Counter-Terrorism and Sentencing Bill (HC Bill 129)

Part 2 Sexual offences

Sexual Offences Act 2003

10 An offence under either of the following provisions of the Sexual
5Offences Act 2003—

(a) section 5 (rape of a child under 13);

(b) section 6 (assault of a child under 13 by penetration).

Inchoate offences

11 An inchoate offence in relation to an offence specified paragraph
1010.

Abolished offences

12 (1) An abolished offence in relation to an offence specified in either of
the preceding paragraphs of this Part of this Schedule.

(2) “Abolished offence”, in relation to an offence (“the current
15offence”), means an offence that was—

(a) abolished before 13 April 2015, and

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

Section 23

SCHEDULE 7 20Offences attracting terrorism sentence with fixed licence period: Scotland

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

Section 205ZB

““Schedule 5ZB Terrorism Offences

Terrorism Act 2000

1 25An 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) 30section 15 (fund-raising);

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

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

(f) 35section 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
suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose
5knowledge 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) 10section 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) 15section 58A (publishing information about members of the
armed forces etc);

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

(r) section 61 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001

2 20An 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
25Act 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) 30section 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) 35section 11 (terrorist threats relating to radioactive devices
etc).

Counter-Terrorism Act 2008

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

40Terrorism Prevention and Investigation Measures Act 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).

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).

Ancillary offences

7 (1) 5An attempt to commit an offence specified in the preceding
paragraphs 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
10listed offence.

Abolished offences

8 An offence that—

(a) was abolished before the coming into force of this
Schedule, and

(b) 15if committed on the day on which this Schedule came into
force, would have constituted an offence specified in the
preceding paragraphs of this Part of this Schedule.”

Section 25

SCHEDULE 8 Corresponding provision about sentencing under service law

20Part 1 Serious terrorism sentences etc

1 The Armed Forces Act 2006 is amended as follows.

Serious terrorism sentence for services offences

2 After section 219 insert—

“219ZA 25 Serious terrorism sentence: offenders aged 18 or over

(1) This section applies where—

(a) a person is convicted by the Court Martial of a serious
terrorism offence (see subsection (11));

(b) the offence was committed on or after the day on which
30paragraph 2 of Schedule 8 to the Counter-Terrorism and
Sentencing Act 2020 came into force;

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

(d) the court is of the required opinion (see section 223(1A));

(e) 35the court does not impose a sentence of custody for life or (as
the case may be) a sentence of imprisonment for life; and

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

(2) The risk of multiple deaths condition is that the court is of the
opinion that—

(a) either—

(i) 5the serious terrorism offence, or

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

was very likely to result in or contribute to (whether directly
or indirectly) the deaths of at least two people as a result of
10an 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
likelihood.

(3) It is irrelevant for the purposes of determining whether the risk of
15multiple deaths condition is met whether or not any deaths actually
occurred.

(4) Where the offender is under 21 when convicted of the serious
terrorism offence, section 268B(2) of the Sentencing Code (duty to
impose a serious terrorism sentence of detention in young offender
20institution under section 268A) applies in relation to the offender.

(5) Section 268C of the Sentencing Code applies where a court is
required to impose a serious terrorism sentence under section 268A
by virtue of this section.

(6) In its application to an offender by virtue of subsection (5)—

(a) 25section 268C(2)(b) of the Sentencing Code has effect as if—

(i) for “section 231(2)” there were substituted “section
261(2) of the Armed Forces Act 2006”, and

(ii) after “section 265” there were inserted “passed as a
result of section 224A of that Act”, and

(b) 30section 268C(3) of the Code has effect as if after “other
specified offences” there were inserted “or further acts or
omissions that would be serious terrorism offences or other
specified offences if committed in England and Wales”.

(7) Where the offender is 21 or over when convicted of the serious
35terrorism offence, section 282B(2) of the Sentencing Code (duty to
impose serious terrorism sentence of imprisonment under section
282A) applies in relation to the offender.

(8) Section 282C of the Sentencing Code applies where a court is
required to impose a serious terrorism sentence under section 282A
40by virtue of this section.

(9) In its application to an offender by virtue of subsection (8)—

(a) section 282C(2)(b) of the Sentencing Code has effect as if—

(i) for “section 231(2)” there were substituted “section
261(2) of the Armed Forces Act 2006”, and

(ii) 45after “section 278” there were inserted “passed as a
result of section 224A of that Act”, and

(b) section 282C(3) of the Code has effect as if, after “other
specified offences” there were inserted “or further acts or

omissions that would be serious terrorism offences or other
specified offences if committed in England and Wales”.

(10) 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
5must be taken for the purposes of subsection (1) to have been
committed on the last of those days.

(11) In this section “serious terrorism offence” means —

(a) an offence under section 42 (criminal conduct) as respects
which the corresponding offence under the law of England
10and Wales is specified in Part 1 of Schedule 17A to the
Sentencing Code, or

(b) an offence under that section—

(i) as respects which the corresponding offence under
the law of England and Wales is specified in Part 2 of
15that Schedule, and

(ii) which has been determined to have a terrorist
connection under section 69 of the Code as applied by
section 238(6) of this Act.”

Reduction in appropriate custodial term for guilty plea

3 20In section 239 (reduction in sentence for guilty plea), after subsection (3)
insert—

“(3A) Subsection (3B) applies in the case of an offence the sentence for
which, as a result of section 219ZA(4) or (7) of this Act (serious
terrorism sentences) falls to be imposed under section 268A or 282A
25of the Sentencing Code.

(3B) Nothing in section 268C(2) or, as the case may be, 282C(2) of the
Sentencing Code prevents the court, after taking into account any
matter referred to in subsection (2) above, from imposing as the
appropriate custodial term a term of any length which is not less than
3080% of the term which would otherwise be required.”

Minimum term orders for serious terrorism offenders in cases of service offences

4 In section 261A (as inserted by the Sentencing Act 2020) (life sentences:
further provision), in subsection (3)—

(a) the words from “subsection (2)(c)(i)” to the end become paragraph
35(a),

(b) at the end insert—

“(b) subsection (7) has effect as if, after “by section 268B(2)
or 282B(2)” there were inserted “as a result of section
219ZA of the Armed Forces Act 2006”;

(c) 40subsection (9)(b) has effect as if—

(i) after “section 268B(2) or 282B(2)” there were
inserted “as a result of section 219ZA of the
Armed Forces Act 2006”;

(ii) for sub-paragraphs (i) and (ii) there were
45substituted—

“(“i) section 239 of that Act, and

(ii) section 304C of that Act”.””

Reduction in appropriate custodial term for assistance to prosecution

5 In section 304C (to be inserted by the Armed Forces Act 2016) (reduction in
sentence), after subsection (5) insert—

“(5A) 5The power of a court to act under subsection (2) is not affected by
section 268C(2) or 282C(2) of the Sentencing Code as applied by
section 219ZA(5) or (8) of this Act (minimum appropriate custodial
term for serious terrorism sentences) so far as the power relates to
determining the appropriate custodial term.”

10Part 2 Offences attracting special custodial sentence

6 In section 224A of the Armed Forces Act 2006 (as amended by the Sentencing
Act 2020) (special custodial sentence for offenders of particular concern)—

(a) in subsection (1)—

(i) 15in paragraph (a), omit “under section 42 (criminal conduct)”;

(ii) for paragraph (b) substitute—

“(b) the offence—

(i) is an offence under section 42 (criminal
conduct) as respects which the
20corresponding offence under the law
of England and Wales is listed in
Schedule 13 to the Sentencing Code
(except in paragraph 9 of that
Schedule), or

(ii) 25is an offence, other than one for which
the sentence is fixed by law as life
imprisonment, that is determined to
have a terrorist connection under
section 69 of the Sentencing Code (as
30applied by section 238(6)),”;

(b) omit subsection (4).

Part 3 Special custodial sentence for terrorist offenders of particular concern aged
under 18 at time of offence

7 35The Armed Forces Act 2006 is amended as follows.

8 (1) Section 224A (as amended by the Sentencing Act 2020) (special custodial
sentence for offenders of particular concern) is amended as follows.

(2) In the heading, at the end insert “aged 18 or over”.

(3) In subsection (1)—

(a) 40in paragraph (a), after “person” insert “aged 18 or over”;

(b) omit paragraph (c) (but not the final “and”).

(4) 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) 5the offence—

(i) was committed before the day on which paragraph 8
of Schedule 8 to the Counter-Terrorism and
Sentencing Act 2020 came into force, or

(ii) is an offence under section 42 as respects which the
10corresponding offence under the law of England and
Wales is listed in Part 2 of Schedule 13 to the
Sentencing Code (sexual offences).”

9 After section 224A insert—

“224B Special sentence of detention for terrorist offenders of particular
15concern aged under 18

(1) Subsections (3) and (4) apply where—

(a) a person aged under 18 is convicted by the Court Martial of
an offence committed on or after day on which paragraph 9
of Schedule 8 to the Counter-Terrorism and Sentencing Act
202020 comes into force,

(b) the offence—

(i) is an offence under section 42 (criminal conduct) as
respects which the corresponding offence under the
law of England and Wales is listed in Part 1 of
25Schedule 13 to the Sentencing Code (except in
paragraph 9 of that Schedule) (terrorism offences), or

(ii) is an offence, other than one for which the sentence is
fixed by law as life imprisonment, that is determined
to have a terrorist connection under section 69 of the
30Sentencing Code (as applied by section 238(6)),

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

(i) a sentence of detention for life under section 209, or

(ii) an extended sentence of detention under section 254
35of the Sentencing Code (as applied by section 221A of
this Act), and

(d) the court would, apart from this section, impose a custodial
sentence (see, in particular, section 260(2)).

(2) In determining for the purposes of subsection (1)(d) whether it
40would impose a custodial sentence, the court must disregard any
restriction on 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) Subsections (4) and (5) of section 252A of the Sentencing Code apply
45in relation to the term of the sentence.

(5) 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 the last of those days.”

Section 27

SCHEDULE 9 Offences carrying restricted eligibility of terrorist prisoners for release on
5licence: England and Wales

This is the Schedule to be substituted for Schedule 19ZA to the Criminal
Justice Act 2003—

Section 247A

““Schedule 19ZA Offences carrying restricted eligibility of terrorist prisoners for
release on licence

10Part 1 Terrorism offences punishable with imprisonment for life

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

(a) section 54 (weapons training);

(b) 15section 56 (directing a terrorist organisation);

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

(d) section 60 (inciting terrorism overseas: Northern Ireland),
20other than an offence which is an offence by virtue of
subsection (2)(c) of that section;

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

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).

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

(2) 35Conspiracy to commit a listed offence.

(3) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

(4) Incitement to commit a listed offence.

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

4 An offence that was—

(a) abolished before the coming into force of this Schedule,
5and

(b) if committed on the day on which this Schedule came into
force, would have constituted an offence specified in any
of the preceding paragraphs of this Part of this Schedule.

Part 2 10Terrorism offences punishable with imprisonment for more than two
years (but not life)

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

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

(b) 15section 12 (inviting or expressing support for a proscribed
organisation);

(c) section 15 (fund-raising);

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

(e) 20section 17 (involvement in terrorist funding
arrangements);

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

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

(h) 25section 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) section 38B (failure to disclose information about acts of
30terrorism);

(k) section 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
35terrorist);

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

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

(p) section 59 (inciting terrorism overseas: England and
40Wales), 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;

(q) section 60 (inciting terrorism overseas: Northern Ireland),
45in 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.

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

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

(a) section 1 (encouragement of terrorism);

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

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

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

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

10 An offence under section 10 of the Counter-Terrorism and
15Security Act 2015 (breach of temporary exclusion order).

11 (1) An attempt to commit an offence specified in a preceding
paragraph of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) An offence under Part 2 of the Serious Crime Act 2007 in relation
20to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

(4) Incitement to commit a listed offence.

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

12 25An offence that was—

(a) abolished before the coming into force of this Schedule,
and

(b) if committed on the day on which this Schedule came into
force, would have constituted an offence specified in any
30of the preceding paragraphs of this Part of this Schedule.

Part 3 Other offences punishable with imprisonment for life

13 Manslaughter.

14 Culpable homicide (under the law of Scotland).

15 35Kidnapping.

16 False imprisonment.

17 Abduction (under the law of Scotland).

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

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

20 40Assault and poisoning (under the law of Scotland).