Counter-Terrorism and Sentencing Bill (HC Bill 129)

Counter-Terrorism and Sentencing BillPage 60

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

Part 2 5Other offences (in case where aggravated by having a terrorist
connection under section 31 of the counter-terrorism act 2008)

Common law offences

4 Culpable homicide.

5 Abduction.

6 10Assault by explosive device.

7 Assault to severe injury.

8 Assault and poisoning.

9 Poisoning.

10 Robbery.

11 15Assault with intent to rob.

12 Wilful fire-raising.

13 Malicious mischief.

Explosive Substances Act 1883

14 An offence under any of the following provisions of the Explosive
20Substances Act 1883—

(a) section 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
25property);

(c) section 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
30explosives).

Firearms Act 1968

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

(a) section 16 (possession of firearm with intent to endanger
35life);

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

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

Counter-Terrorism and Sentencing BillPage 61

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

Biological Weapons Act 1974

16 An offence under section 1 of the Biological Weapons Act 1974
(developing certain biological agents and toxins or biological
5weapons).

Taking of Hostages Act 1982

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

Aviation Security Act 1982

18 10An offence under any of the following provisions of the Aviation
Security Act 1982—

(a) section 1 (hijacking);

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

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

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

Nuclear Material (Offences) Act 1983

19 20An offence under either of the following provisions of the Nuclear
Material (Offences) Act 1983—

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

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

25Criminal Justice Act 1988

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

Aviation and Maritime Security Act 1990

21 An offence under any of the following provisions of the Aviation
30and 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
35endangering 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
40offences relating to hijacking of ships, or destroying ships
or fixed platforms or endangering their safety).

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Channel Tunnel (Security) Order 1994

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).

5Chemical Weapons Act 1996

23 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).

Anti-terrorism, Crime and Security Act 2001

24 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) 15section 50 (assisting or inducing certain weapons-related
acts overseas).

International Criminal Court (Scotland) Act 2001 (asp 13)2001 (asp 13)

25 An offence under section 1 or 2 of the International Criminal Court
(Scotland) Act 2001 (genocide, crimes against humanity, war
20crimes and related offences), other than one involving murder.

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)2015 (asp 12)

26 An offence under either of the following provisions of the Human
Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (human trafficking);

(b) 25section 4 (slavery, servitude and forced or compulsory
labour).

Space Industry Act 2018

27 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).

Ancillary offences

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

(2) Conspiracy to commit a listed offence.

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(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

29 (1) An attempt to commit murder.

(2) 5Conspiracy to commit murder.

(3) Incitement to commit murder.”

Section 19

SCHEDULE 5 Terrorism offences attracting extended sentence: Scotland

This is the Schedule to be inserted as Schedule 5ZC to the Criminal
10Procedure (Scotland) Act 1995—

Section 210A

“Schedule 5ZC Terrorism offences

Part 1 Terrorism offences

Terrorism Act 2000

1 15An 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
organisation);

(c) 20section 54 (weapons training);

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

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

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

(g) 25section 58A (publishing information about members of the
armed forces etc);

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

(i) section 61 (inciting terrorism overseas).

Anti-Terrorism, Crime and Security Act 2001

2 30An offence under section 113 of the Anti-Terrorism, Crime and
Security Act 2001 (use of noxious substances to harm or
intimidate).

Terrorism Act 2006

3 An offence under any of the following provisions of the Terrorism
35Act 2006—

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(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) 5section 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
terrorist purposes etc);

(h) 10section 11 (terrorist threats relating to radioactive devices
etc).

Ancillary offences

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

(2) 15Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

Part 2 20Other offences (in case where aggravated by having a terrorist
connection under section 31 of the counter-terrorism act 2008)

Common law offences

5 Culpable homicide.

6 Abduction.

7 25Assault by explosive device.

8 Assault to severe injury.

9 Assault and poisoning.

10 Poisoning.

11 Robbery.

12 30Assault with intent to rob.

13 Wilful fire-raising.

14 Malicious mischief.

Explosive Substances Act 1883

15 An offence under any of the following provisions of the Explosive
35Substances Act 1883—

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

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(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
5suspicious circumstances);

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

Firearms Act 1968

16 10An 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) 15section 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).

Biological Weapons Act 1974

17 20An offence under section 1 of the Biological Weapons Act 1974
(developing certain biological agents and toxins or biological
weapons).

Taking of Hostages Act 1982

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

Aviation Security Act 1982

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

(a) section 1 (hijacking);

(b) 30section 2 (destroying, damaging or endangering safety of
aircraft);

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

(d) section 6(2) (inducing or assisting commission of offences
35relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

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

(a) section 1B (offences relating to damage to the
40environment);

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

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Criminal Justice Act 1988

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

Aviation and Maritime Security Act 1990

22 5An offence under any of the following provisions of the Aviation
and 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) 10section 11 (destroying ships or fixed platforms or
endangering their safety);

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

(f) section 13 (offences involving threats);

(g) 15section 14(4) (inducing or assisting the commission of
offences relating to hijacking of ships, or destroying ships
or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994

23 An offence under Part 2 of the Channel Tunnel (Security) Order
201994 (S.I. 1994/570S.I. 1994/570) (offences relating to Channel Tunnel trains
and the tunnel system).

Chemical Weapons Act 1996

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

(a) 25section 2 (use etc of chemical weapons);

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

Anti-terrorism, Crime and Security Act 2001

25 An offence under either of the following provisions of the Anti-
30terrorism, Crime and Security Act 2001—

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

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

International Criminal Court (Scotland) Act 2001 (asp 13)2001 (asp 13)

26 35An offence under section 1 or 2 of the International Criminal Court
(Scotland) Act 2001 (genocide, crimes against humanity, war
crimes and related offences), other than one involving murder.

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)2015 (asp 12)

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

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(a) section 1 (human trafficking);

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

Space Industry Act 2018

28 5An 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) 10paragraph 3 (other acts endangering or likely to endanger
safety of spacecraft);

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

Ancillary offences

29 (1) An attempt to commit an offence specified in the preceding
15paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a
listed offence.

30 (1) 20An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.”

Section 21

SCHEDULE 6 Offences attracting special custodial sentence for offenders of particular
25concern: England and Wales

This is the Schedule to be substituted for Schedule 13 to the Sentencing
Code—

Sections 252A, 265 and 278

“Schedule 13 Special sentence for offenders of particular concern: offences

Part 1 30Offences involving or connected with terrorism

Terrorism Act 2000

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

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

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

(c) section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist
5purposes);

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

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

(g) 10section 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
knowledge or suspicion about terrorist offences);

(j) 15section 38B (failure to disclose information about acts of
terrorism);

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

(l) section 54 (weapons training);

(m) 20section 56 (directing 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
25armed forces etc);

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

(r) section 59 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001

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

Terrorism Act 2006

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

(a) 35section 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) 40section 9 (making or possession of radioactive device or
material);

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

(h) section 11 (terrorist threats relating to radioactive devices
45etc).

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Counter-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 5An offence under section 23 of the Terrorism Prevention and
Investigation 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
10Security Act 2015 (breach of temporary exclusion order).

Inchoate offences

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

Abolished offences

8 (1) 15An abolished offence in relation to an offence specified in any of
the preceding paragraphs of this Part of this Schedule.

(2) “Abolished offence”, in relation to an offence (“the current
offence”), means an offence that was—

(a) abolished before the relevant date, and

(b) 20would, if committed on the day on which the offender is or
was convicted, have constituted the current offence.

(3) The relevant date is 13 April 2015, unless sub-paragraph (4) or (5)
applies.

(4) If the current offence is within—

(a) 25sub-paragraph (a), (b), (o), (p) or (q) of paragraph 1,

(b) sub-paragraph (a), (b) or (e) of paragraph 3, or

(c) paragraph 7 by virtue of any provision referred to in
paragraph (a) or (b),

the relevant date is 12 April 2019.

(5) 30If the current offence is within—

(a) sub-paragraphs (c) to (k) of paragraph 1,

(b) paragraph 4, 5 or 6,or

(c) paragraph 7 by virtue of any provision referred to in
paragraph (a) or (b),

35the relevant date is the date on which section 21 of the Counter-
Terrorism and Sentencing Act 2020 comes into force.

Offences connection with terrorism

9 An offence, other than one for which the sentence is fixed by law
as life imprisonment, which is determined to have a terrorist
40connection under section 69.