or Measure of Senedd
  Cymru;

  (d)

  30an instrument made under Northern Ireland legislation.

51 Extent

(1) A provision of this Act which amends, repeals or revokes an enactment has the
same extent within the United Kingdom as the enactment amended, repealed
or revoked.

(2) 35Subject to subsections (3) and (4), the other provisions of this Act extend to
England and Wales, Scotland and Northern Ireland.

(3) Section 21(2) extends to England and Wales only.

(4) Section 47(2) extends to England and Wales and Scotland.

(5) The power under section 39(6) of the Terrorism Act 2006 (extension to the
40Channel Islands or the Isle of Man) may be exercised in relation to any
amendments made to that Act by this Act.

(6) The power under section 31(4) of the Terrorism Prevention and Investigation
Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
to any amendments made to that Act by this Act.

52 Commencement

(1) 5The following provisions come into force on the day after the day on which this
Act is passed—

(a) section 3 (and Schedule 3);

(b) section 21 (and Schedule 6);

(c) section 22;

(d) 10section 23 (and Schedule 7);

(e) section 24;

(f) section 30;

(g) section 47;

(h) sections 49 to 51, this section and section 53;

(i) 15the following provisions in Schedule 13 (and section 48 to the extent
that it relates to those provisions)—

(i) Parts 3 and 4 of that Schedule;

(ii) paragraph 19;

(iii) paragraph 20 other than sub-paragraph (3);

(iv) 20paragraph 22;

(v) paragraph 24 other than sub-paragraph (4)(a);

(vi) paragraphs 26 to 30;

(vii) Part 9.

(2) The following provisions come into force at the end of the period of two
25months beginning with the day on which this Act is passed—

(a) section 1 (and Schedule 1);

(b) section 2 (and Schedule 2);

(c) sections 4 and 5;

(d) section 6 (and Schedule 4);

(e) 30sections 7 to 18;

(f) section 19 (and Schedule 5);

(g) section 20;

(h) section 26;

(i) section 27 (and Schedule 9);

(j) 35section 28 (and Schedule 10);

(k) section 29;

(l) section 31;

(m) section 36 (and Schedule 11);

(n) sections 37 to 44;

(o) 40section 45 (and Schedule 12);

(p) section 46;

(q) the following provisions in Schedule 13 (and section 48 to the extent
that it relates to those provisions)—

(i) Parts 1 and 2 of that Schedule;

(ii) 45paragraphs 20(3), 21, 23, 24(4)(a) and 25;

(iii) Parts 7 and 8.

(3) The following provisions of this Act come into force on such day as the
Secretary of State may by regulations appoint—

(a) section 25 (and Schedule 8);

(b) sections 32 to 35.

(4) 5Different days may be appointed for different purposes.

(5) The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act.

(6) Regulations under this section are to be made by statutory instrument.

53 10Short title

This Act may be cited as the Counter-Terrorism and Sentencing Act 2020.

SCHEDULES

Section 1

SCHEDULE 1 Offences where terrorist connection not required to be considered

Part 1 5England and Wales; service offences

This is the Schedule to be inserted as Schedule A1 to the Sentencing Code—

Section 69

““Schedule A1 Offences where terrorist connection not required to be considered

Terrorism Act 2000

1 An offence under any of the following provisions of the Terrorism
10Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed
organisation);

(c) section 15 (fund-raising);

(d) 15section 16 (use of money or property for terrorist
purposes);

(e) section 17 (involvement in terrorist funding
arrangements);

(f) section 17A (insuring payments made in response to
20terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or
suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose
25knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of
terrorism);

(k) section 39 (disclosure of information prejudicial to a
terrorist investigation etc);

(l) 30section 54 (weapons training);

(m) section 56 (directing a terrorist organisation);

(n) section 57 (possession of article for terrorist purposes);

(o) section 58 (collection of information likely to be of use to a
terrorist);

(p) section 58A (publishing information about members of the
armed forces etc);

(q) section 58B (entering or remaining in a designated area);

(r) section 59 (inciting terrorism overseas).

5Anti-terrorism, Crime and Security Act 2001

2 An offence under section 113 of the Anti-terrorism, Crime and
Security Act 2001 (use of noxious substance or thing to cause harm
or intimidate).

Terrorism Act 2006

3 10An offence under any of the following provisions of the Terrorism
Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) 15section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or
material);

(g) section 10 (misuse of radioactive device or material for
20terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices
etc).

Counter-Terrorism Act 2008

4 An offence under section 54 of the Counter-Terrorism Act 2008
25(breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011

5 An offence under section 23 of the Terrorism Prevention and
Investigation Measures Act 2011 (breach of notices imposing
terrorism prevention and investigation measures).

30Counter-Terrorism and Security Act 2015

6 An offence under section 10 of the Counter-Terrorism and
Security Act 2015 (breach of temporary exclusion order).

Inchoate offences

7 An inchoate offence (see section 398) in relation to an offence
35specified in any of the preceding paragraphs of this Schedule.”

Part 2 Scotland and Northern Ireland

This is the Schedule to be inserted as Schedule 1A to the Counter-Terrorism

Act 2008—

Sections 30 and 31

““Schedule 1A Offences where terrorist connection not required to be considered

Terrorism Act 2000

1 An offence under any of the following provisions of the Terrorism
5Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed
organisation);

(c) section 15 (fund-raising);

(d) 10section 16 (use of money or property for terrorist
purposes);

(e) section 17 (involvement in terrorist funding
arrangements);

(f) section 17A (insuring payments made in response to
15terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or
suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose
20knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of
terrorism);

(k) section 39 (disclosure of information prejudicial to a
terrorist investigation etc);

(l) 25section 54 (weapons training);

(m) section 56 (directing a terrorist organisation);

(n) section 57 (possession of article for terrorist purposes);

(o) section 58 (collection of information likely to be of use to a
terrorist);

(p) 30section 58A (publishing information about members of the
armed forces etc);

(q) section 58B (entering or remaining in a designated area);

(r) section 60 (inciting terrorism overseas: Northern Ireland);

(s) section 61 (inciting terrorism overseas: Scotland).

35Anti-terrorism, Crime and Security Act 2001

2 An offence under section 113 of the Anti-terrorism, Crime and
Security Act 2001 (use of noxious substance or thing to cause harm
or intimidate).

Terrorism Act 2006

3 40An offence under any of the following provisions of the Terrorism
Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or
5material);

(g) section 10 (misuse of radioactive device or material for
terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices
etc).

10Counter-Terrorism Act 2008

4 An offence under section 54 of the Counter-Terrorism Act 2008
(breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011

5 An offence under section 23 of the Terrorism Prevention and
15Investigation Measures Act 2011 (breach of notices imposing
terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015

6 An offence under section 10 of the Counter-Terrorism and
Security Act 2015 (breach of temporary exclusion order).

20Ancillary offences

7 An ancillary offence in relation to an offence specified in any of the
preceding paragraphs of this Schedule.”

Section 2

SCHEDULE 2 Serious terrorism offences: England and Wales

25This is the Schedule to be inserted as Schedule 17A to the Sentencing Code—

Section 306

““Schedule 17A Serious terrorism offences

Part 1 Terrorism offences

Terrorism Act 2000

1 30An offence under any of the following provisions of the Terrorism
Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 59 (inciting terrorism overseas), other than an
offence which is an offence by virtue of subsection (2)(c) of
that section.

Terrorism Act 2006

2 5An offence under any of the following provisions of the Terrorism
Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or
10material);

(d) section 10 (misuse of radioactive device or material for
terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices
etc).

15Inchoate offences

3 An inchoate offence (see section 398) in relation to an offence
specified in any of the preceding paragraphs of this Part of this
Schedule.

Part 2 20Other offences (in case where determination of terrorist connection
under section 69 is made)

Common law offences

4 Manslaughter.

5 Kidnapping.

6 25False imprisonment.

Offences against the Person Act 1861

7 An offence under any of the following provisions of the Offences
against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) 30section 18 (wounding with intent to cause grievous bodily
harm);

(c) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in the committing of an indictable
offence);

(d) 35section 22 (using chloroform etc to commit or assist in the
committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous
bodily harm);

(g) 40section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883

8 An offence under any of the following provisions of the Explosive
Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or
5property);

(b) section 3 (attempt to cause explosion, or making or
keeping explosive with intent to endanger life or
property);

(c) section 4 (making or possession of explosive under
10suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing
or attempting to cause explosions or making or possessing
explosives).

Infant Life (Preservation) Act 1929

9 15An offence under section 1 of the Infant Life (Preservation) Act
1929 (child destruction).

Infanticide Act 1938

10 An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

11 20An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
life);

(b) section 17(1) (use of firearm to resist arrest);

(c) 25section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to that
Act);

(d) section 18 (carrying a firearm with criminal intent).

Theft Act 1968

12 30An offence under either of the following provisions of the Theft
Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

Criminal Damage Act 1971

13 (1) 35An offence of arson under section 1 of the Criminal Damage Act
1971.

(2) An offence under section 1(2) of that Act (destroying or damaging
property) other than an offence of arson.