Counter-Terrorism and Sentencing Act 2021

(1) Subject to paragraph (2), where— (a) the Department of Justice refers to the Commissioners— (i) the case of an extended custodial prisoner under Article 18 of the 2008 Order, or (ii) the case of any prisoner under Article 20A of that Order, and (b) the relevant part of the prisoner's sentence is less than 26 weeks; these rules shall apply subject to the modifications made by rule 25(a).

;

• (b) after paragraph (2) insert—

(3) For the purposes of paragraph (1)(b), the “relevant part of the sentence”— (a) in the case of an extended custodial prisoner to whom Article 18 of the 2008 Order applies, means one half of the appropriate custodial term of the sentence as defined by Article 14(4) or 14(6) of that Order; (b) in the case of a prisoner to whom Article 20A of that Order applies, has the meaning given by paragraph (9) of that Article; and in determining the length of that part any reduction required by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 is to be taken into account.

Offences aggravated by terrorist connection

Offences relevant for provisions of this Act relating to Northern Ireland

Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland

Additional offences attracting extended sentence: England and Wales

Increase in extension period for serious terrorism offenders aged under 18: England and Wales

Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales

Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales

Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales

Terrorism sentence with fixed licence period: Northern Ireland

Removal of early release for dangerous terrorist prisoners: Scotland

Release on licence of terrorist prisoners repatriated to the United Kingdom

TPIMs: condition as to involvement in terrorism-related activity

TPIMs: extension of time limit

TPIMs: variation of measures

TPIMs: polygraph measure

TPIMs: annual review

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

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

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

Commencement

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

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

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

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))—

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

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

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

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

Serious terrorism sentence for services offences

Reduction in appropriate custodial term for guilty plea

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

Reduction in appropriate custodial term for assistance to prosecution

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

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

Terrorism Act 2000 (c. 11)

Counter-Terrorism Act 2008 (c. 28)

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

Space Industry Act 2018 (c. 5)

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

Sentencing Act 2020 (c. 17)

Criminal Justice Act 1982 (c. 48)

Mental Health Act 1983 (c. 20)

Criminal Justice Act 2003 (c. 44)

Offender Management Act 2007 (c. 21)

Sentencing Act 2020 (c. 17)

Sentencing Act 2020 (c. 17)

Rehabilitation of Offenders Act 1974 (c. 53)

Magistrates' Courts Act 1980 (c. 43)

Mental Health Act 1983 (c. 20)

Criminal Justice and Public Order Act 1994 (c. 33)

Crime and Disorder Act 1998 (c. 37)

Criminal Justice and Court Services Act 2000 (c. 43)

Proceeds of Crime Act 2002 (c. 29)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Armed Forces Act 2006 (c. 52)

Offender Management Act 2007 (c. 21)

Counter-Terrorism Act 2008 (c. 28)

Sentencing Act 2020 (c. 17)

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)

Child Benefit (General) Regulations 2006 (S.I. 2006/223)

Employment and Support Allowance Regulations 2008 (S.I. 2008/794)

Employment and Support Allowance Regulations 2013 (S.I. 2013/379)

Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W. 298))

Rehabilitation of Offenders Act 1974 (c. 53)

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

Criminal Justice Act 1982 (c. 48)

Crime and Disorder Act 1998 (c. 37)

Criminal Justice and Court Services Act 2000 (c. 43)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Armed Forces Act 2006 (c. 52)

Counter-Terrorism Act 2008 (c. 28)

Sentencing Act 2020 (c. 17)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Social Work (Scotland) Act 1968 (c. 49)

Rehabilitation of Offenders Act 1974 (c. 53)

Repatriation of Prisoners Act 1984 (c. 47)

Prisons (Scotland) Act 1989 (c. 45)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

Criminal Procedure (Scotland Act) 1995 (c. 46)

Crime (Sentences) Act 1997 (c. 43)

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

Extradition Act 2003 (c. 41)

Sexual Offences Act 2003 (c. 42)

Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

Counter-Terrorism Act 2008 (c. 28)

Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Counter-Terrorism Act 2008 (c. 28)

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Sexual Offences Act 2003 (c. 42)

Counter-Terrorism Act 2008 (c. 28)

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

Extradition Act 2003 (c. 41)

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))

Parole Commissioners' Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)

Editorial notes