Counter-Terrorism and Sentencing Act 2021

PART 1 — Sentencing of terrorist and certain other offenders

Offences to be sentenced as terrorist offences

Extended custodial sentences for serious terrorism offenders: Northern Ireland

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• (1) The Sentencing Code is amended as set out in subsections (2) and (3).

• (2) In section 69 (offences aggravated by terrorist connection)—

• (a) in subsection (1), for the words from “specified” to the end substitute “ within subsection (4) or (5) ”;

• (b) after subsection (3) insert—

(4) An offence is within this subsection if it— (a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) is punishable on indictment with imprisonment for more than 2 years, and (c) is not specified in Schedule A1. (5) An offence is within this subsection if it— (a) was committed before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and (b) is specified in Schedule 1. (6) 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 subsections (4) and (5) to have been committed on the last of those days.

• (3) Before Schedule 1 insert, as Schedule A1, the Schedule set out in Part 1 of Schedule 1 to this Act.

• (4) The Counter-Terrorism Act 2008 is amended as follows.

• (5) In section 30 (offences aggravated by terrorist connection: Northern Ireland)—

• (a) in subsection (1), for the words from “specified” to the end substitute “ within subsection (5A) or (5B) ”;

• (b) after subsection (5) insert—

(5A) An offence is within this subsection if it— (a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and (c) is not specified in Schedule 1A. (5B) An offence is within this subsection if it— (a) was committed— (i) on or after 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which extended this section to Northern Ireland, came into force), but (ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and (b) is specified in Schedule 2. (5C) 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 subsections (5A) and (5B) to have been committed on the last of those days.

;

• (c) omit subsection (6).

• (6) In section 31 (offences aggravated by terrorist connection: Scotland)—

• (a) in subsection (1), for the words from “specified” to “considered)” substitute “ within subsection (4A) or (4B) ”;

• (b) after subsection (4) insert—

(4A) An offence is within this subsection if it— (a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and (c) is not specified in Schedule 1A. (4B) An offence is within this subsection if it— (a) was committed— (i) on or after the relevant date, but (ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and (b) is specified in Schedule 2. (4C) The relevant date for the purposes of subsection (4B)(a)(i) is— (a) 18 June 2009 (being the date on which this section came into force), in relation to any offence that is not mentioned in paragraph (b); (b) 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which amended Schedule 2, came into force) in relation to any of the following offences under the law of Scotland— (i) assault by explosive device; (ii) assault to severe injury; (iii) assault and poisoning; (iv) poisoning. (4D) 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 subsections (4A) to (4C) to have been committed on the last of those days.

;

• (c) omit subsection (5).

• (7) After Schedule 1 insert, as Schedule 1A, the Schedule set out in Part 2 of Schedule 1 to this Act.

Meaning of “serious terrorism offence”: England and Wales

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In the Sentencing Code—

• (a) in section 306 (extended sentences: meaning of “specified offence” etc), in subsection (2), after the definition of “serious harm” insert—

“serious terrorism offence” means an offence that— (a) is specified in Part 1 of Schedule 17A, or (b) is specified in Part 2 of that Schedule and has been determined to have a terrorist connection under section 69;

;

• (b) after Schedule 17 insert, as Schedule 17A, the Schedule set out in Schedule 2 to this Act.

Offences relevant for provisions of this Act relating to Northern Ireland

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• (1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.

• (2) In Article 12 (interpretation of Chapter 3 of Part 2 (dangerous offenders and other terrorist offenders))—

• (a) in paragraph (3), before the definition of “life sentence” insert—

“determination of terrorist connection”, in relation to an offence, means a determination by the court that the offence has a terrorist connection under section 30 of the Counter-Terrorism Act 2008;

;

• (b) after paragraph (5) insert—

(6) Schedule 2A specifies certain terrorism offences, and other offences which may be determined to have a terrorist connection, for the purposes of various provisions of this Chapter and Chapter 4, and makes related provision. (7) In this Chapter “serious terrorism offence” means— (a) an offence within Part 2 of Schedule 2A (terrorism offences punishable with life imprisonment); or (b) an offence within Part 3 of that Schedule (offences with possible terrorist connection punishable with life imprisonment) in respect of which a determination of terrorist connection is made.

• (3) After Schedule 2 insert, as Schedule 2A, the Schedule set out in Schedule 3 to this Act.

Serious terrorism sentences

Serious terrorism sentence for adults aged under 21: England and Wales

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After section 268 of the Sentencing Code insert—

(268A) A serious terrorism sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 268C), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence. (268B) (1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where— (a) the offence was committed on or after the day on which section 4 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) the offender was aged 18 or over when the offence was committed, (c) the offender is aged under 21 when convicted of the offence, (d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences (see section 308), (e) the court does not impose a sentence of custody for life, and (f) the risk of multiple deaths condition is met. (2) The court must impose a serious terrorism sentence of detention in a young offender institution under section 268A unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) The risk of multiple deaths condition is that the court is of the opinion that— (a) either— (i) the 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 an 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. (4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred. (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. (6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d). (268C) (1) This section applies where the court dealing with an offender is required by section 268B to impose a serious terrorism sentence of detention in a young offender institution under section 268A. (2) The appropriate custodial term is— (a) 14 years, or (b) if longer, the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence (or an extended sentence or a sentence under section 265). (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences. This is subject to subsection (4). (4) The extension period must— (a) be at least 7 years, and (b) not exceed 25 years.

Serious terrorism sentence for adults aged 21 or over: England and Wales

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After section 282 of the Sentencing Code insert—

(282A) A serious terrorism sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 282C), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence. (282B) (1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where— (a) the offence was committed on or after the day on which section 5 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) the offender was aged 18 or over when the offence was committed, (c) the offender is aged 21 or over when convicted of the offence, (d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences (see section 308), (e) the court does not impose a sentence of imprisonment for life, and (f) the risk of multiple deaths condition is met. (2) The court must impose a serious terrorism sentence of imprisonment under section 282A unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) The risk of multiple deaths condition is that the court is of the opinion that— (a) either— (i) the 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 an 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. (4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred. (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. (6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d). (282C) (1) This section applies where the court dealing with an offender is required by section 282B to impose a serious terrorism sentence of imprisonment under section 282A. (2) The appropriate custodial term is— (a) 14 years, or (b) if longer, the term of imprisonment that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence of imprisonment (or an extended sentence or a sentence under section 278). (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences. This is subject to subsection (4). (4) The extension period must— (a) be at least 7 years, and (b) not exceed 25 years.

Serious terrorism sentence: Scotland

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• (1) After section 205 of the Criminal Procedure (Scotland) Act 1995 insert—

(205ZA) (1) This section applies where— (a) a person is convicted on indictment of a serious terrorism offence, (b) the offence was committed on or after the day on which section 6 of the Counter-Terrorism and Sentencing Act 2021 comes into force, (c) the offender was aged 18 or over when the offence was committed, (d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other terrorism offences to which section 210A applies, (e) the court does not impose a sentence of imprisonment for life or a sentence of detention for life in a young offenders institution, (f) the court does not make an order for lifelong restriction, and (g) the risk of multiple deaths condition is met. (2) Where the offender is 21 years of age or over, the court must impose a serious terrorism sentence of imprisonment unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) The risk of multiple deaths condition is that the court is of the opinion that— (a) either— (i) the 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 an 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. (4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred. (5) A serious terrorism sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of— (a) the appropriate custodial term, and (b) a further period (“the extension period”) for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. (6) Where the offender is under 21 years of age, the court must impose a serious terrorism sentence of detention unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (7) A serious terrorism sentence of detention is a sentence of detention in a young offenders institution the term of which is equal to the aggregate of— (a) the appropriate custodial term, and (b) a further period (“the extension period”) for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. (8) The appropriate custodial term is— (a) 14 years, or (b) if longer, the term of imprisonment or, as the case may be, detention that would be imposed in respect of the offence if the court did not impose a serious terrorism sentence of imprisonment or, as the case may be, a serious terrorism sentence of detention (or a sentence under section 205ZC or an extended sentence under section 210A). (9) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other terrorism offences to which section 210A applies (but subject to subsection (10)). (10) The extension period must— (a) be at least 7 years, and (b) not exceed 25 years. (11) Before forming an opinion for the purposes of subsection (1)(d), the court must— (a) consider a report by a relevant officer of a local authority about the offender and the offender's circumstances, and (b) if the court thinks it necessary, hear that officer. (12) In this section— - “local authority” and “relevant officer” have the meanings given by section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993; - “serious terrorism offence” means an offence that— 1. is specified in Part 1 of Schedule 5ZA, or 2. is specified in Part 2 of that Schedule and has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.

• (2) After Schedule 5 to that Act insert, as Schedule 5ZA, the Schedule set out in Schedule 4 to this Act.

Serious terrorism sentence: Northern Ireland

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In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), after Article 13 insert—