Counter-Terrorism and Sentencing Act 2021

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures)—

• (a) in the heading before paragraph 1, omit “Overnight”, and

• (b) in paragraph 1(2)(c) and (8)(a), omit “overnight”.

TPIMs: polygraph measure

38

• (1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures), after paragraph 10 insert—

(10ZA) (1) The Secretary of State may impose a requirement for the individual— (a) to participate in polygraph sessions conducted with a view to— (i) monitoring the individual's compliance with other specified measures; (ii) assessing whether any variation of the specified measures is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity, (b) to participate in those polygraph sessions at such times as may be specified in instructions given by the Secretary of State, and (c) while participating in a polygraph session, to comply with instructions given to the individual by the polygraph operator. (2) The Secretary of State may by regulations made by statutory instrument make provision relating to the conduct of polygraph sessions, which may include in particular— (a) provision requiring polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the regulations; (b) provision about the keeping of records of polygraph sessions; (c) provision about the preparation of reports on the results of polygraph sessions. (3) The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State. (4) The following may not be used in evidence against the individual in any proceedings for an offence— (a) any statement made by the individual while participating in a polygraph session; (b) any physiological reaction of the individual while being questioned in the course of a polygraph examination. (5) Regulations under sub-paragraph (2) may make— (a) different provision for different purposes or different areas; (b) incidental, supplemental, consequential, saving or transitional provision. (6) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this paragraph— - “polygraph examination” means a procedure in which— 1. the polygraph operator questions the individual, 2. the questions and the individual's answers are recorded, and 3. physiological reactions of the individual while being questioned are measured and recorded; - “polygraph operator” means the person conducting a polygraph session; - “polygraph session” means a session during which the polygraph operator— 1. conducts one or more polygraph examinations of the individual, and 2. interviews the individual in preparation for, or otherwise in connection with, any such examination.

• (2) In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (c) insert—

(ca) a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);

.

TPIMs: drug testing measure

39

• (1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures), after paragraph 10ZA (inserted by section 38) insert—

(10ZB) (1) The Secretary of State may impose a requirement for the individual— (a) to— (i) attend such a testing place, at such times, and (ii) provide an authorised person at the testing place with such a permitted sample, as the Secretary of State may by notice require for the purpose of ascertaining whether the individual has any specified Class A drug or specified Class B drug in their body, and (b) to comply with any directions given by an authorised person in relation to the provision of the permitted sample. (2) In this paragraph— - “authorised person” means— 1. a constable, or 2. a person prescribed, or of a description prescribed, by regulations made by the Secretary of State; - “permitted sample” means— 1. a sample of hair other than pubic hair; 2. a sample taken from a nail or from under a nail; 3. a sample of urine; 4. saliva; 5. a swab taken from any part of a person's body except a person's genitals (including pubic hair) or a person's body orifice other than the mouth; 6. a skin impression; - “specified Class A drug” and “specified Class B drug” have the same meanings as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act); - “testing place” means— 1. a police station, or 2. a place prescribed, or of a description prescribed, by regulations made by the Secretary of State. (3) Regulations under sub-paragraph (2) are to be made by statutory instrument. (4) Regulations under sub-paragraph (2) may make— (a) different provision for different purposes or different areas; (b) incidental, supplemental, consequential, saving or transitional provision. (5) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (ca) (inserted by section 38) insert—

(cb) a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);

.

TPIMs: provision of information

40

• (1) Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures) is amended as follows.

• (2) In paragraph 7 (electronic communication device measure)—

• (a) in sub-paragraph (4), at the end insert—

(f) the disclosure to the Secretary of State of such details as may be specified of any electronic communication device possessed or used by the individual or any other person in the individual's residence.

;

• (b) in sub-paragraph (6)(c) and (d), after “designed or adapted” insert “ , or capable of being adapted, ”.

• (3) After paragraph 12 insert—

(12A) (1) The Secretary of State may impose a requirement for the individual to disclose to the Secretary of State— (a) the address of the individual's residence; (b) if the individual resides at multiple occupancy premises, such details as may be specified concerning where, in the premises, the individual's residence is located; (c) such details as may be specified in relation to any change (or anticipated change) in the matters referred to in paragraphs (a) and (b). (2) The Secretary of State may impose a requirement for the individual to comply with any other specified conditions in connection with the disclosure of information within sub-paragraph (1). (3) “Multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside.

TPIMs: annual review

41

• (1) In section 20 of the Terrorism Prevention and Investigation Measures Act 2011 (reviews of the operation of that Act)—

• (a) after subsection (1) insert—

(1A) The independent reviewer must carry out a review under this section in respect of each calendar year starting with 2022 and ending with 2026. Each review must be completed as soon as reasonably practicable after the year to which it relates.

;

• (b) in subsection (2), after “calendar year” insert “ after 2026 ”;

• (c) in subsection (4), for “subsection (2)” substitute “ this section ”;

• (d) after subsection (6) insert—

(7) Subsection (1A) does not require a review to be carried out in respect of any calendar year during the whole of which the Secretary of State's TPIM powers (within the meaning given by section 21(8)) do not exist because of their expiry or repeal under section 21.

• (2) Subsection (1) does not affect any duty to carry out a review further to a notification given under section 20(2) of the Terrorism Prevention and Investigation Measures Act 2011 before the coming into force of this section.

Notification requirements under Part 4 of the Counter-Terrorism Act 2008

Additional offences attracting notification requirements

42

In section 41(1) of the Counter-Terrorism Act 2008 (terrorism offences that attract notification requirements under Part 4 of that Act), after paragraph (e) insert—

(f) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notice imposing terrorism prevention and investigation measures) dealt with on or after the day on which section 42 of the Counter-Terrorism and Sentencing Act 2021 comes into force; (g) an offence under section 10(1) or (3) of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or related obligation) dealt with on or after that day.

Serious crime prevention orders

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

43

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 in terrorism-related cases.

Serious crime prevention orders: review of operation of police powers

44

• (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) publish 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 43 comes into force.

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

“Prevent” strategy

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

45

• (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 “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.

PART 4 — General

Consequential and related amendments

46

Schedule 13 contains consequential and other related amendments.

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

47

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.

Power to make further consequential provision

48

• (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) to 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) Regulations 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) Any 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—an Act of Parliament;an Act of the Scottish Parliament;an Act or Measure of Senedd Cymru;Northern Ireland legislation;

• “subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978;an instrument made under an Act of the Scottish Parliament;an instrument made under an Act or Measure of Senedd Cymru;an instrument made under Northern Ireland legislation.

• (7) In the Criminal Justice and Court Services Act 2000—

• (a) in section 77 (supplementary and consequential provision), at the end insert—

(3) The provision which may be made under subsection (1) in relation to section 61 of this Act (abolition of sentence of detention in young offender institution etc) also includes provision amending or repealing— (a) any provision of the Counter-Terrorism and Sentencing Act 2021, (b) any provision of an enactment that was inserted or amended by, or by regulations made under, the Counter-Terrorism and Sentencing Act 2021.

;

• (b) in section 78(2) (meaning of “enactment”), after “in this Part” insert “ other than section 77(3) ”.

Extent

49

• (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) Subject 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 45(2) extends to England and Wales and Scotland.

• (5) Nothing in subsections (1) to (4) limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.

• (6) Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the armed forces provisions as those subsections apply to the provisions of that Act.

• (7) The following are “armed forces provisions”—

• (a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;

• (b) an amendment, modification or repeal made by or under this Act of—

• (i) a provision of or made under the Armed Forces Act 2006,

• (ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or

• (iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.

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

• (9) 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.

Commencement

50

• (1) The 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), except as mentioned in subsection (3)(f);

• (c) section 22;

• (d) section 23 (and Schedule 7);

• (e) section 24;

• (f) section 30;

• (g) section 45;

• (h) sections 47 to 49, this section and section 51;

• (i) the following provisions in Schedule 13 (and section 46 to the extent that it relates to those provisions)—

• (i) Part 3 of that Schedule, except as mentioned in subsection (3)(i);

• (ii) Part 4 of that Schedule;

• (iii) paragraph 44;

• (iv) paragraph 45 other than sub-paragraph (4);

• (v) paragraphs 47 to 51;

• (vi) paragraph 52 other than sub-paragraph (7)(a);

• (vii) paragraph 53 other than sub-paragraph (4);

• (viii) paragraphs 54 to 60;

• (ix) Parts 9 and 10 of that Schedule.

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

• (a) section 1 (and Schedule 1), except as mentioned in subsection (3)(a);

• (b) section 2 (and Schedule 2);

• (c) sections 4 and 5;

• (d) section 6 (and Schedule 4);

• (e) sections 7 to 10;

• (f) section 11, except as mentioned in subsection (3)(b);

• (g) sections 12 to 14;

• (h) section 15, except as mentioned in subsection (3)(c);

• (i) section 16, except as mentioned in subsection (3)(d);

• (j) sections 17 and 18, except as mentioned in subsection (3)(e);

• (k) section 19 (and Schedule 5);

• (l) section 20;

• (m) section 26;

• (n) section 27 (and Schedule 9);

• (o) section 28 (and Schedule 10);

• (p) section 29;

• (q) sections 31 and 32;

• (r) section 33 (and Schedule 11);

• (s) sections 34 to 42;

• (t) section 43 (and Schedule 12);

• (u) section 44;

• (v) the following provisions in Schedule 13 (and section 46 to the extent that it relates to those provisions)—

• (i) Part 1 of that Schedule, except as mentioned in subsection (3)(h);

• (ii) Part 2 of that Schedule;

• (iii) paragraphs 45(4), 46, 52(7)(a) and 53(4);

• (iv) Part 8 of that Schedule.

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

• (a) section 1 (and Schedule 1), as they have effect for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006;

• (b) section 11, as it has effect for the purposes of section 323 of the Sentencing Code as applied by section 261A of the Armed Forces Act 2006;

• (c) section 15, as it has effect for the purposes of Schedule 18 to the Sentencing Code as applied by sections 219A and 221A of the Armed Forces Act 2006;

• (d) section 16, as it has effect for the purposes of section 256 of the Sentencing Code as applied by section 221A of the Armed Forces Act 2006;

• (e) sections 17 and 18, as they have effect for the purposes of sections 268 and 281 of the Sentencing Code as applied by section 219A of the Armed Forces Act 2006;

• (f) section 21 (and Schedule 6), as they have effect for the purposes of Schedule 13 to the Sentencing Code as applied by section 224A of the Armed Forces Act 2006;

• (g) section 25 (and Schedule 8);

• (h) paragraph 6(3)(a) and (4) of Schedule 13 as they have effect for the purposes mentioned in paragraph (a) above (and section 46 to the extent that it relates to those provisions for those purposes);

• (i) Part 3 of Schedule 13 as it has effect for the purposes mentioned in paragraph (f) above (and section 46 to the extent that it relates to that Part for those purposes);

• (j) Part 5 of Schedule 13 (and section 46 to the extent that it relates to that Part).

• (4) Different 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.

Short title

51

This Act may be cited as the Counter-Terrorism and Sentencing Act 2021.

SCHEDULE 1

PART 1 — England and Wales; service offences

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

PART 2 — Scotland and Northern Ireland

This is the Schedule to be inserted as Schedule 1A to the Counter-Terrorism Act 2008—

SCHEDULE 2

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

SCHEDULE 3

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))—

SCHEDULE 4

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

SCHEDULE 5

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

SCHEDULE 6

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

SCHEDULE 7

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

SCHEDULE 8

PART 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) (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 paragraph 2 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 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) the 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) 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. (3) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any deaths actually occurred. (4) Where the offender is aged 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 institution 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) section 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) section 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 aged 21 or over when convicted of the serious terrorism 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 by 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) after “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 must 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 and 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 that 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

In 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 of 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 80% of the term which would otherwise be required.

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

4

In section 261A (life sentences: further provision), in subsection (3)—

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

• (b) at the end insert—

(b) subsection (4) 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) subsection (6)(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 substituted— (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) The 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.

PART 2 — Offences attracting special custodial sentence

6

In section 224A of the Armed Forces Act 2006 (special custodial sentence for offenders of particular concern)—

• (a) in subsection (1)—

• (i) in 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 corresponding 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) 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 Sentencing Code (as applied 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

The Armed Forces Act 2006 is amended as follows.

8

• (1) Section 224A (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) in 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) the offence— (i) was committed before the day on which paragraph 8 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 came into force, or (ii) is an offence under section 42 as respects which the corresponding 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) (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 2021 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 Schedule 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 Sentencing 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 of 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 would 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 in 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.

SCHEDULE 9

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

SCHEDULE 10

This is the Schedule to be substituted for Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993—

SCHEDULE 11

1

The Schedule to the Repatriation of Prisoners Act 1984 is amended as follows.

2

In paragraph 2 (application of early release provisions), as it applies in relation to prisoners repatriated to England and Wales, after sub-paragraph (3A) insert—

(3B) If sub-paragraph (3D) or (3E) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies to the prisoner as if that offence was within section 247A(2) of that Act (terrorist offences carrying restricted eligibility for release on licence). (3C) If sub-paragraph (3D) or (3E) applies by virtue of any offence, section 28 of the Offender Management Act 2007 applies to the prisoner as if that offence was within subsection (4A) of that section (terrorist offences in relation to which polygraph conditions can be included in release licence). (3D) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 1 or 2 of Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences carrying restricted eligibility for release on licence). (3E) This sub-paragraph applies if the warrant specifies that— (a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of England and Wales (“the corresponding offence”), (b) section 69 of the Sentencing Code or (as the case may be) section 30 of the Counter-Terrorism Act 2008 would have applied to the corresponding offence if— (i) it had been committed at the same time as the overseas offence, and (ii) the prisoner had been convicted of and sentenced for it in England and Wales at the same time respectively as the conviction and sentencing for the overseas offence, and (c) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in England and Wales for the corresponding offence, have justified a determination under that section that the corresponding offence had a terrorist connection. (3F) The Secretary of State may amend a warrant (whether issued before or after sub-paragraph (3B) or (3C) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3D) or (3E).

3

• (1) Paragraph 2 (application of early release provisions), as it applies in relation to certain prisoners repatriated to Scotland on or after 27 June 2003 in accordance with section 33(2) of the Criminal Justice (Scotland) Act 2003 (asp 7), is amended as follows.

• (2) In sub-paragraph (1), after “(3),” insert “ 1AB(3), ”.

• (3) In sub-paragraph (2), in the words before paragraph (a), after “licence)” insert “ , or of section 1AB(3) of that Act in the case of a long-term prisoner to whom that section applies ”.

• (4) After sub-paragraph (3) insert—

(3A) If sub-paragraph (3B) or (3C) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if that offence was within section 1AB(2) of that Act (terrorist offences carrying restricted eligibility for release on licence). (3B) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 1 or 2 of Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (terrorism offences carrying restricted eligibility for release on licence). (3C) This sub-paragraph applies if the warrant specifies that— (a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”), (b) section 31 of the Counter-Terrorism Act 2008 (sentences for offences aggravated by terrorist connection) would have been capable of applying in relation to the corresponding offence if— (i) it had been committed at the same time as the overseas offence, and (ii) the prisoner had been convicted of and sentenced for it in Scotland at the same time respectively as the conviction and sentencing for the overseas offence, and (c) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified its being found proved for the purposes of that section that the corresponding offence was aggravated by reason of having a terrorist connection. (3D) The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3A) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3B) or (3C).

4

• (1) Paragraph 2 (application of early release provisions), as it applies in relation to prisoners repatriated to Scotland other than as mentioned in paragraph 3(1), is amended as follows.

• (2) In sub-paragraph (1A)(b), after “(3),” insert “ 1AB(3), ”.

• (3) After sub-paragraph (2) insert—

(3) If sub-paragraph (4) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if that offence was within section 1AB(2) of that Act (terrorist offences carrying restricted eligibility for release on licence). (4) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 1 or 2 of Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (terrorism offences carrying restricted eligibility for release on licence). (5) The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4).

5

In paragraph 2A (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4) insert—

(4A) If sub-paragraph (4B) or (4C) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if that offence was within Article 20A(2) (terrorist offences carrying restricted eligibility for release on licence). (4B) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in Part 2, 4, 5 or 7 of Schedule 2A to the Criminal Justice (Northern Ireland) Order 2008 (terrorism offences carrying restricted eligibility for release on licence). (4C) This sub-paragraph applies if the warrant specifies that— (a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”), (b) section 30 of the Counter-Terrorism Act 2008 would have applied to the corresponding offence if— (i) it had been committed at the same time as the overseas offence, and (ii) the prisoner had been convicted of and sentenced for it in Northern Ireland at the same time respectively as the conviction and sentencing for the overseas offence, and (c) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the corresponding offence had a terrorist connection. (4D) The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4A) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4B) or (4C).

SCHEDULE 12

1

The Serious Crime Act 2007 is amended as follows.

2

• (1) Section 8 (authorities that can apply for a serious crime prevention order) is amended as follows.

• (2) The existing text becomes subsection (1).

• (3) In that subsection (1)—

• (a) in paragraph (a)—

• (i) omit the “or” before sub-paragraph (iii);

• (ii) at the end of that sub-paragraph insert

or (iv) subject to subsection (2), a chief officer of police;

;

• (b) in paragraph (aa), for “, the Lord Advocate” substitute

— (i) the Lord Advocate; or (ii) subject to subsection (2), the chief officer of police;

;

• (c) in paragraph (b), for “, the Director of Public Prosecutions for Northern Ireland” substitute

— (i) the Director of Public Prosecutions for Northern Ireland; or (ii) subject to subsection (2), the chief officer of police.

• (4) After subsection (1) insert—

(2) A chief officer of police may make an application for a serious crime prevention order only if— (a) it is an application for an order under section 1 that is terrorism-related (see section 8A); (b) the chief officer has consulted— (i) the Director of Public Prosecutions, in the case of an order in England and Wales; (ii) the Lord Advocate, in the case of an order in Scotland; or (iii) the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and (c) in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff). (3) In this section “chief officer of police”— (a) in relation to England and Wales, means the chief officer of police of a police force in England and Wales; (b) in relation to Scotland, means the chief constable of the Police Service of Scotland; (c) in relation to Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland.

3

After section 8 insert—

(8A) (1) For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3). (2) The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime. (3) A trigger offence is within this subsection if— (a) it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1; (b) it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1; (c) if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or (d) in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence— (i) is, or takes place in the course of, an act of terrorism; or (ii) is committed for the purposes of terrorism. (4) Subsection (5) applies where— (a) the court is considering whether a trigger offence is within subsection (3)(d); (b) the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and (c) at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection. (5) The court— (a) must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and (b) must not otherwise decide that the trigger offence is within subsection (3)(d). (6) For the purposes of this section, an offence was determined to have a terrorist connection if — (a) it was determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or (ii) section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or (b) it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland); (and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly). (7) In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

4

• (1) Section 10(4) (definition of “relevant applicant authority”) is amended as follows.

• (2) In paragraph (a)—

• (a) omit the “and” before sub-paragraph (iii);

• (b) at the end of that sub-paragraph insert—

(iv) where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;

.

• (3) In paragraph (aa), for “, the Lord Advocate” substitute

— (i) where the order was applied for by the Lord Advocate, the Lord Advocate; (ii) where the order was applied for by the chief constable of the Police Service of Scotland, the chief constable;

.

• (4) In paragraph (b), for “, the Director of Public Prosecutions for Northern Ireland” substitute

— (i) where the order was applied for by the Director of Public Prosecutions for Northern Ireland, the Director; (ii) where the order was applied for by the Chief Constable of the Police Service of Northern Ireland, the Chief Constable.

5

• (1) Section 17 (variation of orders) is amended as follows.

• (2) In subsection (3)(a), after “authority” insert “ (but see subsection (7A)) ”.

• (3) After subsection (7) insert—

(7A) Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff).

6

• (1) Section 18 (discharge of orders) is amended as follows.

• (2) In subsection (2)(a), after “authority” insert “ (but see subsection (7)) ”.

• (3) At the end insert—

(7) Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the discharge of the order may only be made under this section to the Court of Session (and not to the sheriff).

7

• (1) Section 27 (powers to wind up companies etc: England and Wales) is amended as follows.

• (2) After subsection (1) insert—

(1A) The chief officer of police of a police force in England and Wales may present a petition to the court for the winding up of a company, partnership or relevant body if— (a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a police-initiated serious crime prevention order; and (b) the chief officer of police concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.

• (3) In subsection (3), for “or the Director of the Serious Fraud Office” substitute “ , the Director of the Serious Fraud Office or the chief officer of police of a police force in England and Wales ”.

• (4) In subsection (12), after the definition of “partnership” (but before the final “and”) insert—

“police-initiated serious crime prevention order” means a serious crime prevention order that was made on the application of the chief officer of police of a police force in England and Wales;

.

8

• (1) Section 27A (powers to wind up companies etc: Scotland) is amended as follows.

• (2) After subsection (1) insert—

(1A) The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if— (a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and (b) the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.

• (3) In subsection (3), at the end insert “ or the chief constable of the Police Service of Scotland ”.

9

• (1) Section 28 (powers to wind up companies etc: Northern Ireland) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Chief Constable of the Police Service of Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if— (a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the Chief Constable; and (b) the Chief Constable considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.

• (3) In subsection (3), at the end insert “ or the Chief Constable of the Police Service of Northern Ireland ”.

10

In section 43 (index of defined expressions for Part 1), at the appropriate place insert—

“terrorism-related”	section 8A

.

11

• (1) Schedule 2 (functions of applicant authorities under Part 1) is amended as follows.

• (2) After paragraph 15 insert—

(15A) The functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are— (a) to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related or for their variation or discharge; (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (whether proceedings on appeal, by virtue of section 27 or otherwise); (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (15B) (1) A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent. (15C) The functions of the chief constable of the Police Service of Scotland are— (a) to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, or for their variation or discharge; (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Scotland that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise); (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (15D) (1) The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent.

• (3) After paragraph 20 insert—

(20A) The functions of the Chief Constable of the Police Service of Northern Ireland are— (a) to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related or for their variation or discharge; (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise); (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). (20B) (1) The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent.

SCHEDULE 13

PART 1 — Offences aggravated by terrorist connection

Terrorism Act 2000 (c. 11)

1

• (1) The Terrorism Act 2000 is amended as follows.

• (2) In section 23A(4) (application of forfeiture provisions to offences with terrorist connection)—

• (a) in the words before paragraph (a), omit the words from “specified” to “considered)”;

• (b) in paragraph (a), for “that Act” substitute “ the Counter-Terrorism Act 2008. ”

• (3) In Schedule 4 (forfeiture orders)—

• (a) in paragraph 1, in the definition of “relevant offence”, in paragraph (c), for the words from “specified” to the end substitute “ within section 69(4) or (5) of the Sentencing Code (offences where terrorist connection to be treated as aggravating factor) ”;

• (b) in paragraph 15, in the definition of “relevant offence”, in paragraph (c), for the words from “specified” to the end substitute “ within section 31(4A) or (4B) of the Counter-Terrorism Act 2008 (offences where terrorist connection to be treated as aggravating factor) ”.

Counter-Terrorism Act 2008 (c. 28)

2

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

• (2) Omit section 33 (power to amend Schedule 2).

• (3) In section 42 (application of notification provisions to offences with terrorist connection), omit subsection (4).

• (4) In Schedule 2 (offences aggravated by terrorist connection)—

• (a) in the heading, after “Offences” insert “ committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 ”;

• (b) in the entry relating to the Nuclear Material (Offences) Act 1983, in paragraph (c), omit “, so far as relating to an offence specified in this Schedule”.

Counter-Terrorism and Security Act 2015 (c. 6)

3

In section 44(2)(e) of the Counter-Terrorism and Security Act 2015 (provisions subject to review by the independent reviewer of terrorism legislation), for “Schedule 1” substitute “ Schedules A1 and 1 ”.

Space Industry Act 2018 (c. 5)

4

Paragraph 29 of Schedule 12 to the Space Industry Act 2018 (addition of offences to Schedule 2 to the Counter-Terrorism Act 2008) is repealed to the extent that it is not yet in force when section 1 of this Act comes into force.

Counter-Terrorism and Border Security Act 2019 (c. 3)

5

In section 25(2) of the Counter-Terrorism and Border Security Act 2019 (transitional provision about amendments to do with offences aggravated by terrorist connection), omit “or 8”.

Sentencing Act 2020 (c. 17)

6

• (1) The Sentencing Act 2020 is amended as follows.

• (2) In the table in section 160(2) (list of forfeiture powers), in the entry for section 23A of the Terrorism Act 2000, in the second column, omit “specified in Schedule 1 to this Act”.

• (3) In Schedule 1 (offences aggravated by terrorist connection)—

• (a) in the heading, after “Offences” insert “ committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 ”;

• (b) in paragraph 9(c), omit “, so far as relating to an offence specified in this Schedule”.

• (4) In Schedule 22, paragraph 4 (prospective addition of offences to Schedule 1 to the Code), and the heading above it, are repealed to the extent that paragraph 4 is not yet in force when section 1 of this Act comes into force.

• (5) In Schedule 23, omit Part 1 (power to amend Schedule 1).

PART 2 — Serious terrorism sentence: England and Wales

Criminal Justice Act 1982 (c. 48)

7

In section 32 of the Criminal Justice Act 1982 (early release of prisoners to make the best use of the places available for detention, subject to certain exceptions)—

• (a) in subsection (1)(a), after “protection” insert “ , a serious terrorism sentence ”;

• (b) in subsection (1A), after paragraph (c) insert—

(ca) references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;

.

Mental Health Act 1983 (c. 20)

8

In section 37 of the Mental Health Act 1983 (power of courts to order hospital admission etc)—

• (a) in subsection (1A), for “273, 274” substitute “ 268A, 273, 274, 282A ”;

• (b) in subsection (1B), after paragraph (a) insert—

(aa) a sentence falls to be imposed under section 268A or 282A of that Code if it is required by section 268B(2) or 282B(2) of that Code and the court is not of the opinion there mentioned;

.

Criminal Justice Act 2003 (c. 44)

9

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In section 237 (meaning of “fixed-term prisoner”)—

• (a) in subsection (1)(b), for “266, 278 or 279” substitute “ 266 or 268A ”;

• (b) in subsection (3), for “or 266” substitute “ , 266 or 268A ”.

• (3) In section 240ZA (time remanded in custody to count as time served), in subsection (11), for “or 266” substitute “ , 266 or 268A ”.

• (4) In section 247A (restricted eligibility for early release for terrorist prisoners)—

• (a) in subsection (6), for “278 or 279” substitute “ 268A, 278, 279 or 282A ”;

• (b) in subsection (8), in the definition of “the appropriate custodial term”, for “278 or 279” substitute “ 268A, 278, 279 or 282A ”.

• (5) In section 250 (licence conditions), in subsection (4)—

• (a) for “or 279” substitute “ , 279 or 282A ”;

• (b) for “or 266” substitute “ , 266 or 268A ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 255C (extended sentence prisoners and those not suitable for automatic release)—

• (a) for the heading, substitute “ Prisoners not suitable for automatic release ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 258 (early release for fine defaulters etc), in subsection (3A), for “or 266” substitute “ , 266 or 268A ”.

• (9) In section 263 (concurrent terms) in subsection (4), for “or 266” substitute “ , 266 or 268A ”.

• (10) In section 264(7) (application of provisions about consecutive sentences of imprisonment to sentences of detention), for “or 266” substitute “ , 266 or 268A ”.

Offender Management Act 2007 (c. 21)

10

In section 28(3) of the Offender Management Act 2007 (custodial sentences where polygraph condition may be imposed on release on licence), in paragraph (a), after “279” insert “ or 282A ”.

Sentencing Act 2020 (c. 17)

11

• (1) The Sentencing Act 2020 is amended as follows.

• (2) In section 15 (committal for sentence of dangerous adult offenders)—

• (a) after subsection (1) insert—

(1A) This section also applies where— (a) on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and (b) the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.

;

• (b) in subsection (6), for “a specified offence” substitute “ an offence ”.

• (3) In section 59(2) (provisions to which duty to follow sentencing guidelines is subject), after paragraph (g) insert—

(ga) sections 268B and 282B (requirement to impose serious terrorism sentence);

.

• (4) In section 61 (sentencing guidelines: extended sentences and life sentences)—

• (a) in the heading, after “extended sentences” insert “ , serious terrorism sentences ”;

• (b) after subsection (2) insert—

(2A) Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence. (2B) In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.

• (5) In section 120(2)(a) (exceptions to the general power to fine offender convicted on indictment), after sub-paragraph (ii) (but before the final “or”) insert—

(iia) paragraph (ba) (serious terrorism sentences),

.

• (6) In section 166(5) (periods of extension of driving disqualification order where custodial sentence imposed)—

• (a) after entry 4 in the table insert—

4A	a serious terrorism sentence of detention in a young offender institution	the term imposed pursuant to section 268C(2) (the appropriate custodial term)

;

• (b) after entry 6 in the table insert—

6A	a serious terrorism sentence of imprisonment	the term imposed pursuant to section 282C(2) (the appropriate custodial term)

.

• (7) In section 221 (overview of Part 10)—

• (a) in subsection (3)(a)—

• (i) omit the “and” at the end of sub-paragraph (ii);

• (ii) at the end of sub-paragraph (iii) insert

and (iv) serious terrorism sentences,

;

• (b) in subsection (4), after paragraph (c) (but before the final “and”) insert—

(ca) serious terrorism sentences,

.

• (8) In section 231 (length of discretionary custodial sentences: general)—

• (a) in the italic heading before subsection (3), for “mandatory sentences and extended sentences” substitute “ certain sentences ”;

• (b) after subsection (6) insert—

(6A) Subsection (2) does not apply where the custodial sentence is a serious terrorism sentence, except as provided in sections 268C(2)(b) and 282C(2)(b) (determination of appropriate custodial period where longer than the 14-year minimum).

• (9) In section 262(3) (circumstances in which detention in young offender institution required), after “mentioned in” insert

— (a) section 399(ba) (serious terrorism sentences); (b)

.

• (10) In section 263 (term of detention in a young offender institution), in subsection (4), at the end insert—

(c) section 268B (serious terrorism sentence).

• (11) In section 265(1) (circumstances in which special custodial sentence for certain young adult offenders of particular concern is required), in paragraph (c)—

• (a) in the words before sub-paragraph (i), for “either” substitute “ any ”;

• (b) after sub-paragraph (i) (but before the final “or”) insert—

(ia) a serious terrorism sentence under section 268A,

.

• (12) In section 267(1) (availability of extended sentence of detention), after paragraph (d) (but before the final “and”) insert—

(da) the court is not required by section 268B to impose a serious terrorism sentence for the offence or for an offence associated with it,

.

• (13) In section 278 (special custodial sentence for offenders of particular concern), in subsection (1)(c)—

• (a) in the words before sub-paragraph (i), for “either” substitute “ any ”;

• (b) after sub-paragraph (i) (but before the final “or”) insert—

(ia) a serious terrorism sentence under section 282A,

.

• (14) In section 280(1) (availability of extended sentence of imprisonment), after paragraph (d) (but before the final “and”) insert—

(da) the court is not required by section 282B to impose a serious terrorism sentence for the offence or for an offence associated with it,

.

• (15) In section 308 (assessment of dangerous), in subsection (1), after paragraph (a) insert—

(aa) section 268B or 282B (serious terrorism sentence);

.

• (16) In section 329 (conversion of sentence of detention to sentence of imprisonment)—

• (a) in subsection (3) (as amended by Part 4 of this Schedule), for “(5)” substitute “ (5A) ”;

• (b) after subsection (5) insert—

(5A) If the relevant custodial sentence is a serious terrorism sentence of detention in a young offender institution, the offender is to be treated as if sentenced to a serious terrorism sentence of imprisonment under section 282A.

;

• (c) in subsection (7), after paragraph (e) insert—

(ea) a serious terrorism sentence of detention in a young offender institution (see section 268A);

.

• (17) In section 397(1) (interpretation), after the definition of “sentencing guidelines” insert—

“serious terrorism sentence” means a sentence under— (a) section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), or (b) section 282A (serious terrorism sentence of imprisonment);

.

• (18) In section 399 (mandatory sentences), after paragraph (b) (but before the final “or”) insert—

(ba) the court is obliged by section 268B or 282B to impose a serious terrorism sentence,

.

• (19) In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution)—

• (a) in paragraph (a), for “38” substitute “ 38B ”;

• (b) in paragraph (d), for “268” substitute “ 268C ”;

• (c) in paragraph (f), after “paragraphs” insert “ 68A, ”.

• (20) In Schedule 22 (amendments of the Sentencing Code, including in relation to the prospective abolition of sentences of detention in a young offender institution)—

• (a) for paragraph 36 substitute—

(36) In section 15 (committal for sentence of dangerous adult offenders)— (a) in subsection (1)(b), omit— (i) “of detention in a young offender institution or”; (ii) “266 or”; (b) in subsection (1A), omit “268A or”.

;

• (b) in paragraph 37 (amendments of section 59 of the Code)—

• (i) for “59(2)(h)” substitute “ 59(2) ”;

• (ii) after “court)” insert

— (a) in paragraph (ga), for “sections 268B and” substitute “ section ”; (b) in paragraph (h),

;

• (c) in paragraph 38 (amendments of section 61 of the Code), after sub-paragraph (a) insert—

(aa) in subsection (2B), omit “268C(2)(b) or”;

;

• (d) after paragraph 38 insert—

(38A) In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”. (38B) In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.

;

• (e) in paragraph 40 (amendments of section 166 of the Code), for “paragraphs 3 and 4” substitute “ entries 3, 4 and 4A ”;

• (f) in paragraph 46 (amendments of section 231 of the Code), at the end insert—

(d) in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.

;

• (g) after paragraph 57 insert—

(57A) In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”. (57B) In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).

;

• (h) in paragraph 62 (amendments of section 308(1) of the Code), after paragraph (a) insert—

(aa) in paragraph (aa), omit “268B or”;

;

• (i) after paragraph 68 insert—

(68A) In section 323 (minimum term order: other life sentences)— (a) in subsection (4), omit “268B(2) or” in both places; (b) in subsection (6)(b), omit “268B(2) or”.

;

• (j) in paragraph 70 (amendments of section 329 of the Code)—

• (i) after the opening words insert—

(za) in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;

• (ii) after paragraph (a) insert—

(aa) omit subsection (5A);

;

• (iii) in paragraph (b), after “(e)” insert “ , (ea) ”;

• (k) in paragraph 72 (amendments of section 397(1) of the Code)—

• (i) the words from “in the definition” to the end become sub-paragraph (a);

• (ii) at the end insert—

(b) in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).

;

• (l) for paragraph 73 (amendments of section 399 of the Code) substitute—

(73) In section 399 (mandatory sentences)— (a) in paragraph (b)— (i) in the opening words, omit “, custody for life”; (ii) in sub-paragraph (i), omit “, 274”; (iii) in sub-paragraph (ii), omit “273 or”; (b) in paragraph (ba), omit “268B or”.

;

• (m) before paragraph 80 (amendment of Schedule 18 to the Code) insert—

(79A) In Schedule 17A (serious terrorism offences), after paragraph 24 insert— (24A) An 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) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).

;

• (n) in paragraph 101 (amendment of section 37 of the Mental Health Act 1983)—

• (i) in sub-paragraph (1), omit “, as amended by paragraph 73 of Schedule 24”;

• (ii) in sub-paragraph (2), for “273” substitute “ 268A, 273 ”;

• (iii) in sub-paragraph (3), after “(1B)” insert

— (a) in paragraph (aa), omit “section 268A or” and “282B(2) or”; (b)

.

PART 3 — Offences attracting special custodial sentence: England and Wales

Sentencing Act 2020 (c. 17)

12

• (1) In section 398 of the Sentencing Act 2020 (ancillary or inchoate offences), in subsection (4), in the words after paragraph (b), for “9” substitute “ 8 or 12 ”.

• (2) The amendment made by sub-paragraph (1) does not apply where a person is convicted of an offence before the day on which this paragraph comes into force.

PART 4 — Sentence for offenders of particular concern aged under 18 at time of offence: England and Wales

Rehabilitation of Offenders Act 1974 (c. 53)

13

In section 5 of the Rehabilitation of Offenders Act 1974 as it forms part of the law of England and Wales (rehabilitation periods for particular sentences)—

• (a) in subsection (1)(d), after “or section 250” insert “ or 252A ”;