Counter-Terrorism and Sentencing Bill (HC Bill 129)

Biological Weapons Act 1974

14 An offence under section 1 of the Biological Weapons Act 1974
(developing certain biological agents and toxins or biological
weapons).

5Taking of Hostages Act 1982

15 An offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking).

Aviation Security Act 1982

16 An offence under any of the following provisions of the Aviation
10Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of
aircraft);

(c) section 3 (other acts endangering or likely to endanger
15safety of aircraft);

(d) section 6(2) (inducing or assisting commission of offences
relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

17 An offence under either of the following provisions of the Nuclear
20Material (Offences) Act 1983—

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

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

Criminal Justice Act 1988

18 25An offence under section 134 of the Criminal Justice Act 1988
(torture).

Aviation and Maritime Security Act 1990

19 An offence under any of the following provisions of the Aviation
and Maritime Security Act 1990—

(a) 30section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or
endangering their safety);

(e) 35section 12 (other acts endangering or likely to endanger
safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of
offences relating to hijacking of ships, or destroying ships
40or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994

20 An offence under Part 2 of the Channel Tunnel (Security) Order
1994 (S.I. 1994/570S.I. 1994/570) (offences relating to Channel Tunnel trains
and the tunnel system).

5Chemical Weapons Act 1996

21 An offence under either of the following provisions of the
Chemical Weapons Act 1996—

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

(b) section 11 (premises or equipment used for producing
10chemical weapons).

International Criminal Court Act 2001

22 An offence under section 51 or 52 of the International Criminal
Court Act 2001 (genocide, crimes against humanity, war crimes
and related offences), other than one involving murder.

15Anti-terrorism, Crime and Security Act 2001

23 An offence under either of the following provisions of the Anti-
terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related
20acts overseas).

Modern Slavery Act 2015

24 An offence under either of the following provisions of the Modern
Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory
25labour);

(b) section 2 (human trafficking).

Space Industry Act 2018

25 An offence under any of the following provisions of Schedule 4 to
the Space Industry Act 2018—

(a) 30paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the
safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger
safety of spacecraft);

(d) 35paragraph 4 (endangering safety at spaceports).

Inchoate offences

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

27 40An inchoate offence in relation to murder.”

Section 3

SCHEDULE 3 Offences for the purposes of this Act: Northern Ireland

This is the Schedule to be inserted as Schedule 2A to the Criminal Justice
(Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1))—

Article 12(6)

““Schedule 2A 5Offences specified for various purposes of this Order relating to
terrorism

Part 1 Introduction

1 (1) In this Schedule—

(a) 10Part 2 specifies certain terrorism offences that are—

(i) offences under the law of Northern Ireland; and

(ii) punishable with imprisonment for life;

(b) Part 3 specifies certain offences that—

(i) are offences under the law of Northern Ireland;

(ii) 15are not terrorism offences (but are offences capable
of being determined to have a terrorist connection);
and

(iii) are punishable with imprisonment for life;

(c) Part 4 specifies certain terrorism offences that are—

(i) 20offences under the law of Northern Ireland; and

(ii) punishable with imprisonment for more than two
years (but not for life);

(d) Part 5 specifies certain terrorism offences that are—

(i) offences only under the law of a part of the United
25Kingdom other than Northern Ireland; and

(ii) punishable with imprisonment for life;

(e) Part 6 specifies certain offences that—

(i) are offences only under the law of a part of the
United Kingdom other than Northern Ireland;

(ii) 30are not terrorism offences (but are offences capable
of being determined to have a terrorist connection);
and

(iii) are punishable with imprisonment for life;

(f) Part 7 specifies certain terrorism offences that are—

(i) 35offences only under the law of a part of the United
Kingdom other than Northern Ireland; and

(ii) punishable with imprisonment for more than two
years (but not for life).

(2) An offence specified in Parts 2 to 4 includes, for the purposes of
40Articles 20A and 24A, that offence to the extent that it also forms
part of the law of another part of the United Kingdom (and see
also paragraph 15(2) of Schedule 1 to the Crime (Sentences) Act
1997 for provision relevant to the application of those Articles to
offences under the law of another part of the United Kingdom).

(3) In this Schedule any reference to an offence includes—

(a) an ancillary offence in relation to that offence (unless the
reference is specifically to an ancillary offence); and

(b) an abolished offence in relation to that offence.

(4) 5In this Schedule—

(a) “ancillary offence”, in relation to an offence, has the same
meaning as in the Counter-Terrorism Act 2008 (see section
94 of that Act);

(b) “abolished offence”, in relation to an offence (“the current
10offence”), means an offence that was—

(i) abolished before the commencement of section 3 of
the Counter-Terrorism and Sentencing Act 2020;
and

(ii) would, if committed on the day on which the
15offender is or was convicted, have constituted the
current offence.

Part 2 Terrorism offences in Northern Ireland punishable with
imprisonment for life

2 20An 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 60 (inciting terrorism overseas), other than an
25offence which is an offence by virtue of subsection (2)(c) of
that section.

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

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

(b) 30section 6 (training for terrorism);

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

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

(e) 35section 11 (terrorist threats relating to radioactive devices
etc).

Part 3 Other offences in Northern Ireland punishable with imprisonment
for life

4 40An ancillary offence in relation to murder, other than one which
must (in the case of an offender aged 21 or over) be punished by
imprisonment for life.

5 Manslaughter.

6 Kidnapping.

7 False imprisonment.

8 Riot.

9 Affray.

10 An offence under any of the following provisions of the Offences
5against the Person Act 1861—

(a) section 4 (soliciting murder);

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

(c) section 21 (attempting to choke, suffocate or strangle in
10order to commit or assist in the committing of an indictable
offence);

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

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

(f) 15section 29 (using explosives etc with intent to do grievous
bodily harm);

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

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

(a) 20section 2 (causing explosion likely to endanger life or
property);

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

(c) 25section 4 (making or possession of explosive under
suspicious circumstances);

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

12 30An offence under section 1 of the Infanticide Act (Northern
Ireland) 1939 (infanticide).

13 An offence under section 25 of the Criminal Justice Act (Northern
Ireland) 1945 (child destruction).

14 An offence under either of the following provisions of the Theft
35Act (Northern Ireland) 1969—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

15 An offence under section 1 of the Biological Weapons Act 1974
(developing certain biological agents and toxins or biological
40weapons).

16 (1) An offence of arson under Article 3 of the Criminal Damage
(Northern Ireland) Order 1977.

(2) An offence under Article 3(2) of that Order (destruction or damage
of property with intent or recklessness as to endangerment of life)
45other than an offence of arson.

17 An offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking).

18 An offence under any of the following provision of the Aviation
Security Act 1982—

(a) 5section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of
aircraft);

(c) section 3 (other acts endangering or likely to endanger
safety of aircraft);

(d) 10section 6(2) (inducing or assisting commission of offences
relating to safety of aircraft).

19 An offence under either of the following provisions of the Nuclear
Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the
15environment);

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

20 An offence under section 134 of the Criminal Justice Act 1988
(torture).

21 An offence under any of the following provisions of the Aviation
20and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or
25endangering their safety);

(e) section 12 (other acts endangering or likely to endanger
safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of
30offences relating to hijacking of ships, or destroying ships
or fixed platforms or endangering their safety).

22 An offence under Part 2 of the Channel Tunnel (Security) Order
1994 (S.I. 1994/570S.I. 1994/570) (offences relating to Channel Tunnel trains
and the tunnel system).

23 35An offence under either of the following provisions of the
Chemical Weapons Act 1996—

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

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

24 40An offence under section 58 or 59 of the International Criminal
Court Act 2001 (genocide, crimes against humanity, war crimes
and related offences), other than one involving murder.

25 An offence under either of the following provisions of the Anti-
Terrorism, Crime and Security Act 2001—

(a) 45section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related
acts overseas).

26 An offence under any of the following provisions of the Firearms
(Northern Ireland) Order 2004—

(a) Article 58(1) (possession of firearm with intent to endanger
life etc);

(b) 5Article 59(1) (use of firearm to resist arrest);

(c) Article 59(2) (possession of firearm while committing other
offence);

(d) Article 60 (carrying a firearm with criminal intent).

27 An offence under either of the following provisions of the Human
10Trafficking and Exploitation (Criminal Justice and Support for
Victims) Act (Northern Ireland) 2015—

(a) section 1 (slavery, servitude and forced or compulsory
labour);

(b) section 2 (human trafficking).

28 15An offence under any of the following provisions of Schedule 4 to
the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the
safety of spacecraft);

(c) 20paragraph 3 (other acts endangering or likely to endanger
safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

Part 4 Terrorism offences in Northern Ireland punishable with
25imprisonment for more than two years (but not life)

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

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

(b) section 12 (inviting or expressing support for a proscribed
30organisation);

(c) section 15 (fund-raising);

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

(e) section 17 (involvement in terrorist funding
35arrangements);

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

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

(h) section 19 (failure to disclose professional belief or
40suspicion about terrorist offences);

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

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

(k) 45section 39 (disclosure of information prejudicial to a
terrorist investigation etc);

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

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

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

(o) 5section 58B (entering or remaining in a designated area);

(p) section 60 (inciting terrorism overseas), in the case of an
offence which is an offence by virtue of the reference in
subsection (2)(c) of that section to an offence under section
23 of the Offences against the Person Act 1861.

30 10An offence under section 113 of the Anti-terrorism, Crime and
Security Act 2001 (use of noxious substance or thing to cause harm
or intimidate).

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

(a) 15section 1 (encouragement of terrorism);

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

(c) section 8 (attendance at a place used for terrorist training).

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

33 20An offence under section 23 of the Terrorism Prevention and
Investigation Measures Act 2011 (breach of notices imposing
terrorism prevention and investigation measures).

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

25Part 5 Terrorism offences only in other parts of the United Kingdom
punishable with imprisonment for life

35 An offence under either of the following provisions of the
Terrorism Act 2000—

(a) 30section 59 (inciting terrorism overseas: England and
Wales), other than an offence which is an offence by virtue
of subsection (2)(c) of that section;

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

Part 6 35Other offences only in other parts of the United Kingdom punishable
with imprisonment for life

36 Culpable homicide (under the law of Scotland).

37 Abduction (under the law of Scotland).

38 Assault by explosive device (under the law of Scotland).

39 40Assault to severe injury (under the law of Scotland).

40 Assault and poisoning (under the law of Scotland).

41 Poisoning (under the law of Scotland).

42 Robbery (under the law of Scotland).

43 Assault with intent to rob (under the law of Scotland).

44 Wilful fire-raising (under the law of Scotland).

45 5Malicious mischief (under the law of Scotland).

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

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

48 An offence under any of the following provisions of the Firearms
10Act 1968—

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

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

(c) section 17(2) (possession of firearm at time of committing
15or being arrested for offence specified in Schedule 1 to that
Act);

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

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

(a) 20section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

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

(2) An offence under section 1(2) of that Act (destruction or damage
25of property with intent or recklessness as to endangerment of life)
other than an offence of arson.

51 An offence under section 51 or 52 of the International Criminal
Court Act 2001 (genocide, crimes against humanity, war crimes
and related offences: England and Wales), other than one
30involving murder.

52 An offence under section 1 or 2 of the International Criminal Court
(Scotland) Act 2001 (asp 13)2001 (asp 13) (genocide, crimes against humanity,
war crimes and related offences), other than one involving
murder.

53 35An offence under either of the following provisions of the Modern
Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory
labour);

(b) section 2 (human trafficking).

54 40An offence under either of the following provisions of the Human
Trafficking and Exploitation (Scotland) Act 2015 (asp 12)2015 (asp 12)—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory
labour).

Part 7 Terrorism offences only in other parts of the United Kingdom
punishable with imprisonment for more than two years (but not life)

55 An offence under section 59 of the Terrorism Act 2000 (inciting
5terrorism overseas: England and Wales), in the case of an offence
which is an offence by virtue of the reference in subsection (2)(c)
of that section to an offence under section 23 of the Offences
against the Person Act 1861.”

Section 6

SCHEDULE 4 10Serious terrorism offences: Scotland

This is the Schedule to be inserted as Schedule 5ZA to the Criminal
Procedure (Scotland) Act 1995—

Section 205ZA

““Schedule 5ZA Serious terrorism offences

Part 1 15Terrorism offences

Terrorism Act 2000

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

(a) section 54 (weapons training);

(b) 20section 56 (directing a terrorist organisation);

(c) section 61 (inciting terrorism overseas).

Terrorism Act 2006

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

(a) 25section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

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

(d) section 10 (misuse of radioactive device or material for
30terrorist purposes etc);

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

Ancillary offences

3 (1) An attempt to commit an offence specified in the preceding
35paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.