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Reform history

Counter-Terrorism and Sentencing Act 2021

3 versions · 2021-04-29

2026-03-31

Counter-Terrorism and Sentencing Act 2021

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2022-06-28

Counter-Terrorism and Sentencing Act 2021

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Changes on 2022-06-28

@@ -4,15 +4,15 @@

### Offences to be sentenced as terrorist offences

#### Offences aggravated by terrorist connection

#### Additional terrorism offences attracting extended sentence: Scotland

##### 1

- (1) The Sentencing Code is amended as set out in subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/11/section/1/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2021/11/section/1/3/enacted).

- (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)](#p00067) or [(5)](#p00069)”;

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

- (b) after subsection (3) insert—

@@ -23,7 +23,7 @@

> (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)](#p00067) and [(5)](#p00069) to have been committed on the last of those days.

> (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.

@@ -31,7 +31,7 @@

- (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)](#p00072) or [(5B)](#p00073)”;

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

- (b) after subsection (5) insert—

@@ -44,7 +44,7 @@

> (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)](#p00072) and [(5B)](#p00073) to have been committed on the last of those days.

> (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.

;

@@ -52,7 +52,7 @@

- (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)](#p00074) or [(4B)](#p00075)”;

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

- (b) after subsection (4) insert—

@@ -65,14 +65,14 @@

> (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)](#p00076) 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)](#p00078);

> (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)](#p00074) to [(4C)](#p00077) to have been committed on the last of those days.

> (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.

;

@@ -88,7 +88,9 @@

- (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— is specified in Part 1 of Schedule 17A, or is specified in Part 2 of that Schedule and has been determined to have a terrorist connection under section 69;

> “*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;

;

@@ -98,20 +100,20 @@

##### 3

- (1) The Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)) is amended as follows.

- (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;

> “*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—

> (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.

@@ -129,7 +131,7 @@

> (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)](#p00083) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—

> (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,

@@ -146,7 +148,7 @@

> 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)](#p00082) to have been committed on the last of those days.

> (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.

@@ -169,7 +171,7 @@

> (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)](#p00086) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—

> (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,

@@ -186,7 +188,7 @@

> (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)](#p00085) 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.

@@ -236,16 +238,18 @@

> (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)](#p00099)).

> (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)](#p00090), the court must—

> (a) consider a report by a relevant officer of a local authority about the offender and the offender’s circumstances, and

> (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— is specified in Part 1 of Schedule 5ZA, or 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.

> - “*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.

@@ -253,7 +257,7 @@

##### 7

In the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)), after Article 13 insert—

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

> (13A)

> (1) This Article applies where—

@@ -268,7 +272,7 @@

> (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 offence referred to in paragraph [(1)(a)](#p00104); or

> (i) the offence referred to in paragraph (1)(a); or

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

> (b) the offender was, or ought to have been, aware of that likelihood.

@@ -279,15 +283,15 @@

> (6) Where the offender is under the age of 21, a serious terrorism sentence is a sentence of detention at such place and under such conditions as the Department of Justice may direct for a term 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.

> (7) A person detained pursuant to the directions of the Department of Justice under paragraph [(6)](#p00110) shall while so detained be in legal custody.

> (8) In paragraphs [(5)(a)](#p00108) and [(6)(a)](#p00111), “the appropriate custodial term” means (subject to paragraphs [(9)](#p00115) and [(10)](#p00116))—

> (7) A person detained pursuant to the directions of the Department of Justice under paragraph (6) shall while so detained be in legal custody.

> (8) In paragraphs (5)(a) and (6)(a), “*the appropriate custodial term*” means (subject to paragraphs (9) and (10))—

> (a) a term of 14 years; or

> (b) if longer, the term that would (apart from this Article and Articles 14 and [15A](#p00167)) be imposed in compliance with Article 7 (length of custodial sentences).

> (b) if longer, the term that would (apart from this Article and Articles 14 and 15A) be imposed in compliance with Article 7 (length of custodial sentences).

> (9) The court may, to the extent that it considers appropriate in order to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, specify an appropriate custodial term of less than 14 years but no less than 11 years and 73 days.

> (10) The court may specify a lesser period than that otherwise required by paragraph [(8)](#p00113) or [(9)](#p00115) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (11) The extension period under paragraph [(5)(b)](#p00109) or [(6)(b)](#p00112)—

> (10) The court may specify a lesser period than that otherwise required by paragraph (8) or (9) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (11) The extension period under paragraph (5)(b) or (6)(b)—

> (a) must be at least seven years and must not exceed 25 years; and

> (b) subject to those limits, is to be of such length as the court considers necessary for the purpose of protecting members of the public from the risk of harm referred to in paragraph [(1)(d)](#p00105).

> (b) subject to those limits, is to be of such length as the court considers necessary for the purpose of protecting members of the public from the risk of harm referred to in paragraph (1)(d).

> (12) A court which imposes a serious terrorism sentence shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences) in relation to that sentence.

> (13) Remission shall not be granted under prison rules to the offender in respect of a sentence imposed under this Article.

@@ -307,7 +311,7 @@

In section 196 of the Criminal Procedure (Scotland) Act 1995 (sentence following guilty plea), after subsection (1A) insert—

> (1B) Subsection [(1C)](#p00120) applies where—

> (1B) Subsection (1C) applies where—

> (a) the court is making an order for lifelong restriction to which section 205ZB applies in respect of an offender or imposing on an offender—

> (i) a serious terrorism sentence of imprisonment under section 205ZA(2),

> (ii) a serious terrorism sentence of detention under section 205ZA(6),

@@ -322,7 +326,7 @@

In section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution), after subsection (4) insert—

> (4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court’s power under subsection (2) so far it relates to determining the appropriate custodial term.

> (4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term.

### Life or indeterminate sentences for serious terrorism offences

@@ -333,7 +337,7 @@

In section 323 of the Sentencing Code (minimum term order: other life sentences), after subsection (2) insert—

> (3) Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years.

> This is subject to subsections [(5)](#p00123) and [(6)](#p00124).

> This is subject to subsections (5) and (6).

> (4) A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).

> (5) The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—

> (a) relate to the offence or to the offender, and

@@ -361,7 +365,7 @@

> (a) relate to the offence or to the offender, and

> (b) justify a lesser period.

> (4) Before forming an opinion for the purposes of section 205ZA(1)(d) (by virtue of subsection (1)), the court must—

> (a) consider a report by a relevant officer of a local authority about the offender and the offender’s circumstances, and

> (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.

> (5) In this section, “local authority” and “relevant officer” have the meanings given by section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

@@ -369,38 +373,38 @@

##### 13

- (1) The Life Sentences (Northern Ireland) Order 2001 ([S.I. 2001/2564 (N.I. 2)](https://www.legislation.gov.uk/nisi/2001/2564)) is amended as follows.

- (2) In Article 5(2) (length of tariff), after “shall” insert “(subject to Article [5A](#p00128) (serious terrorism cases))”.

- (1) The Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) is amended as follows.

- (2) In Article 5(2) (length of tariff), after “shall” insert “ (subject to Article 5A (serious terrorism cases)) ”.

- (3) After Article 5 insert—

> (5A)

> (1) If the court makes an order under Article 5(1) in a serious terrorism case, the part of the sentence specified in the order must be at least 14 years.

> This is subject to paragraphs [(2)](#p00130) to [(4)](#p00132).

> (2) The court may, to the extent that it considers appropriate in order to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, specify a period of less than 14 years but (subject to paragraphs [(3)](#p00131) and [(4)](#p00132)) no less than 11 years and 73 days.

> (3) The court may specify a lesser period than that otherwise required by paragraph [(1)](#p00129) or [(2)](#p00130) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (4) The court may specify a lesser period than that otherwise required by paragraph [(1)](#p00129) or [(2)](#p00130) if the court is of the opinion that there are exceptional circumstances which—

> This is subject to paragraphs (2) to (4).

> (3) The court may specify a lesser period than that otherwise required by paragraph (1) or (2) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (4) The court may specify a lesser period than that otherwise required by paragraph (1) or (2) if the court is of the opinion that there are exceptional circumstances which—

> (a) relate to the offence or to the offender; and

> (b) justify the specification of a lesser period.

> (5) For the purposes of this Article, a “serious terrorism case” is a case where, if the court did not impose a life sentence or an indeterminate custodial sentence, it would be required by Article [13A](#p00103) of the Criminal Justice (Northern Ireland) Order 2008 to impose a serious terrorism sentence (assuming for this purpose that the court was not of the opinion mentioned in paragraph [(2)](#p00106) of that Article).

> (6) In paragraph (5), “indeterminate custodial sentence” means a sentence under Article 13(4) of the Criminal Justice (Northern Ireland) Order 2008.

> (5) For the purposes of this Article, a “serious terrorism case” is a case where, if the court did not impose a life sentence or an indeterminate custodial sentence, it would be required by Article 13A of the Criminal Justice (Northern Ireland) Order 2008 to impose a serious terrorism sentence (assuming for this purpose that the court was not of the opinion mentioned in paragraph (2) of that Article).

> (6) In paragraph (5), “*indeterminate custodial sentence*” means a sentence under Article 13(4) of the Criminal Justice (Northern Ireland) Order 2008.

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

##### 14

- (1) Article 13 of the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)) (life sentences and indeterminate custodial sentences) is amended as follows.

- (2) In paragraph (3)(b), after “being” insert “(subject to paragraphs [(3A)](#p00134) to [(3E)](#p00138))”.

- (1) Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (life sentences and indeterminate custodial sentences) is amended as follows.

- (2) In paragraph (3)(b), after “being” insert “ (subject to paragraphs (3A) to (3E)) ”.

- (3) After paragraph (3) insert—

> (3A) In a serious terrorism case, the period specified under paragraph (3)(b) must (subject to paragraphs [(3C)](#p00136) to [(3E)](#p00138)) be at least 14 years.

> (3B) A “serious terrorism case” is a case where, but for the fact that the court is required to impose an indeterminate custodial sentence, it would be required by Article [13A](#p00103) to impose a serious terrorism sentence (assuming for this purpose that the court was not of the opinion mentioned in paragraph [(2)](#p00106) of that Article).

> (3C) The court may, to the extent that it considers appropriate in order to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, specify a period of less than 14 years but (subject to paragraphs [(3D)](#p00137) and [(3E)](#p00138)) no less than 11 years and 73 days.

> (3D) The court may specify a lesser period than that otherwise required by paragraph [(3A)](#p00134) or [(3C)](#p00136) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (3E) The court may specify a lesser period than that otherwise required by paragraph [(3A)](#p00134) or [(3C)](#p00136) if the court is of the opinion that there are exceptional circumstances which—

> (3A) In a serious terrorism case, the period specified under paragraph (3)(b) must (subject to paragraphs (3C) to (3E)) be at least 14 years.

> (3B) A “serious terrorism case” is a case where, but for the fact that the court is required to impose an indeterminate custodial sentence, it would be required by Article 13A to impose a serious terrorism sentence (assuming for this purpose that the court was not of the opinion mentioned in paragraph (2) of that Article).

> (3D) The court may specify a lesser period than that otherwise required by paragraph (3A) or (3C) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

> (3E) The court may specify a lesser period than that otherwise required by paragraph (3A) or (3C) if the court is of the opinion that there are exceptional circumstances which—

> (a) relate to the offence or to the offender; and

> (b) justify the specification of a lesser period.

@@ -448,9 +452,9 @@

- (2) In paragraph (b)—

- (a) in sub-paragraph (i), at the end insert “(unless sub-paragraph [(iii)](#p00141) applies)”;

- (b) in sub-paragraph (ii), at the end insert “(unless sub-paragraph [(iii)](#p00141) applies)”;

- (a) in sub-paragraph (i), at the end insert “ (unless sub-paragraph (iii) applies) ”;

- (b) in sub-paragraph (ii), at the end insert “ (unless sub-paragraph (iii) applies) ”;

- (c) after sub-paragraph (ii) insert—

@@ -466,9 +470,9 @@

- (2) In paragraph (b)—

- (a) in sub-paragraph (i), at the end insert “(unless sub-paragraph [(iii)](#p00143) applies);”;

- (b) in sub-paragraph (ii), at the end insert “(unless sub-paragraph [(iii)](#p00143) applies);”;

- (a) in sub-paragraph (i), at the end insert “ (unless sub-paragraph (iii) applies); ”;

- (b) in sub-paragraph (ii), at the end insert “ (unless sub-paragraph (iii) applies); ”;

- (c) after sub-paragraph (ii) insert—

@@ -484,9 +488,9 @@

- (2) In paragraph (b)—

- (a) in sub-paragraph (i), at the end insert “(unless sub-paragraph [(iii)](#p00145) applies)”;

- (b) in sub-paragraph (ii), at the end insert “(unless sub-paragraph [(iii)](#p00145) applies)”;

- (a) in sub-paragraph (i), at the end insert “ (unless sub-paragraph (iii) applies) ”;

- (b) in sub-paragraph (ii), at the end insert “ (unless sub-paragraph (iii) applies) ”;

- (c) after sub-paragraph (ii) insert—

@@ -502,7 +506,9 @@

- (2) In section 210A(10) (extended sentences for terrorist offenders etc: interpretation), for the definition of “terrorism offence” substitute—

> - “terrorism offence” means an offence that— is specified in Part 1 of Schedule 5ZC, or 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;

> “*terrorism offence*” means an offence that—

> (a) is specified in Part 1 of Schedule 5ZC, or

> (b) 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;

@@ -512,7 +518,7 @@

##### 20

- (1) Article 14 of the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)) (extended custodial sentences) is amended as follows.

- (1) Article 14 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (extended custodial sentences) is amended as follows.

- (2) In paragraph (1)—

@@ -532,9 +538,9 @@

- (3) In paragraph (8)—

- (a) in sub-paragraph (a), for “; and” substitute “(unless sub-paragraph [(c)](#p00148) applies);”;

- (b) in sub-paragraph (b), at the end insert “(unless sub-paragraph [(c)](#p00148) applies); and”;

- (a) in sub-paragraph (a), for “; and” substitute “ (unless sub-paragraph (c) applies); ”;

- (b) in sub-paragraph (b), at the end insert “ (unless sub-paragraph (c) applies); and ”;

- (c) after sub-paragraph (b) insert—

@@ -548,7 +554,7 @@

- (1) In the Sentencing Code, for Schedule 13 (offences attracting special custodial sentence for offenders of particular concern) substitute the Schedule set out in Schedule 6 to this Act.

- (2) The amendment made by subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/11/section/21/1/enacted) does not apply where a person is convicted of an offence before the day on which this section comes into force.

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

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

@@ -559,21 +565,21 @@

- (2) After section 252 insert—

> (252A)

> (1) Subsections [(3)](#p00159) to [(5)](#p00161) apply where—

> (1) Subsections (3) to (5) apply where—

> (a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),

> (b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,

> (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 250, or

> (ii) an extended sentence of detention under section 254, and

> (d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).

> (2) In determining for the purposes of subsection [(1)(d)](#p00158) 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.

> (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) The term of the sentence must be equal to the aggregate of—

> (a) the appropriate custodial term, and

> (b) a further period of 1 year for which the offender is to be subject to a licence,

> and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

> (5) For the purposes of subsection [(4)](#p00160), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

> (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 subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/11/section/22/1/enacted) to have been committed on the last of those days.

> (5) For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

> (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 subsection (1) to have been committed on the last of those days.

- (3) In section 265 (special sentence of detention in young offender institution for offenders of particular concern)—

@@ -581,7 +587,7 @@

- (i) omit sub-paragraph (i) (including the final “and”);

- (ii) in sub-paragraph (ii), after “aged” insert “at least 18 but”;

- (ii) in sub-paragraph (ii), after “aged” insert “ at least 18 but ”;

- (b) after subsection (1) insert—

@@ -630,7 +636,7 @@

> (3) If the court decides to impose a sentence of imprisonment and the offender is 21 years of age or over, the court must impose a sentence of imprisonment the term of which is equal to the aggregate of—

> (a) the appropriate custodial term, and

> (b) a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

> (4) If the offender is at least 16 years of age but under 21 (other than an offender falling within subsection [(5)](#p00165)) and the court decides to impose a sentence of detention, the court must impose a sentence of detention in a young offenders institution the term of which is equal to the aggregate of—

> (4) If the offender is at least 16 years of age but under 21 (other than an offender falling within subsection (5)) and the court decides to impose a sentence of detention, the court must impose 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 of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

> (5) If the offender is a child and the court decides to impose a sentence of detention, the court must impose a sentence of detention in such place and on such conditions as may be directed under section 208 the term of which is equal to the aggregate of—

@@ -638,7 +644,7 @@

> (b) a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

> (6) The “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

> (7) The term of a sentence of imprisonment or, as the case may be, a sentence of detention, imposed under this section for an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.

> (8) In this section, “terrorism offence” means—

> (8) In this section, “*terrorism offence*” means—

> (a) an offence that is specified in Schedule 5ZB, or

> (b) any other offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.

@@ -648,13 +654,13 @@

##### 24

In the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)), after Article 15 insert—

In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), after Article 15 insert—

> (15A)

> (1) This Article applies where—

> (a) a person is convicted after the commencement of section 24 of the Counter-Terrorism and Sentencing Act 2021 of—

> (i) a serious terrorism offence;

> (ii) an offence within Part 4 of Schedule 2A (terrorism offences punishable with more than two years’ imprisonment); or

> (ii) an offence within Part 4 of Schedule 2A (terrorism offences punishable with more than two years' imprisonment); or

> (iii) any other offence in respect of which a determination of terrorist connection is made;

> (b) the court does not impose, in respect of the offence or any offence associated with it, a life sentence, an indeterminate custodial sentence, a serious terrorism sentence or an extended custodial sentence; and

> (c) the court decides to impose a custodial sentence.

@@ -668,9 +674,9 @@

> (5) Where the offender is under the age of 21, a sentence under this Article is a sentence of detention at such place and under such conditions as the Department of Justice may direct for a term which is equal to the aggregate of—

> (a) the appropriate custodial term; and

> (b) a further period of one year for which the offender is to be subject to a licence.

> (6) The term under paragraph [(4)](#p00169) or [(5)](#p00172) must not exceed the maximum term of imprisonment with which the offence is punishable (apart from Article 13).

> (7) In paragraphs [(4)(a)](#p00170) and [(5)(a)](#p00173), the “appropriate custodial term” means the term that, in the opinion of the court, ensures that the sentence is appropriate.

> (8) A person detained pursuant to the directions of the Department of Justice under paragraph [(5)](#p00172) shall while so detained be in legal custody.

> (6) The term under paragraph (4) or (5) must not exceed the maximum term of imprisonment with which the offence is punishable (apart from Article 13).

> (7) In paragraphs (4)(a) and (5)(a), the “*appropriate custodial term*” means the term that, in the opinion of the court, ensures that the sentence is appropriate.

> (8) A person detained pursuant to the directions of the Department of Justice under paragraph (5) shall while so detained be in legal custody.

> (9) A court which imposes a sentence under this Article shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences) in relation to that sentence.

> (10) Remission shall not be granted under prison rules to the offender in respect of a sentence under this Article.

@@ -690,11 +696,11 @@

- (1) In the Terrorism Act 2000—

- (a) in section 11(3)(a) (sentence on conviction on indictment for membership of proscribed organisation), for “ten” substitute “14”;

- (b) in section 12(6)(a) (sentence on conviction on indictment for inviting or expressing support for proscribed organisation), for “ten” substitute “14”.

- (2) In the Terrorism Act 2006, in section 8(4)(a) (sentence on conviction on indictment for attendance at place used for terrorist training), for “10” substitute “14”.

- (a) in section 11(3)(a) (sentence on conviction on indictment for membership of proscribed organisation), for “ten” substitute “ 14 ”;

- (b) in section 12(6)(a) (sentence on conviction on indictment for inviting or expressing support for proscribed organisation), for “ten” substitute “ 14 ”.

- (2) In the Terrorism Act 2006, in section 8(4)(a) (sentence on conviction on indictment for attendance at place used for terrorist training), for “10” substitute “ 14 ”.

- (3) An amendment made by this section has effect only in relation to an offence committed on or after the day on which this section comes into force.

@@ -718,7 +724,7 @@

- (b) after subsection (2) insert—

> (2A) Subsections (3) to (5) apply unless the terrorist prisoner’s sentence was imposed—

> (2A) Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

> (a) under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),

> (b) on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

> (c) in respect of an offence that—

@@ -745,8 +751,8 @@

- (b) after subsection (2) insert—

> (2A) Subsections (3) to (5) apply unless the terrorist prisoner’s sentence was imposed—

> (a) under section [205ZA](#p00088) or 210A of the 1995 Act (serious terrorism sentence or extended sentence for dangerous offenders),

> (2A) Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

> (a) under section 205ZA or 210A of the 1995 Act (serious terrorism sentence or extended sentence for dangerous offenders),

> (b) on or after the day on which section 28 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

> (c) in respect of an offence that—

> (i) is specified in Part 1 of Schedule 1A (terrorism offences punishable with imprisonment for life),

@@ -774,25 +780,30 @@

> (a) the prisoner must be released on licence, and

> (b) the licence remains in force until the end of the extension period (but subject to section 17).

> (6) The extension period is to be taken to begin—

> (a) for the purposes of subsection [(4)](#p00183), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term;

> (b) for the purposes of subsection [(5)](#p00184), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term.

> (7) Where a terrorist prisoner is subject to two or more terrorism sentences, the extension period which is taken to begin in accordance with subsection [(6)](#p00185) is the aggregate of the extension period of each of those sentences.

> (8) Subsection [(7)](#p00186) is subject to—

> (a) for the purposes of subsection (4), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term;

> (b) for the purposes of subsection (5), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term.

> (7) Where a terrorist prisoner is subject to two or more terrorism sentences, the extension period which is taken to begin in accordance with subsection (6) is the aggregate of the extension period of each of those sentences.

> (8) Subsection (7) is subject to—

> (a) sections 1A(1)(c) and 1B(11), and

> (b) in the case of a terrorism sentence imposed under section 205ZA of the 1995 Act, subsection (10) of that section and any direction by the court imposing the sentence.

> (9) For the purposes of sections 12(3) and 17(1), the question of whether a terrorist prisoner is a long-term or short-term prisoner is to be determined by reference to the terrorism sentence.

> (10) In the application of this Part to a terrorism sentence—

> (a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner’s sentence in full are to be read as if they were references to the date on which the terrorism sentence as originally imposed by the court would expire, and

> (b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner’s sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period.

> (a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner's sentence in full are to be read as if they were references to the date on which the terrorism sentence as originally imposed by the court would expire, and

> (b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner's sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period.

> (11) For the purposes of this section—

> - “appropriate custodial term”, in relation to a terrorism sentence imposed on a terrorist prisoner, means— the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, or the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;

> - “extension period” means— in relation to a sentence of imprisonment imposed on a terrorist prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner; in relation to a sentence of imprisonment imposed on a terrorist prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner; in relation to an extended sentence imposed on a terrorist prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.

> - “*appropriate custodial term*”, in relation to a terrorism sentence imposed on a terrorist prisoner, means—

> 1. the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, or

> 2. the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;

> - “*extension period*” means—

> 1. in relation to a sentence of imprisonment imposed on a terrorist prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner;

> 2. in relation to a sentence of imprisonment imposed on a terrorist prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner;

> 3. in relation to an extended sentence imposed on a terrorist prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.

#### Restricted eligibility for early release of terrorist prisoners: Northern Ireland

##### 30

- (1) In the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)), after Article 20 insert—

- (1) In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), after Article 20 insert—

> (20A)

> (1) This Article applies to a fixed-term prisoner (a “terrorist prisoner”) who—

@@ -805,34 +816,36 @@

> (3) The Department of Justice shall release the terrorist prisoner on licence under this Article as soon as—

> (a) the prisoner has served the relevant part of the sentence; and

> (b) the Parole Commissioners have directed the release of the prisoner under this Article.

> (4) The Parole Commissioners shall not give a direction under paragraph [(3)](#p00191) with respect to the terrorist prisoner unless—

> (a) the Department of Justice has referred the prisoner’s case to them; and

> (4) The Parole Commissioners shall not give a direction under paragraph (3) with respect to the terrorist prisoner unless—

> (a) the Department of Justice has referred the prisoner's case to them; and

> (b) they are satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

> (5) The terrorist prisoner may require the Department of Justice to refer the prisoner’s case to the Parole Commissioners at any time—

> (5) The terrorist prisoner may require the Department of Justice to refer the prisoner's case to the Parole Commissioners at any time—

> (a) after the prisoner has served the relevant part of the sentence; and

> (b) where there has been a previous reference of the prisoner’s case to the Parole Commissioners, after the expiration of the period of 2 years beginning with the disposal of that reference or such shorter period as the Parole Commissioners may on the disposal of that reference determine;

> and in this paragraph “previous reference” means a reference under paragraph [(4)](#p00193) or Article 28(4).

> (6) Where the Parole Commissioners do not direct the prisoner’s release under paragraph [(3)(b)](#p00192), the Department of Justice shall refer the case to them again not later than the expiration of the period of 2 years beginning with the disposal of that reference.

> (b) where there has been a previous reference of the prisoner's case to the Parole Commissioners, after the expiration of the period of 2 years beginning with the disposal of that reference or such shorter period as the Parole Commissioners may on the disposal of that reference determine;

> and in this paragraph “*previous reference*” means a reference under paragraph (4) or Article 28(4).

> (6) Where the Parole Commissioners do not direct the prisoner's release under paragraph (3)(b), the Department of Justice shall refer the case to them again not later than the expiration of the period of 2 years beginning with the disposal of that reference.

> (7) In determining for the purpose of this Article whether a terrorist prisoner has served the relevant part of a sentence, no account shall be taken of any time during which the prisoner was unlawfully at large, unless the Department of Justice otherwise directs.

> (8) If the terrorist prisoner is serving a serious terrorism sentence, an extended custodial sentence or an Article [15A](#p00167) terrorism sentence, the Department of Justice shall release the terrorist prisoner on licence under this Article as soon as the prisoner has served the appropriate custodial term unless the prisoner has previously been recalled under Article 28.

> (8) If the terrorist prisoner is serving a serious terrorism sentence, an extended custodial sentence or an Article 15A terrorism sentence, the Department of Justice shall release the terrorist prisoner on licence under this Article as soon as the prisoner has served the appropriate custodial term unless the prisoner has previously been recalled under Article 28.

> (9) For the purposes of this Article—

> - “appropriate custodial term”, in relation to a serious terrorism sentence, an extended custodial sentence or an Article [15A](#p00167) terrorism sentence, means the term determined as such by the court under Article [13A](#p00103), 14 or [15A](#p00167);

> - “commencement date” means the date on which section 30 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

> - “relevant part of the sentence” means— in relation to an extended custodial sentence or an Article [15A](#p00167) terrorism sentence, two-thirds of the appropriate custodial term; in relation to any other sentence, two-thirds of the term of the sentence.

> (10) For the purposes of this Article, a reference of a terrorist prisoner’s case to the Parole Commissioners under Article 18 that was disposed of—

> - “*appropriate custodial term*”, in relation to a serious terrorism sentence, an extended custodial sentence or an Article 15A terrorism sentence, means the term determined as such by the court under Article 13A, 14 or 15A;

> - “*commencement date*” means the date on which section 30 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

> - “*relevant part of the sentence*” means—

> 1. in relation to an extended custodial sentence or an Article 15A terrorism sentence, two-thirds of the appropriate custodial term;

> 2. in relation to any other sentence, two-thirds of the term of the sentence.

> (10) For the purposes of this Article, a reference of a terrorist prisoner's case to the Parole Commissioners under Article 18 that was disposed of—

> (a) before the commencement date; and

> (b) at a time when the prisoner had served two-thirds of the appropriate custodial term,

> is to be treated as if it was made (and disposed of) under this Article.

- (2) The amendment made by subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/11/section/30/1/enacted) does not affect any duty of the Department of Justice under Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 to release a person whose release has been directed by the Parole Commissioners before this section comes into force.

- (2) The amendment made by subsection (1) does not affect any duty of the Department of Justice under Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 to release a person whose release has been directed by the Parole Commissioners before this section comes into force.

#### Removal of early release for dangerous terrorist prisoners: Northern Ireland

##### 31

In Article [20A](#p00189) of the Criminal Justice (Northern Ireland) Order 2008 ([S.I. 2008/1216 (N.I. 1)](https://www.legislation.gov.uk/nisi/2008/1216)) (as inserted by section 30) (eligibility for release on licence of terrorist prisoners), after paragraph [(2)](#p00190) insert—

> (2A) Paragraphs [(3)](#p00191) to [(7)](#p00196) apply unless the terrorist prisoner’s sentence—

In Article 20A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (as inserted by section 30) (eligibility for release on licence of terrorist prisoners), after paragraph (2) insert—

> (2A) Paragraphs (3) to (7) apply unless the terrorist prisoner's sentence—

> (a) is a serious terrorism sentence or an extended custodial sentence;

> (b) was imposed after the commencement of section 31 of the Counter-Terrorism and Sentencing Act 2021; and

> (c) was imposed in respect of an offence that—

@@ -851,17 +864,17 @@

- (2) In section 28 (application of polygraph condition)—

- (a) in subsection (2), before “who” insert “or a relevant terrorist offence”;

- (a) in subsection (2), before “who” insert “ or a relevant terrorist offence ”;

- (b) after subsection (4) insert—

> (4A) In this section “relevant terrorist offence” means—

> (4A) In this section “*relevant terrorist offence*” means—

> (a) an offence that is specified in Part 1 or 2 of Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences carrying restricted eligibility for release on licence),

> (b) a service offence as respects which the corresponding civil offence is so specified, or

> (c) an offence that was determined to have a terrorist connection.

> (4B) In subsection [(4A)](#p00201)—

> (a) in paragraph [(b)](#p00202), “service offence” and “corresponding civil offence” have the same meaning as in the Counter-Terrorism Act 2008 (see section 95 of that Act);

> (b) paragraph [(c)](#p00203) is to be read in accordance with section 247A(7A) of the Criminal Justice Act 2003 (meaning of offences determined to have a terrorist connection).

> (4B) In subsection (4A)—

> (a) in paragraph (b), “*service offence*” and “*corresponding civil offence*” have the same meaning as in the Counter-Terrorism Act 2008 (see section 95 of that Act);

> (b) paragraph (c) is to be read in accordance with section 247A(7A) of the Criminal Justice Act 2003 (meaning of offences determined to have a terrorist connection).

- (3) In section 29 (effect of polygraph condition), after subsection (7) insert—

@@ -885,23 +898,23 @@

##### 34

In section 3 of the Terrorism Prevention and Investigation Measures Act 2011 (conditions for imposition of measures), in subsection (1), for “is satisfied, on the balance of probabilities,” substitute “reasonably believes”.

#### TPIMs: extension of time limit

##### 35

- (1) The Terrorism Prevention and Investigation Measures Act 2011 (the “2011 Act”) is amended in accordance with subsections [(2)](https://www.legislation.gov.uk/ukpga/2021/11/section/35/2/enacted) to [(6)](https://www.legislation.gov.uk/ukpga/2021/11/section/35/6/enacted).

- (2) For the italic heading before section 5, substitute “Duration of measures”.

- (1) The Terrorism Prevention and Investigation Measures Act 2011 (the “*2011 Act*”) is amended in accordance with subsections (2) to (6).

- (2) For the italic heading before section 5, substitute “ Duration of measures ”.

- (3) In section 5 (two year limit for TPIM notices)—

- (a) in subsection (3)(b), for “only one occasion” substitute “up to four occasions”;

- (b) in the heading, for “Two” substitute “Five”.

- (4) In section 12 (variation of measures), in subsection (9)(a), for “without being extended under section 5(2)” substitute “as mentioned in section 13(6)(a)”.

- (a) in subsection (3)(b), for “only one occasion” substitute “ up to four occasions ”;

- (b) in the heading, for “Two” substitute “ Five ”.

- (4) In section 12 (variation of measures), in subsection (9)(a), for “without being extended under section 5(2)” substitute “ as mentioned in section 13(6)(a) ”.

- (5) In section 13 (revocation and revival of TPIM notice)—

@@ -916,7 +929,7 @@

;

- (b) in subsection (7)(b), at the end insert “(and regardless of how many times it has been so extended)”;

- (b) in subsection (7)(b), at the end insert “ (and regardless of how many times it has been so extended) ”;

- (c) in subsection (9)—

@@ -941,9 +954,9 @@

- (ii) the Secretary of State has not made a determination under section 14(6)(b) of the 2011 Act (certain provisions not to apply as if replacement notice was continuation of original notice) in relation to the replacement TPIM notice.

- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2021/11/section/35/7/enacted)—

- “TPIM notice” has the meaning given by section 2(1) of the 2011 Act;

- (8) In subsection (7)—

- “*TPIM notice*” has the meaning given by section 2(1) of the 2011 Act;

- “replacement TPIM notice” and “overturned notice” have the meanings given by section 14(7) of that Act.

@@ -959,22 +972,22 @@

> (1A) The Secretary of State may by variation notice vary a relocation measure so as to substitute a different specified residence if the Secretary of State reasonably considers that—

> (a) the variation is necessary for reasons connected with the efficient and effective use of resources in relation to the individual; and

> (b) the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity.

> (1B) A “relocation measure” is a measure under paragraph 1(2) of Schedule 1 which requires the individual to reside at a specified residence within paragraph 1(3)(b) of that Schedule (requirement to reside at premises specified by Secretary of State other than individual’s own residence).

;

- (b) in each of subsections (7), (8), (9) and (10), after “subsection (1)” insert “or (1A)”;

> (b) the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.

;

- (b) in each of subsections (7), (8), (9) and (10), after “subsection (1)” insert “ or (1A) ”;

- (c) at the end insert—

> (11) Subsection (1A) does not limit the power under subsection(1).

> (11) Subsection (1A) does not limit the power under subsection (1).

- (3) In section 16 (appeals)—

- (a) in subsection (2), in the words before paragraph (a)—

- (i) after “varies” insert “under section 12(1)(c)”;

- (i) after “varies” insert “ under section 12(1)(c) ”;

- (ii) omit “(see section 12(1)(c))”;

@@ -982,12 +995,12 @@

> (2A) If the Secretary of State varies a relocation measure specified in a TPIM notice under section 12(1A)—

> (a) the individual may appeal to the court against the variation; and

> (b) the function of the court on such an appeal is to review the Secretary of State’s decisions that—

> (b) the function of the court on such an appeal is to review the Secretary of State's decisions that—

> (i) the variation was necessary for reasons connected with the efficient and effective use of resources in relation to the individual, and

> (ii) the relocation measure (as varied) remained, and continues to be, necessary for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.

> (2B) In subsection (2A) “relocation measure” has the meaning given by section 12(1B).

- (4) In section 21 (expiry and repeal of TPIM powers), in subsection (8), in the definition of “Secretary of State’s TPIM powers”, in paragraph (c) after “12(1)(c)” insert “or (1A)”.

> (2B) In subsection (2A) “*relocation measure*” has the meaning given by section 12(1B).

- (4) In section 21 (expiry and repeal of TPIM powers), in subsection (8), in the definition of “Secretary of State's TPIM powers”, in paragraph (c) after “12(1)(c)” insert “ or (1A) ”.

- (5) In Schedule 5 (powers of entry etc), in paragraph 5(2), for paragraph (c) (but not the final “or”) substitute—

@@ -1014,8 +1027,8 @@

> (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,

> (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—

@@ -1031,9 +1044,14 @@

> (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— the polygraph operator questions the individual, the questions and the individual’s answers are recorded, and 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— conducts one or more polygraph examinations of the individual, and interviews the individual in preparation for, or otherwise in connection with, any such examination.

> - “*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—

@@ -1055,10 +1073,20 @@

> 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— a constable, or a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;

> - “permitted sample” means— a sample of hair other than pubic hair; a sample taken from a nail or from under a nail; a sample of urine; saliva; 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; 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— a police station, or a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.

> - “*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;

@@ -1081,18 +1109,18 @@

- (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,”.

;

- (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;

> (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.

@@ -1110,15 +1138,15 @@

;

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

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

- (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)](#p00219) 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)](https://www.legislation.gov.uk/ukpga/2021/11/section/41/1/enacted) 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.

> (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

@@ -1165,7 +1193,7 @@

- (b) in subsection (9), omit the words from “, within the period” to the end.

- (2) The amendments made by subsection [(1)](https://www.legislation.gov.uk/ukpga/2021/11/section/45/1/enacted) 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.

- (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

@@ -1203,9 +1231,9 @@

- (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.

- “*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—

@@ -1217,7 +1245,7 @@

;

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

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

#### Extent

@@ -1225,13 +1253,13 @@

- (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)](https://www.legislation.gov.uk/ukpga/2021/11/section/49/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2021/11/section/49/4/enacted), the other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

- (3) Section 21[(2)](https://www.legislation.gov.uk/ukpga/2021/11/section/21/2/enacted) extends to England and Wales only.

- (4) Section 45[(2)](https://www.legislation.gov.uk/ukpga/2021/11/section/45/2/enacted) extends to England and Wales and Scotland.

- (5) Nothing in subsections [(1)](https://www.legislation.gov.uk/ukpga/2021/11/section/49/1/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2021/11/section/49/4/enacted) 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.

- (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.

@@ -1259,7 +1287,7 @@

- (a) section 3 (and Schedule 3);

- (b) section 21 (and Schedule 6), except as mentioned in subsection (3)[(f)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/f/enacted);

- (b) section 21 (and Schedule 6), except as mentioned in subsection (3)(f);

- (c) section 22;

@@ -1275,27 +1303,27 @@

- (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)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/i/enacted);

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

- (ii) Part 4 of that Schedule;

- (iii) paragraph [44](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/44/enacted);

- (iv) paragraph [45](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/45/enacted) other than sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/45/4/enacted);

- (v) paragraphs 47 to [51](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/51/enacted);

- (vi) paragraph [52](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/52/enacted) other than sub-paragraph [(7)(a)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/52/7/a/enacted);

- (vii) paragraph [53](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/53/enacted) other than sub-paragraph (4);

- (viii) paragraphs [54](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/54/enacted) to [60](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/60/enacted);

- (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)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/a/enacted);

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

- (b) section 2 (and Schedule 2);

@@ -1305,15 +1333,15 @@

- (e) sections 7 to 10;

- (f) section 11, except as mentioned in subsection (3)[(b)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/b/enacted);

- (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)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/c/enacted);

- (i) section 16, except as mentioned in subsection [(3)(d)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/d/enacted);

- (j) sections 17 and 18, except as mentioned in subsection [(3)(e)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/e/enacted);

- (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);

@@ -1339,13 +1367,13 @@

- (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)](https://www.legislation.gov.uk/ukpga/2021/11/section/50/3/h/enacted);

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

- (ii) Part 2 of that Schedule;

- (iii) paragraphs [45(4)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/45/4/enacted), [46](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/46/enacted), [52](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/52/enacted)[(7)(a)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/52/7/a/enacted) and [53](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/53/enacted)(4);

- (iv) Part [8](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/8/enacted) 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—

@@ -1431,7 +1459,7 @@

> (219ZA)

> (1) This section applies where—

> (a) a person is convicted by the Court Martial of a serious terrorism offence (see subsection [(11)](#p00292));

> (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));

@@ -1446,20 +1474,20 @@

> (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)](#p00290)—

> (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”.

> (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)](#p00291)—

> (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)](#p00289) to have been committed on the last of those days.

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

> (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

@@ -1484,9 +1512,9 @@

- (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”;

> (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”;

> (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

@@ -1514,7 +1542,7 @@

- (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](#p00285) 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)),

;

@@ -1531,11 +1559,11 @@

- (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”.

- (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”;

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

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

@@ -1544,7 +1572,7 @@

> (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](https://www.legislation.gov.uk/ukpga/2021/11/schedule/8/paragraph/8/enacted) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 came into force, or

> (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

@@ -1552,19 +1580,19 @@

After section 224A insert—

> (224B)

> (1) Subsections [(3)](#p00301) and [(4)](#p00302) 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](https://www.legislation.gov.uk/ukpga/2021/11/schedule/8/paragraph/9/enacted) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force,

> (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](#p00285) of that Schedule) (terrorism offences), or

> (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)](#p00300) 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)](#p00160) and [(5)](#p00161) of section [252A](#p00154) 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)](#p00297) to have been committed on the last of those days.

> (4) Subsections (4) and (5) of section 252A of the Sentencing Code apply in relation to the term of the sentence.

## SCHEDULE 9

@@ -1584,8 +1612,8 @@

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)](#p00312) or [(3E)](#p00313) 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)](#p00312) or [(3E)](#p00313) 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)](#p00201) of that section (terrorist offences in relation to which polygraph conditions can be included in release licence).

> (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”),

@@ -1593,19 +1621,19 @@

> (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)](#p00310) or [(3C)](#p00311) 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)](#p00312) or [(3E)](#p00313).

> (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)](https://www.legislation.gov.uk/asp/2003/7), 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”.

- (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)](#p00317) or [(3C)](#p00318) 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).

> (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”),

@@ -1613,25 +1641,25 @@

> (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)](#p00316) 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)](#p00317) or [(3C)](#p00318).

> (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)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/11/paragraph/3/1/enacted), is amended as follows.

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

- (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)](#p00321) 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).

> (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)](#p00320) 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)](#p00321).

> (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)](#p00323) or [(4C)](#p00324) 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](#p00189)[(2)](#p00190) (terrorist offences carrying restricted eligibility for release on licence).

> (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”),

@@ -1639,7 +1667,7 @@

> (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)](#p00322) 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)](#p00323) or [(4C)](#p00324).

> (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

@@ -1700,7 +1728,7 @@

> (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.

> (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;

@@ -1708,7 +1736,7 @@

> (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)](#p00326) applies where—

> (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.

@@ -1721,7 +1749,7 @@

> (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).

> (7) In this section “*terrorism*” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

##### 4

@@ -1755,7 +1783,7 @@

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

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

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

- (3) After subsection (7) insert—

@@ -1765,7 +1793,7 @@

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

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

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

- (3) At the end insert—

@@ -1781,11 +1809,11 @@

> (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”.

- (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;

> “*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;

@@ -1799,7 +1827,7 @@

> (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”.

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

##### 9

@@ -1811,7 +1839,7 @@

> (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”.

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

##### 10

@@ -1873,13 +1901,13 @@

- (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.”

- (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)](#p00067) or [(5)](#p00069) 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)](#p00074) or [(4B)](#p00075) of the Counter-Terrorism Act 2008 (offences where terrorist connection to be treated as aggravating factor)”.

- (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)

@@ -1893,7 +1921,7 @@

- (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”;

- (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”.

@@ -1901,7 +1929,7 @@

##### 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)

@@ -1925,7 +1953,7 @@

- (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”;

- (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”.

@@ -1941,7 +1969,7 @@

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”;

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

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

@@ -1955,7 +1983,7 @@

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”;

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

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

@@ -1971,27 +1999,27 @@

- (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”.

- (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”.

- (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”.

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

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

- (6) In section 255A (further release after recall)—

- (a) in subsection (2), after “extended sentence prisoner” insert “or a serious terrorism prisoner”;

- (a) in subsection (2), after “extended sentence prisoner” insert “ or a serious terrorism prisoner ”;

- (b) after subsection (7) insert—

@@ -1999,21 +2027,21 @@

- (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) in subsection (1)(a), after “prisoner” insert “or a serious terrorism prisoner (see section 255A(7) and (7A))”.

- (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”.

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

- (b) in subsection (1)(a), after “prisoner” insert “ or a serious terrorism prisoner (see section 255A(7) and (7A)) ”.

- (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”.

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)

@@ -2031,7 +2059,7 @@

;

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

- (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—

@@ -2041,7 +2069,7 @@

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

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

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

- (b) after subsection (2) insert—

@@ -2091,7 +2119,7 @@

- (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”;

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

- (b) after subsection (6) insert—

@@ -2111,7 +2139,7 @@

- (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”;

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

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

@@ -2127,7 +2155,7 @@

- (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”;

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

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

@@ -2149,7 +2177,7 @@

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

- (a) in subsection (3) (as amended by Part [4](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/4/enacted) of this Schedule), for “(5)” substitute “(5A)”;

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

- (b) after subsection (5) insert—

@@ -2165,7 +2193,9 @@

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

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

> “*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);

@@ -2177,11 +2207,11 @@

- (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,”.

- (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)—

@@ -2197,12 +2227,12 @@

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

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

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

- (ii) after “court)” insert

> —

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

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

> (b) in paragraph (h),

;

@@ -2220,11 +2250,11 @@

;

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

- (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”.

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

;

@@ -2253,7 +2283,7 @@

- (i) after the opening words insert—

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

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

- (ii) after paragraph (a) insert—

@@ -2261,7 +2291,7 @@

;

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

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

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

@@ -2299,7 +2329,7 @@

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

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

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

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

@@ -2315,9 +2345,9 @@

##### 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)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/12/1/enacted) does not apply where a person is convicted of an offence before the day on which this paragraph comes into force.

- (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

@@ -2327,35 +2357,35 @@

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”;

- (b) in subsection (8), in paragraph (f) of the definition of “custodial sentence”, before “of the Sentencing Code” insert “or 252A”.

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

- (b) in subsection (8), in paragraph (f) of the definition of “custodial sentence”, before “of the Sentencing Code” insert “ or 252A ”.

#### Magistrates’ Courts Act 1980 (c. 43)

##### 14

- (1) The Magistrates’ Courts Act 1980 is amended as follows.

- (1) The Magistrates' Courts Act 1980 is amended as follows.

- (2) In section 24A(5)(b) (explanation of sentencing powers if offender aged under 18 pleads guilty)—

- (a) after “16” insert “, [16A](#p00334)”;

- (b) after “16(1)(c)” insert “, [16A](#p00334)[(1)(c)](#p00335)”.

- (3) In section 113(3) (no bail pending appeal for accused committed to Crown Court), after “16” insert “, [16A](#p00334)”.

- (a) after “16” insert “ , 16A ”;

- (b) after “16(1)(c)” insert “ , 16A(1)(c) ”.

- (3) In section 113(3) (no bail pending appeal for accused committed to Crown Court), after “16” insert “ , 16A ”.

#### Mental Health Act 1983 (c. 20)

##### 15

In section 43(4) of the Mental Health Act 1983 (modification of magistrates’ court’s powers of committal), for “or 16” substitute “, 16 or [16A](#p00334)”.

In section 43(4) of the Mental Health Act 1983 (modification of magistrates' court's powers of committal), for “or 16” substitute “ , 16 or 16A ”.

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

##### 16

In section 25(5) of the Criminal Justice and Public Order Act 1994 (restriction of bail for certain offenders: interpretation), in paragraph (a) of the definition of “the relevant enactments”, after “250” insert “or 252A”.

#### Crime and Disorder Act 1998 (c. 37)

@@ -2363,13 +2393,13 @@

- (1) The Crime and Disorder Act 1998 is amended as follows.

- (2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), after “250,” insert “252A,”.

- (3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), after “250,” insert “252A,”.

- (2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), after “250,” insert “ 252A, ”.

- (3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), after “250,” insert “ 252A, ”.

- (4) In section 51A(3) (conditions for sending offender aged under 18 to Crown Court for trial), after paragraph (b) insert—

> (ba) that the offence is such as is mentioned in section [252A](#p00154)[(1)(a)](#p00155) of the Sentencing Code and the court considers that if he is found guilty of the offence it ought to be possible to sentence him under that section to a term of detention of more than two years;

> (ba) that the offence is such as is mentioned in section 252A(1)(a) of the Sentencing Code and the court considers that if he is found guilty of the offence it ought to be possible to sentence him under that section to a term of detention of more than two years;

@@ -2379,25 +2409,25 @@

- (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

- (2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (d), after “250” insert “or 252A”.

- (3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (b), after “250” insert “or 252A”.

- (4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (d), after “250” insert “or 252A”.

- (5) In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (c) of the definition of “sentence of imprisonment”, after “250” insert “or 252A”.

- (2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (d), after “250” insert “ or 252A ”.

- (3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (b), after “250” insert “ or 252A ”.

- (4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (d), after “250” insert “ or 252A ”.

#### Proceeds of Crime Act 2002 (c. 29)

##### 19

In section 70(5) of the Proceeds of Crime Act 2002 (duty to state whether committal would have been made on grounds other than confiscation), after “16(2)” insert “or [16A](#p00334)[(2)](#p00336)”.

In section 70(5) of the Proceeds of Crime Act 2002 (duty to state whether committal would have been made on grounds other than confiscation), after “16(2)” insert “ or 16A(2) ”.

#### Sexual Offences Act 2003 (c. 42)

##### 20

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), after “250” insert “, 252A”.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), after “250” insert “ , 252A ”.

#### Criminal Justice Act 2003 (c. 44)

@@ -2405,39 +2435,39 @@

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

- (2) In section 237(1)(b) (offender sentenced to youth detention to count as fixed-term prisoner), after “250” insert “, [252A](#p00154)”.

- (3) In section 240ZA(11) (time remanded in custody to count towards term of youth detention), after “250,” insert “[252A](#p00154),”.

- (2) In section 237(1)(b) (offender sentenced to youth detention to count as fixed-term prisoner), after “250” insert “ , 252A ”.

- (3) In section 240ZA(11) (time remanded in custody to count towards term of youth detention), after “250,” insert “ 252A, ”.

- (4) In section 247A (eligibility for release on licence of terrorist prisoners)—

- (a) in subsection (6), after “or under section” insert “[252A](#p00154),”;

- (b) in subsection (8), in the definition of “the appropriate custodial term”, and in paragraph (a) of the definition of “the requisite custodial period”, after “or under section” insert “[252A](#p00154),”.

- (a) in subsection (6), after “or under section” insert “ 252A, ”;

- (5) In section 250 (licence conditions)—

- (a) in subsection (4), after “250,” insert “[252A](#p00154),”;

- (b) in subsection (5A)(b), after “or under section” insert “[252A](#p00154),”.

- (6) In section 258(3A) (no duty to release fine defaulter or contemnor also serving term of youth detention), after “250” insert “, [252A](#p00154)”.

- (7) In section 263(4) (sentences of detention to which provision about concurrent terms applies), after “250,” insert “252A,”.

- (a) in subsection (4), after “250,” insert “ 252A, ”;

- (b) in subsection (5A)(b), after “or under section” insert “ 252A, ”.

- (6) In section 258(3A) (no duty to release fine defaulter or contemnor also serving term of youth detention), after “250” insert “ , 252A ”.

- (7) In section 263(4) (sentences of detention to which provision about concurrent terms applies), after “250,” insert “ 252A, ”.

- (8) In section 264 (consecutive sentences)—

- (a) in subsection (6A)(a), for “265” substitute “252A, 265”;

- (b) in subsection (7), after “250,” insert “252A,”.

- (9) In section 327(3) (sentences attracting risk assessment measures for sexual or violent offenders), in paragraph (b)(v), after “250” insert “or 252A”.

- (a) in subsection (6A)(a), for “265” substitute “ 252A, 265 ”;

- (b) in subsection (7), after “250,” insert “ 252A, ”.

- (9) In section 327(3) (sentences attracting risk assessment measures for sexual or violent offenders), in paragraph (b)(v), after “250” insert “ or 252A ”.

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

##### 22

In section 45(1) of the Domestic Violence, Crime and Victims Act 2004 (victims’ representations and information: interpretation), in the definition of “relevant sentence”, after “250” insert “or 252A”.

In section 45(1) of the Domestic Violence, Crime and Victims Act 2004 (victims' representations and information: interpretation), in the definition of “relevant sentence”, after “250” insert “ or 252A ”.

#### Armed Forces Act 2006 (c. 52)

@@ -2445,11 +2475,11 @@

- (1) The Armed Forces Act 2006 is amended as follows.

- (2) In section 188(4) (consecutive sentence may be passed on offender serving term of youth detention), in paragraph (b), after “250” insert “or [252A](#p00154)”.

- (3) In section 213(3A) (application of section 253 of the Sentencing Code), after “250” insert “or 252A”.

- (4) In section 227(3) (minimum sentence for certain firearms offences), after “250” insert “or 252A”.

- (2) In section 188(4) (consecutive sentence may be passed on offender serving term of youth detention), in paragraph (b), after “250” insert “ or 252A ”.

- (3) In section 213(3A) (application of section 253 of the Sentencing Code), after “250” insert “ or 252A ”.

- (4) In section 227(3) (minimum sentence for certain firearms offences), after “250” insert “ or 252A ”.

#### Offender Management Act 2007 (c. 21)

@@ -2462,7 +2492,7 @@

- (b) at the end of that paragraph insert

> or

> (g) a sentence of detention under section [252A](#p00154) of the Sentencing Code.

> (g) a sentence of detention under section 252A of the Sentencing Code.

#### Counter-Terrorism Act 2008 (c. 28)

@@ -2484,81 +2514,81 @@

> (16A)

> (1) This section applies where—

> (a) on summary trial of an offence within section [252A](#p00154)[(1)(a)](#p00155) (terrorism offences attracting special sentence for offenders of particular concern), a person is convicted of the offence,

> (a) on summary trial of an offence within section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern), a person is convicted of the offence,

> (b) the person is aged under 18 at the time of conviction, and

> (c) the court is of the opinion that—

> (i) the offence, or

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

> was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section [252A](#p00154) for a term of more than two years.

> was such that the Crown Court should have power to deal with the offender by imposing a sentence of detention under section 252A for a term of more than two years.

> (2) The court may commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 22(2).

> (3) For powers of the court, where it commits a person under subsection (2), also to commit in respect of other offences, see section 20.

- (3) In section 17(4) (power to commit dangerous young offender for sentence not to affect other powers of committal), after “16” insert “, [16A](#p00334)”.

- (3) In section 17(4) (power to commit dangerous young offender for sentence not to affect other powers of committal), after “16” insert “ , 16A ”.

- (4) In section 19 (committal for sentence on indication of guilty plea by child with related offences)—

- (a) in subsection (1)(b), at the end insert “or section [252A](#p00154)[(1)(a)](#p00155) (terrorism offences attracting special sentence for offenders of particular concern)”;

- (b) in subsection (2)(a), after “249(1)” insert “or within section [252A](#p00154)[(1)(a)](#p00155)”;

- (c) in subsection (3)(b), after “16(2)” insert “, [16A](#p00334)[(2)](#p00336)”.

- (a) in subsection (1)(b), at the end insert “ or section 252A(1)(a) (terrorism offences attracting special sentence for offenders of particular concern) ”;

- (b) in subsection (2)(a), after “249(1)” insert “ or within section 252A(1)(a) ”;

- (c) in subsection (3)(b), after “16(2)” insert “ , 16A(2) ”.

- (5) In section 22 (powers of Crown Court where offender aged under 18 committed for sentence)—

- (a) in the heading, after “16,” insert “[16A](#p00334),”;

- (a) in the heading, after “16,” insert “ 16A, ”;

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

> (aa) section [16A](#p00334)[(2)](#p00336) (committal for sentence of young offenders on summary trial of certain terrorist offences),

;

- (c) in subsection (4)(b), after “16(2)” insert “, [16A](#p00334)[(2)](#p00336)”.

> (aa) section 16A(2) (committal for sentence of young offenders on summary trial of certain terrorist offences),

;

- (c) in subsection (4)(b), after “16(2)” insert “ , 16A(2) ”.

- (6) In section 166(5) (periods of extension of driving disqualification order where custodial sentence imposed), after entry 1 in the table insert—

| 1A | a sentence of detention under section [252A](#p00154) (special sentence of detention for terrorist offenders of particular concern) | two-thirds of the term imposed pursuant to section [252A](#p00154)[(5)](#p00161) (the appropriate custodial term) |

| 1A | a sentence of detention under section 252A (special sentence of detention for terrorist offenders of particular concern) | two-thirds of the term imposed pursuant to section 252A(5) (the appropriate custodial term) |

| --- | --- | --- |

- (7) In section 221(2) (kinds of custodial sentence dealt with by Chapter 2 of Part 10), after paragraph (b) insert—

> (ba) special sentences of detention for terrorist offenders of particular concern (section [252A](#p00154));

> (ba) special sentences of detention for terrorist offenders of particular concern (section 252A);

- (8) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c), after sub-paragraph (i) insert—

> (ia) section [252A](#p00154),

- (9) In section 226(2)(b) (sentences which may not be imposed on offender aged under 21 without representation), after “(or 254)” insert “, under section [252A](#p00154)”.

> (ia) section 252A,

- (9) In section 226(2)(b) (sentences which may not be imposed on offender aged under 21 without representation), after “(or 254)” insert “ , under section 252A ”.

- (10) In section 234(1)(c) (sentences to be considered before detention and training order), after sub-paragraph (i) (but before the final “or”) insert—

> (ia) a sentence of detention under section [252A](#p00154),

> (ia) a sentence of detention under section 252A,

- (11) In section 241(6) (modification of order for release from detention and training order where offender subject to another sentence), in paragraph (b), after sub-paragraph (i) insert—

> (ia) a sentence of detention under section [252A](#p00154),

> (ia) a sentence of detention under section 252A,

- (12) In section 248(4) (meaning of “relevant sentence of detention”), after paragraph (a) insert—

> (aa) a sentence of detention under section [252A](#p00154),

- (13) In section 249(1) (availability of sentence of detention under section 250), after “table” insert “(but the court is not required to pass a sentence of detention under section [252A](#p00154))”.

- (14) Before section 253, insert as an italic heading, “Sentences of detention passed during detention and training order”.

- (15) In section 253 (effect of sentence of detention where offender already subject to detention and training order), in subsection (1), after “250” insert “or [252A](#p00154)”.

> (aa) a sentence of detention under section 252A,

- (13) In section 249(1) (availability of sentence of detention under section 250), after “table” insert “ (but the court is not required to pass a sentence of detention under section 252A) ”.

- (14) Before section 253, insert as an italic heading, “ Sentences of detention passed during detention and training order ”.

- (15) In section 253 (effect of sentence of detention where offender already subject to detention and training order), in subsection (1), after “250” insert “ or 252A ”.

- (16) In section 255(1)(a) (offences for which extended sentence of detention available), for sub-paragraph (ii) substitute—

@@ -2566,38 +2596,38 @@

- (17) In section 260 (place and conditions of detention), in the heading and in subsection (1), after “250” insert “, [252A](#p00154)”.

- (17) In section 260 (place and conditions of detention), in the heading and in subsection (1), after “250” insert “ , 252A ”.

- (18) In section 265 (special sentence of detention in young offender institution for offenders of particular concern), after subsection (3) insert—

> (4) 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 [(1A)](#p00162) to have been committed on the last of those days.

> (4) 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 (1A) to have been committed on the last of those days.

- (19) In section 278 (special sentence of imprisonment for offenders of particular concern), after subsection (3) insert—

> (4) 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 [(1A)](#p00163) to have been committed on the last of those days.

- (20) In section 311(3) (appropriate type of sentence where minimum sentence for firearms offence imposed), after “250” insert “or, in a case to which section [252A](#p00154) applies, under that section”.

- (20) In section 311(3) (appropriate type of sentence where minimum sentence for firearms offence imposed), after “250” insert “ or, in a case to which section 252A applies, under that section ”.

- (21) In section 312 (minimum sentence for threatening with weapon or bladed article), after subsection (3) insert—

> (4) This section is subject to section [252A](#p00154).

> (4) This section is subject to section 252A.

- (22) In section 315 (minimum sentence for repeat offence involving weapon or bladed article), after subsection (5) insert—

> (6) This section is subject to section [252A](#p00154).

- (23) In section 325(5) (sentences where certain time on bail to count towards term), in paragraph (c), after “section 250” insert “, [252A](#p00154)”.

- (24) In section 327(2) (sentences where time in custody awaiting extradition to count towards term), in paragraph (c), after “section 250” insert “, [252A](#p00154)”.

> (6) This section is subject to section 252A.

- (23) In section 325(5) (sentences where certain time on bail to count towards term), in paragraph (c), after “section 250” insert “ , 252A ”.

- (24) In section 327(2) (sentences where time in custody awaiting extradition to count towards term), in paragraph (c), after “section 250” insert “ , 252A ”.

- (25) In section 329 (conversion of sentences of detention to imprisonment)—

- (a) in subsection (3), for “(4) and” substitute “(4) to”;

- (a) in subsection (3), for “(4) and” substitute “ (4) to ”;

- (b) after subsection (4) insert—

> (4A) If the relevant custodial sentence is—

> (a) a sentence of detention under section [252A](#p00154), or

> (a) a sentence of detention under section 252A, or

> (b) a sentence of detention in a young offender institution under section 265,

> the offender is to be treated as if sentenced to a sentence of imprisonment under section 278.

@@ -2605,17 +2635,17 @@

- (c) in subsection (7), after paragraph (a) insert—

> (aa) a sentence of detention under section [252A](#p00154);

- (26) In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution), in paragraph (c), after “51” insert “, 51A”.

> (aa) a sentence of detention under section 252A;

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

- (a) after paragraph 51 insert—

> (51A) In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “18”.

> (51A) In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.

;

@@ -2627,14 +2657,14 @@

- (28) In Schedule 27 (transitional provision and savings), in paragraph 15(2), before paragraph (a) insert—

> (za) the reference in section [252A](#p00154)[(1)(c)(i)](#p00156) to a sentence of detention for life under section 250 includes a reference to a sentence of detention for life under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

> (zb) the reference in section [252A](#p00154)[(1)(c)(ii)](#p00157) to an extended sentence of detention under section 254 includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003;”.

> (za) the reference in section 252A(1)(c)(i) to a sentence of detention for life under section 250 includes a reference to a sentence of detention for life under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

> (zb) the reference in section 252A(1)(c)(ii) to an extended sentence of detention under section 254 includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003;”.

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

##### 27

In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991 (custodial sentences disapplying section 25 of the Children Act 1989), before “or 259” insert “, 252A”.

In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991 (custodial sentences disapplying section 25 of the Children Act 1989), before “or 259” insert “ , 252A ”.

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

@@ -2642,33 +2672,33 @@

In article 4(2) of the Youth Justice Board for England and Wales Order 2000 (functions exercisable by the Youth Justice Board concurrently with the Secretary of State)—

- (a) in paragraph (a), before “or 259” insert “, 252A”;

- (b) in paragraph (m)(ii), before “or 259” insert “, 252A”.

- (a) in paragraph (a), before “or 259” insert “ , 252A ”;

- (b) in paragraph (m)(ii), before “or 259” insert “ , 252A ”.

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

##### 29

In regulation 1(3) of the Child Benefit (General) Regulations 2006 (interpretation of Regulations), in paragraph (a) of the definition of “penalty”, after “250,” insert “252A,”.

In regulation 1(3) of the Child Benefit (General) Regulations 2006 (interpretation of Regulations), in paragraph (a) of the definition of “penalty”, after “250,” insert “ 252A, ”.

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

##### 30

In regulation 160(5) of the Employment and Support Allowance Regulations 2008 (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after “250” insert “, 252A”.

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

##### 31

In regulation 96(6) of the Employment and Support Allowance Regulations 2013 (exceptions from disqualification for imprisonment: interpretation), in paragraph (c), after “250” insert “, 252A”.

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

##### 32

In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations 2015 (sentences of detention disapplying section 119 of the Social Services and Well-being (Wales) Act 2014), after “250” insert “, 252A”.

## PART 5 — Amendments in relation to sentencing under service law

@@ -2678,9 +2708,9 @@

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 209” insert “or 224B”;

- (b) in subsection (8), in paragraph (f) of the definition of “custodial sentence”, after “209” insert “or 224B”.

- (a) in subsection (1)(d), after “or section 209” insert “ or 224B ”;

- (b) in subsection (8), in paragraph (f) of the definition of “custodial sentence”, after “209” insert “ or 224B ”.

##### 34

@@ -2688,17 +2718,17 @@

- (2) In section 5 (rehabilitation periods for particular sentences)—

- (a) in subsection (1)(d), after “or section 209” insert “or 224B”;

- (b) in subsection (2F)(a)(ii), after “209” insert “or 224B”.

- (3) In section 5B (Table B – disclosure periods: service disciplinary cases), in the sixth entry of Table B, after “209” insert “or 224B”.

- (a) in subsection (1)(d), after “or section 209” insert “ or 224B ”;

- (b) in subsection (2F)(a)(ii), after “209” insert “ or 224B ”.

- (3) In section 5B (Table B – disclosure periods: service disciplinary cases), in the sixth entry of Table B, after “209” insert “ or 224B ”.

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

##### 35

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in each of the following places, after “209” insert “or 224B”—

- (a) paragraph (1)(e);

@@ -2710,7 +2740,7 @@

##### 36

In section 32(1A) of the Criminal Justice Act 1982 (sentences excluded from early release of prisoners to make the best use of the places available for detention), in paragraph (ca) (inserted by Part 2 of this Schedule), at the end insert “, including a sentence passed as a result of section 219ZA of the Armed Forces Act 2006”.

In section 32(1A) of the Criminal Justice Act 1982 (sentences excluded from early release of prisoners to make the best use of the places available for detention), in paragraph (ca) (inserted by Part 2 of this Schedule), at the end insert “ , including a sentence passed as a result of section 219ZA of the Armed Forces Act 2006 ”.

#### Crime and Disorder Act 1998 (c. 37)

@@ -2718,9 +2748,9 @@

- (1) The Crime and Disorder Act 1998 is amended as follows.

- (2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), for “or 222” substitute “, 222 or 224B”.

- (3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), for “or 222” substitute “, 222 or 224B”.

- (2) In section 38(4) (youth justice services to be provided by local authorities), in paragraph (i), for “or 222” substitute “ , 222 or 224B ”.

- (3) In section 41(5)(i) (accommodation that may be provided under agreement with the Youth Justice Board), in sub-paragraph (ii), for “or 222” substitute “ , 222 or 224B ”.

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

@@ -2728,19 +2758,19 @@

- (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

- (2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (g), for “or 218” substitute “, 218 or 224B”.

- (3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (c), after “209” insert “or 224B”.

- (4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (g), for “or 218” substitute “, 218 or 224B”.

- (5) In section 64A(8) (power to require attendance at drug testing appointment: interpretation), in paragraph (f) of the definition of “sentence of imprisonment”, after “209” insert “or 224B”.

- (2) In section 62(5) (sentences in relation to which electronic monitoring conditions may be imposed on release), in paragraph (g), for “or 218” substitute “ , 218 or 224B ”.

- (3) In section 62A(4) (exceptions from power to require imposition of electronic monitoring condition), in paragraph (c), after “209” insert “ or 224B ”.

- (4) In section 64(5) (sentences in relation to which drug testing requirement may be imposed on release), in paragraph (g), for “or 218” substitute “ , 218 or 224B ”.

#### Sexual Offences Act 2003 (c. 42)

##### 39

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), for “or 218” substitute “, 218 or 224B”.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), for “or 218” substitute “ , 218 or 224B ”.

#### Criminal Justice Act 2003 (c. 44)

@@ -2761,17 +2791,17 @@

- (1) The Armed Forces Act 2006 is amended as follows.

- (2) In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after “209” insert “or 224B”.

- (2) In section 188 (power to pass consecutive custodial sentences), in subsections (2)(b) and (4)(b), after “209” insert “ or 224B ”.

- (3) In section 209 (sentence of detention for offender aged under 18), after subsection (7) insert—

> (8) This section does not apply if the Court Martial is required to impose a sentence of detention under section 224B.

- (4) In section 210 (place and conditions of youth detention), after “209”, in each place it occurs (including in the heading), insert “or 224B”.

- (5) In section 211(4) (cases in which detention and training order not required), after “221A” insert “, 224B”.

- (6) In section 213(3A) (as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after “209” insert “or 224B”.

- (4) In section 210 (place and conditions of youth detention), after “209”, in each place it occurs (including in the heading), insert “ or 224B ”.

- (5) In section 211(4) (cases in which detention and training order not required), after “221A” insert “ , 224B ”.

- (6) In section 213(3A) (as amended by Part 4 of this Schedule) (application of section 253 of the Sentencing Code), after “209” insert “ or 224B ”.

- (7) In section 219A(1) (availability of extended sentence for certain violent, sexual or terrorism offences), after paragraph (d) (but before the final “and”) insert—

@@ -2785,7 +2815,7 @@

- (a) after subsection (1) insert—

> (1A) “The required opinion” for the purposes of section 219ZA is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

> (1A) “*The required opinion*” for the purposes of section 219ZA is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of—

> (a) further serious terrorism offences or other specified offences; or

> (b) further acts or omissions that would be serious terrorism offences or other specified offences if committed in England or Wales.

@@ -2793,7 +2823,7 @@

- (b) in subsection (4), after the definition of “serious harm” insert—

> - “serious terrorism offence” has the meaning given by that section;

> “*serious terrorism offence*” has the meaning given by that section;

@@ -2830,17 +2860,17 @@

;

- (c) in paragraph (b), for “(1)” substitute “(5)(b)”.

- (12) In section 246 (crediting of time in custody), in subsection (6)(a), after “209” insert “or 224B”.

- (13) In section 256(1)(c) (cases where pre-sentence report to be considered), after “219(1),” insert “219ZA(1)(d),”.

- (c) in paragraph (b), for “(1)” substitute “ (5)(b) ”.

- (12) In section 246 (crediting of time in custody), in subsection (6)(a), after “209” insert “ or 224B ”.

- (13) In section 256(1)(c) (cases where pre-sentence report to be considered), after “219(1),” insert “ 219ZA(1)(d), ”.

- (14) In section 260 (discretionary custodial sentences: general restrictions) —

- (a) in subsection (1)—

- (i) for “This section applies” substitute “Subsection (2) applies”;

- (i) for “This section applies” substitute “ Subsection (2) applies ”;

- (ii) after paragraph (c) insert—

@@ -2865,9 +2895,9 @@

- (a) after subsection (2) insert—

> (2A) In subsection (4A)—

> (a) paragraph (a) has effect as if, for “252A”, there were substituted “224B of the Armed Forces Act 2006”;

> (b) paragraph (b) has effect as if, after “265”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”;

> (c) the words after paragraph (b) have effect as if, after “278”, there were inserted “passed as a result of section 224A of the Armed Forces Act 2006”.

> (a) paragraph (a) has effect as if, for “252A”, there were substituted “ 224B of the Armed Forces Act 2006 ”;

> (b) paragraph (b) has effect as if, after “265”, there were inserted “ passed as a result of section 224A of the Armed Forces Act 2006 ”;

> (c) the words after paragraph (b) have effect as if, after “278”, there were inserted “ passed as a result of section 224A of the Armed Forces Act 2006 ”.

;

@@ -2891,13 +2921,13 @@

- (17) In section 374 (interpretation of Act), in the definition of “custodial sentence”, in paragraph (b), for “or 221A” substitute “, 221A or 224B”.

- (17) In section 374 (interpretation of Act), in the definition of “custodial sentence”, in paragraph (b), for “or 221A” substitute “ , 221A or 224B ”.

#### Counter-Terrorism Act 2008 (c. 28)

##### 42

In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act 2008 (service sentences of youth detention attracting notification requirements for terrorist offenders), after “209” insert “or 224B”.

#### Sentencing Act 2020 (c. 17)

@@ -2905,11 +2935,11 @@

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

- (2) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert “or 224B”.

- (3) In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert “or 224B”.

- (4) In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert “or 224B”.

- (2) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert “ or 224B ”.

- (3) In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert “ or 224B ”.

- (4) In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert “ or 224B ”.

- (5) In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution), after subsection (2) insert—

@@ -2938,7 +2968,7 @@

- (c) in paragraph 15(a) (amendments of section 224A of the 2006 Act), after paragraph (ii) insert—

> (iii) in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”;

> (iii) in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute “ imprisonment under section 282A ”;

;

@@ -2995,7 +3025,7 @@

> (24A) In section 304C (to be inserted by the Armed Forces Act 2016: reduction in sentence), in subsection (5A)—

> (a) omit “268C(2) or”;

> (b) for “section 219ZA(5) to (8)” substitute “section 219ZA(8)”.

> (b) for “section 219ZA(5) to (8)” substitute “ section 219ZA(8) ”.

- (8) In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from “, the reference” to the end substitute

@@ -3009,7 +3039,7 @@

##### 44

In section 106A(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (Parole Board directions when detention and training order to take effect on release from sentence of detention), after “under that section” insert “or paragraph”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Criminal Justice Act 2003 (c. 44)

@@ -3021,7 +3051,7 @@

- (a) in subsection (2)—

- (i) in the words before paragraph (a), for “whether it was committed before or after this section comes into force” substitute “whenever it was committed”;

- (i) in the words before paragraph (a), for “whether it was committed before or after this section comes into force” substitute “ whenever it was committed ”;

- (ii) for paragraphs (b) and (c) substitute—

@@ -3043,19 +3073,19 @@

- (c) in subsection (8), in the final definition, for “, “corresponding civil offence” and “service court”” substitute “and “corresponding civil offence””;

- (d) in subsection (9) (transitional provision for pre-commencement referrals of terrorist prisoners), in paragraph (a), for “sentence” substitute “period”;

- (d) in subsection (9) (transitional provision for pre-commencement referrals of terrorist prisoners), in paragraph (a), for “sentence” substitute “ period ”;

- (e) after subsection (10) insert—

> (10A) In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph [45](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/45/enacted) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.

> (10A) In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.

- (3) In section 250 (licence conditions)—

- (a) in subsection (5A), in each of paragraphs (a) and (b), after “a prisoner” insert “, other than a terrorist prisoner,”;

- (a) in subsection (5A), in each of paragraphs (a) and (b), after “a prisoner” insert “ , other than a terrorist prisoner, ”;

- (b) after subsection (5A) insert—

> (5AA) Subsection (5B) also applies to a licence granted, either on initial release or after recall to prison, to a terrorist prisoner in a case where the licence is granted following a direction of the Board for the prisoner’s release.

;

@@ -3063,7 +3093,7 @@

- (d) after subsection (8) insert—

> (9) In this section “terrorist prisoner” means a prisoner to whom section 247A applies, or would apply but for the prisoner’s having been released on licence.

> (9) In this section “*terrorist prisoner*” means a prisoner to whom section 247A applies, or would apply but for the prisoner's having been released on licence.

- (4) In section 264(6A) (custodial periods to be aggregated in case of consecutive terms served by terrorist prisoner)—

@@ -3073,9 +3103,9 @@

;

- (b) in paragraph (a), after “extended sentence” insert “(not being one to which paragraph [(za)](#p00348) applies)”.

- (5) In section 264AA(2) (Parole Board directions when detention and training order to take effect on release from sentence of detention), after “under that section” insert “or paragraph”.

- (b) in paragraph (a), after “extended sentence” insert “ (not being one to which paragraph (za) applies) ”.

- (5) In section 264AA(2) (Parole Board directions when detention and training order to take effect on release from sentence of detention), after “under that section” insert “ or paragraph ”.

- (6) In Schedule 19ZA (offences carrying restricted eligibility for release on licence), omit Part 2.

@@ -3085,17 +3115,17 @@

In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to alter test for discretionary release on licence)—

- (a) in subsection (2), in paragraphs (bb) and (c), after “terrorist prisoner” insert “eligible for discretionary release”;

- (a) in subsection (2), in paragraphs (bb) and (c), after “terrorist prisoner” insert “ eligible for discretionary release ”;

- (b) in subsection (6)—

- (i) in the definitions of “extended sentence prisoner” and “section 236A prisoner”, for “a terrorist prisoner” substitute “one to whom section 247A of the Criminal Justice Act 2003 applies”;

- (i) in the definitions of “extended sentence prisoner” and “section 236A prisoner”, for “a terrorist prisoner” substitute “ one to whom section 247A of the Criminal Justice Act 2003 applies ”;

- (ii) in the definition of “terrorist prisoner”—

- (a) after “terrorist prisoner” insert “eligible for discretionary release”;

- (b) after “247A” insert “(3) to (5)”.

- (a) after “terrorist prisoner” insert “ eligible for discretionary release ”;

- (b) after “247A” insert “ (3) to (5) ”.

## PART 7 — Consequential and related amendments: Scotland

@@ -3103,7 +3133,7 @@

##### 47

In section 6A(1)(d) of the Social Work (Scotland) Act 1968 (inquiries into detention of children under certain enactments), after “44” insert “, 205ZC(5)”.

In section 6A(1)(d) of the Social Work (Scotland) Act 1968 (inquiries into detention of children under certain enactments), after “44” insert “ , 205ZC(5) ”.

#### Rehabilitation of Offenders Act 1974 (c. 53)

@@ -3111,23 +3141,23 @@

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), in subsection (1)(d)—

- (a) for “Act 1975” substitute “Act 1995”;

- (b) for the words from “section 206” to the end substitute “section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995;”.

- (a) for “Act 1975” substitute “ Act 1995 ”;

- (b) for the words from “section 206” to the end substitute “ section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995; ”.

##### 49

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

- (a) in subsection (1)(da), after “section” insert “205ZA(6) (serious terrorism sentence for young offenders), 205ZC(4) or (5) (terrorism sentence for young offenders or children),”;

- (b) in subsection (12), in paragraph (b) of the definition of “custodial sentence”, after “44,” insert “205ZA(6), 205ZC(4) or (5),”.

- (a) in subsection (1)(da), after “section” insert “ 205ZA(6) (serious terrorism sentence for young offenders), 205ZC(4) or (5) (terrorism sentence for young offenders or children), ”;

- (b) in subsection (12), in paragraph (b) of the definition of “custodial sentence”, after “44,” insert “ 205ZA(6), 205ZC(4) or (5), ”.

#### Repatriation of Prisoners Act 1984 (c. 47)

##### 50

In section 2(4)(b)(ii) of the Repatriation of Prisoners Act 1984 (provision that may be included in direction varying order requiring certain prisoners to be detained), after “or (4),” insert “1AB,”.

#### Prisons (Scotland) Act 1989 (c. 45)

@@ -3139,14 +3169,14 @@

- (a) after “above to” insert—

> (a) a prisoner subject to a sentence under section 205ZA or 205ZC of the 1995 Act (sentences for terrorism offences), the reference to the prisoner’s sentence is to be construed as a reference to the appropriate custodial term of the sentence concerned, and

> (a) a prisoner subject to a sentence under section 205ZA or 205ZC of the 1995 Act (sentences for terrorism offences), the reference to the prisoner's sentence is to be construed as a reference to the appropriate custodial term of the sentence concerned, and

> (b)

;

- (b) for “the 1995” substitute “that”.

- (3) In section 40(3)(a) (arrest of absent prisoners: application of section to persons sentenced or ordered to be detained under certain provisions of the 1995 Act), after “205” insert “, 205ZC(5)”.

- (b) for “the 1995” substitute “ that ”.

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

@@ -3156,9 +3186,9 @@

- (2) In section 1 (release of short-term, long-term and life prisoners)—

- (a) in subsection (3A), for “section 1A” substitute “sections 1A and 1B”;

- (b) in subsection (9), after “applies” insert “to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2)”.

- (a) in subsection (3A), for “section 1A” substitute “ sections 1A and 1B ”;

- (b) in subsection (9), after “applies” insert “ to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2) ”.

- (3) In section 1AA (release of certain sexual offenders), for subsection (9) substitute—

@@ -3168,7 +3198,7 @@

- (a) in subsection (2)—

- (i) in the words before paragraph (a), for “whether it was committed before or after this section comes into force” substitute “whenever it was committed”;

- (i) in the words before paragraph (a), for “whether it was committed before or after this section comes into force” substitute “ whenever it was committed ”;

- (ii) for paragraphs (b) and (c) substitute—

@@ -3191,7 +3221,7 @@

- (c) in subsection (6), for “, “corresponding civil offence” and “service court”” substitute “and “corresponding civil offence””.

- (5) In the heading of section 1A, after “to” insert “certain”.

- (5) In the heading of section 1A, after “to” insert “ certain ”.

- (6) After section 1A insert—

@@ -3200,13 +3230,13 @@

> (a) a prisoner has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other,

> (b) one or more of the sentences (the “terrorism sentence”) was imposed in respect of an offence within section 1AB(2), and

> (c) the sentences were imposed on the same occasion or, where they were imposed on different occasions, the prisoner has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

> (2) If the prisoner is serving a terrorism sentence and a sentence imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”), the terrorism sentence is to be served (or, where subsection [(7)](#p00363) applies, treated as being served) after the non-terrorism sentence irrespective of when the sentences were imposed.

> (3) Where subsection [(2)](#p00361) applies, the prisoner is to be taken to begin serving the custodial part of the terrorism sentence (or first such sentence) as soon as the prisoner has served the custodial part of the non-terrorism sentence.

> (2) If the prisoner is serving a terrorism sentence and a sentence imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”), the terrorism sentence is to be served (or, where subsection (7) applies, treated as being served) after the non-terrorism sentence irrespective of when the sentences were imposed.

> (3) Where subsection (2) applies, the prisoner is to be taken to begin serving the custodial part of the terrorism sentence (or first such sentence) as soon as the prisoner has served the custodial part of the non-terrorism sentence.

> (4) If (but for this section) the prisoner would have been released on licence under this Part in respect of a non-terrorism sentence, the period during which the prisoner would have been on licence under this Part is to be served concurrently with the custodial part of the terrorism sentence.

> (5) The prisoner may not be released under this Part in respect of the terrorism sentence unless and until the prisoner has served the aggregate of—

> (a) if the prisoner is serving a non-terrorism sentence, the custodial part of the sentence, and

> (b) the custodial part of each terrorism sentence that the prisoner is serving.

> (6) Subsection [(7)](#p00363) applies where—

> (6) Subsection (7) applies where—

> (a) a non-terrorism sentence is imposed on the prisoner (the “new sentence”), and

> (b) the prisoner has already served part of the custodial part of a terrorism sentence (the “served part”).

> (7) The prisoner is to be treated as having served—

@@ -3217,47 +3247,47 @@

> (ii) so much of the custodial part of the terrorism sentence as is equal to the amount by which the served part exceeds the custodial part of the new sentence.

> (8) Nothing in this Part requires—

> (a) the Scottish Ministers to release the prisoner in respect of any of the terms of imprisonment unless and until they are required to release the prisoner in respect of each of the other terms of imprisonment,

> (b) the Scottish Ministers or the Parole Board to consider the prisoner’s release in respect of any of the terms of imprisonment unless and until the Ministers are or the Board is required to consider the prisoner’s release, or the Ministers are required to release the prisoner, in respect of each of the other terms.

> (9) If the prisoner is released on licence under this Part the prisoner is to be on licence, on and after the release, until the prisoner would, but for the release, have served a term equal in length to the aggregate length of the term of imprisonment of any non-terrorism sentence and the term or, as the case may be, terms of imprisonment for the terrorism sentence or sentences less the period mentioned in subsection [(10)](#p00364).

> (b) the Scottish Ministers or the Parole Board to consider the prisoner's release in respect of any of the terms of imprisonment unless and until the Ministers are or the Board is required to consider the prisoner's release, or the Ministers are required to release the prisoner, in respect of each of the other terms.

> (10) The period is—

> (a) any period served concurrently in accordance with subsection [(4)](#p00362), and

> (a) any period served concurrently in accordance with subsection (4), and

> (b) if (but for this section) the prisoner would have been released unconditionally under section 1(1) in respect of a non-terrorism sentence, the period equal to one-half of the term of that sentence.

> (11) Where a prisoner to which this section applies is released on licence under this Part (other than a licence under section 3AA), the release is to be on a single licence which is to be subject to such conditions as may be specified or required by this Part in relation to all the sentences in respect of which the prisoner has been so released.

> (12) In this section “custodial part”, in relation to a term of imprisonment means a period equal to the part of the term that (but for this section) the prisoner would be required to serve before—

> (12) In this section “*custodial part*”, in relation to a term of imprisonment means a period equal to the part of the term that (but for this section) the prisoner would be required to serve before—

> (a) the Scottish Ministers are required to release the prisoner under this Part, or

> (b) the Parole Board is first entitled under this Part to make a recommendation that the prisoner be released on licence under this Part.

> (13) In this section—

> (a) references to a non-terrorism sentence include references to two or more such sentences that are treated as a single term by virtue of section 27(5) (whether imposed before, after or both before and after a terrorism sentence), and

> (b) where subsection [(7)](#p00363) applies, the references in that subsection to the “custodial part of the new sentence” include references to the custodial part of the single term.

> (b) where subsection (7) applies, the references in that subsection to the “custodial part of the new sentence” include references to the custodial part of the single term.

> (14) This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day.

- (7) In section 2 (duty to release discretionary life prisoners)—

- (a) in subsection (2)—

- (i) in the opening words, after “being” insert “, subject to section 205ZB(2) of the 1995 Act,”;

- (ii) in paragraph (c), after “appropriate” insert “(and except in the case of a prisoner to whom section 205ZB of the 1995 Act applies)”;

- (b) in subsection (6), for “subsection (7)” substitute “subsections (6B) and (7)”;

- (i) in the opening words, after “being” insert “ , subject to section 205ZB(2) of the 1995 Act, ”;

- (ii) in paragraph (c), after “appropriate” insert “ (and except in the case of a prisoner to whom section 205ZB of the 1995 Act applies) ”;

- (b) in subsection (6), for “subsection (7)” substitute “ subsections (6B) and (7) ”;

- (c) after subsection (6A) insert—

> (6B) No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment in respect of an offence within section 1AB(2)—

> (a) in the case of a prisoner to whom section 1AB(3) applies, before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3), or

> (a) in the case of a prisoner to whom section 1AB(3) applies, before the day on which the Scottish Ministers are required to refer the prisoner's case to the Parole Board under section 1AB(3), or

> (b) in the case of a prisoner to whom section 1AB(3) does not apply by virtue of section 1AB(2A), before the day on which the Scottish Ministers are required to release the prisoner under section 26ZA(5).

;

- (d) in subsection (7), after “prisoner” insert “(other than a prisoner to whom subsection (6B) applies)”.

- (8) In section 2B(1) (punishment part for life prisoners: assessment under section 2A(1)(a) and (b)), at the beginning insert “Subject to section 205ZB(2) of the 1995 Act,”.

- (d) in subsection (7), after “prisoner” insert “ (other than a prisoner to whom subsection (6B) applies) ”.

- (8) In section 2B(1) (punishment part for life prisoners: assessment under section 2A(1)(a) and (b)), at the beginning insert “ Subject to section 205ZB(2) of the 1995 Act, ”.

- (9) In section 3A (re-release of prisoners serving extended sentences)—

- (a) in the heading, after “serving” insert “certain terrorism sentences and”;

- (b) in subsection (1), for the words from “an” to “sentences)” substitute “a sentence mentioned in subsection (1ZA)”;

- (a) in the heading, after “serving” insert “ certain terrorism sentences and ”;

- (b) in subsection (1), for the words from “an” to “sentences)” substitute “ a sentence mentioned in subsection (1ZA) ”;

- (c) after subsection (1) insert—

@@ -3268,7 +3298,7 @@

;

- (d) in subsection (3), after “term with” insert “the sentence under section 205ZA or, as the case may be, section 205ZC or”;

- (d) in subsection (3), after “term with” insert “ the sentence under section 205ZA or, as the case may be, section 205ZC or ”;

- (e) in subsection (4), for the words from “if” to the end substitute—

@@ -3290,23 +3320,23 @@

- (10) In section 3B (review of decisions as to determinate sentences)—

- (a) in subsection (1)(a), after “from” insert “a sentence imposed under section 205ZC of the 1995 Act or”;

- (a) in subsection (1)(a), after “from” insert “ a sentence imposed under section 205ZC of the 1995 Act or ”;

- (b) in subsection (1)(b)—

- (i) after “serving” insert “a sentence imposed under section 205ZC of the 1995 Act or”;

- (ii) after “sentence”, in the second place it occurs, insert “or extended sentence”;

- (c) in subsection (4)(b), after “relates to” insert “a sentence imposed under section 205ZC of the 1995 Act or”.

- (i) after “serving” insert “ a sentence imposed under section 205ZC of the 1995 Act or ”;

- (ii) after “sentence”, in the second place it occurs, insert “ or extended sentence ”;

- (c) in subsection (4)(b), after “relates to” insert “ a sentence imposed under section 205ZC of the 1995 Act or ”.

- (11) In section 5 (application of Part to fine defaulters and persons in contempt of court)—

- (a) in subsection (2), for “subsection (2A)” substitute “section 1B”;

- (a) in subsection (2), for “subsection (2A)” substitute “ section 1B ”;

- (b) omit subsection (2A);

- (c) in subsection (4), after “1A” insert “, 1B”.

- (c) in subsection (4), after “1A” insert “ , 1B ”.

- (12) In section 6(1) (application of Act to young offenders and to children detained without limit of time), for paragraph (a) substitute—

@@ -3322,19 +3352,19 @@

- (a) in subsection (3)—

- (i) after “(2) above” insert “or, as the case may be, section 1AB(4) or 26ZA(5)(a)”;

- (ii) after “sentence)” insert “or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires”;

- (iii) after “so elapses” insert “or, as the case may be, the sentence under section 205ZC(5) expires”;

- (i) after “(2) above” insert “ or, as the case may be, section 1AB(4) or 26ZA(5)(a) ”;

- (ii) after “sentence)” insert “ or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires ”;

- (iii) after “so elapses” insert “ or, as the case may be, the sentence under section 205ZC(5) expires ”;

- (b) in subsection (5)(a)—

- (i) for “and 20(2)” substitute “, 20(2) and 26ZA”;

- (ii) for “detained under section 208 of the 1995” substitute “on whom detention has been imposed under section 205ZC(5) of the 1995 Act and children detained under section 208 of that”;

- (iii) at the end (but before the final “and”) insert “(but subject to the modifications of section 26ZA in subsection (5A))”;

- (i) for “and 20(2)” substitute “ , 20(2) and 26ZA ”;

- (ii) for “detained under section 208 of the 1995” substitute “ on whom detention has been imposed under section 205ZC(5) of the 1995 Act and children detained under section 208 of that ”;

- (iii) at the end (but before the final “and”) insert “ (but subject to the modifications of section 26ZA in subsection (5A)) ”;

- (c) in subsection (5), after paragraph (a) (but before the final “and”) insert—

@@ -3342,7 +3372,7 @@

;

- (d) in subsection (5)(b), after “1A” insert “, 1B”;

- (d) in subsection (5)(b), after “1A” insert “ , 1B ”;

- (e) after subsection (5) insert—

@@ -3354,9 +3384,9 @@

- (f) in subsection (8)—

- (i) for “subsection (5)” substitute “subsections (2) and (3) to (7)”;

- (ii) after “applies” insert “to the extent that detention is imposed on the person under section 205ZC(5) of the 1995 Act.”;

- (i) for “subsection (5)” substitute “ subsections (2) and (3) to (7) ”;

- (ii) after “applies” insert “ to the extent that detention is imposed on the person under section 205ZC(5) of the 1995 Act. ”;

- (g) after subsection (8) insert—

@@ -3366,21 +3396,21 @@

- (15) In section 26A (extended sentences: application of section)—

- (a) in subsection (1), after “sentences)” insert “other than an extended sentence imposed in respect of a terrorism offence.”;

- (b) in subsection (2), for “section 1A” substitute “sections 1A and 1B”;

- (c) in subsection (6), for “section 1A(c)” substitute “sections 1A(1)(c) and 1B(11)”.

- (a) in subsection (1), after “sentences)” insert “ other than an extended sentence imposed in respect of a terrorism offence. ”;

- (b) in subsection (2), for “section 1A” substitute “ sections 1A and 1B ”;

- (c) in subsection (6), for “section 1A(c)” substitute “ sections 1A(1)(c) and 1B(11) ”.

- (16) In section 27 (interpretation of Part 1 of the Act)—

- (a) in subsection (5), after “shall” insert “, subject to subsection [(5A)](#p00368),”;

- (a) in subsection (5), after “shall” insert “ , subject to subsection (5A), ”;

- (b) after subsection (5) insert—

> (5A) Subsection (5) does not apply in relation to a sentence passed on a person—

> (a) in respect of an offence within section 1AB(2), and

> (b) on or after the coming into force of paragraph [52(6)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/52/6/enacted) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021.

> (b) on or after the coming into force of paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021.

> (5B) In determining, for the purposes of subsection (5), whether a sentence passed on a person in respect of an offence (other than an offence within section 1AB(2)) is to be treated as part of a single term, any sentence passed on the person in respect of an offence within section 1AB(2) is to be ignored.

- (17) In Schedule 1A (offences carrying restricted eligibility for release on licence), omit Part 2.

@@ -3391,9 +3421,9 @@

- (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

- (2) In section 207(2) (detention of young offenders), after “205(2) and (3)” insert “, 205ZA(6), 205ZC(4)”.

- (3) In section 208(1) (detention of children convicted on indictment), for “section 205” substitute “sections 205 and 205ZC(5)”.

- (2) In section 207(2) (detention of young offenders), after “205(2) and (3)” insert “ , 205ZA(6), 205ZC(4) ”.

- (3) In section 208(1) (detention of children convicted on indictment), for “section 205” substitute “ sections 205 and 205ZC(5) ”.

- (4) In section 210A(1) (extended sentences for sex, violent and terrorist offenders)—

@@ -3412,13 +3442,13 @@

In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands)—

- (a) in each of paragraphs 10(2)(a) and 11(2)(a), after “1AA,” insert “1AB,”;

- (a) in each of paragraphs 10(2)(a) and 11(2)(a), after “1AA,” insert “ 1AB, ”;

- (b) in each of paragraphs 10(2)(a) and (5)(a) and 11(2)(a) and (4)(a)—

- (i) after “1A,” insert “1B,”;

- (ii) after “21,” insert “26ZA,”.

- (i) after “1A,” insert “ 1B, ”;

- (ii) after “21,” insert “ 26ZA, ”.

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

@@ -3426,17 +3456,17 @@

In section 24(c) of the International Criminal Court (Scotland) Act 2001 (disapplication of transfer and release provisions of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in relation to certain persons detained in Scotland)—

- (a) after “1AA,” insert “1AB,”;

- (b) after “1A,” insert “1B,”;

- (c) after “10” insert “, 26ZA”.

- (a) after “1AA,” insert “ 1AB, ”;

- (b) after “1A,” insert “ 1B, ”;

- (c) after “10” insert “ , 26ZA ”.

#### Extradition Act 2003 (c. 41)

##### 56

In each of the following provisions of the Extradition Act 2003 (which set out the circumstances in which a person is entitled to be released from detention for the purposes of the section), after “1AA” insert “, 1AB”—

- (a) section 59(11)(c),

@@ -3448,7 +3478,7 @@

##### 57

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), before “208” insert “205ZC(5) or”.

In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), before “208” insert “ 205ZC(5) or ”.

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

@@ -3480,19 +3510,19 @@

##### 61

In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (as amended by Part 9 of this Schedule) (length of custodial sentences to be reduced for periods already spent in custody), after “Article” insert “13A(6),”.

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

##### 62

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (as amended by Part 9 of this Schedule) (rehabilitation periods for particular sentences), in paragraph (9)(b), after “Article” insert “13A(6) or”.

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

##### 63

In Article 44(1A) of the Mental Health (Northern Ireland) Order 1986 (sentences requirement to impose which does not prevent making of hospital or guardianship order), in sub-paragraph (c), after “13” insert “, 13A”.

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

@@ -3500,15 +3530,15 @@

- (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

- (2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of “custodial sentence”, after “13(4)(b)” insert “, 13A(6)”.

- (3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), after “13” insert “, 13A”.

- (4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), after “13” insert “, 13A”.

- (5) In Article 13(1) (power to make community service order subject to sentencing requirements), after “13” insert “, 13A”.

- (6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), after “13” insert “, 13A”.

- (2) In Article 2(2) (meaning of expressions), in paragraph (b) of the definition of “custodial sentence”, after “13(4)(b)” insert “ , 13A(6) ”.

- (3) In Article 4(1) (power to grant absolute or condition discharge subject to certain sentencing requirements), after “13” insert “ , 13A ”.

- (4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), after “13” insert “ , 13A ”.

- (5) In Article 13(1) (power to make community service order subject to sentencing requirements), after “13” insert “ , 13A ”.

- (6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), after “13” insert “ , 13A ”.

#### Counter-Terrorism Act 2008 (c. 28)

@@ -3528,62 +3558,62 @@

- (2) In Article 3 (interpretation of Part 2 (sentencing)), in paragraph (1), after the definition of “serious harm” insert—

> - “serious terrorism sentence” has the meaning given by Article 13A;

> “*serious terrorism sentence*” has the meaning given by Article 13A;

- (3) In Article 4 (interpretation of Chapter 2 (custodial sentences))—

- (a) in paragraph (1) (as amended by Part [9](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/9/enacted) of this Schedule), in paragraph (c) of the definition of “custodial sentence”, after “13(4)(b),” insert “[13A](#p00103)[(6)](#p00110),”;

- (a) in paragraph (1) (as amended by Part 9 of this Schedule), in paragraph (c) of the definition of “custodial sentence”, after “13(4)(b),” insert “ 13A(6), ”;

- (b) in paragraph (2), after sub-paragraph (a) insert—

> (aa) a sentence falls to be imposed under Article [13A](#p00103) if, because the court is of the opinions mentioned in paragraphs [(1)(d)](#p00105) and [(3)](#p00107) of that Article and is not of the opinion mentioned in paragraph [(2)](#p00106) of that Article, the court is obliged to pass a sentence complying with that Article;

- (4) In Article 5(1)(b) (sentences not subject to general restriction on imposing custody), in paragraph (i), for “or 14” substitute “, [13A](#p00103) or 14”.

- (5) In Article 7(2) (as amended by Part [9](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/9/enacted) of this Schedule) (custodial term to be shortest commensurate with seriousness of offence), in paragraph (2), after “Articles” insert [13A](#p00103),”.

- (6) In Article 8(1)(a) (as amended by Part [9](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/9/enacted) of this Schedule) (setting of custodial period), after “other than” insert “a serious terrorism sentence,”.

- (7) In Article 9(2) (pre-sentence reports before forming opinion as to dangerousness), after “13(1)(b)” insert “, [13A](#p00103)[(1)(d)](#p00105)”.

- (8) In Article 13(3) (duty to impose indeterminate custodial sentence), in the words before paragraph (a), after “extended custodial sentence” insert “or a serious terrorism sentence”.

> (aa) a sentence falls to be imposed under Article 13A if, because the court is of the opinions mentioned in paragraphs (1)(d) and (3) of that Article and is not of the opinion mentioned in paragraph (2) of that Article, the court is obliged to pass a sentence complying with that Article;

- (4) In Article 5(1)(b) (sentences not subject to general restriction on imposing custody), in paragraph (i), for “or 14” substitute “ , 13A or 14 ”.

- (5) In Article 7(2) (as amended by Part 9 of this Schedule) (custodial term to be shortest commensurate with seriousness of offence), in paragraph (2), after “Articles” insert 13A,”.

- (6) In Article 8(1)(a) (as amended by Part 9 of this Schedule) (setting of custodial period), after “other than” insert “ a serious terrorism sentence, ”.

- (7) In Article 9(2) (pre-sentence reports before forming opinion as to dangerousness), after “13(1)(b)” insert “ , 13A(1)(d) ”.

- (8) In Article 13(3) (duty to impose indeterminate custodial sentence), in the words before paragraph (a), after “extended custodial sentence” insert “ or a serious terrorism sentence ”.

- (9) In Article 14 (extended custodial sentences)—

- (a) in paragraph (1)(b)—

- (i) at the end of paragraph (i), for “; and” substitute “or serious terrorism offences;”;

- (ii) in paragraph (ii), after “specified offence” insert “or serious terrorism offence”;

- (i) at the end of paragraph (i), for “; and” substitute “ or serious terrorism offences; ”;

- (ii) in paragraph (ii), after “specified offence” insert “ or serious terrorism offence ”;

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

> ; and

> (iii) where the offence, or an offence associated with it, is a serious terrorism offence, that the case is not one in which the court is required by Article [13A](#p00103) to pass a serious terrorism sentence.

;

- (b) in paragraphs (3)(b) and (5)(b), after “specified offences” insert “or serious terrorism offences”;

- (c) in paragraph (10), for the words from “that is” to the end substitute “with which the offence is punishable (apart from Article 13)”.

> (iii) where the offence, or an offence associated with it, is a serious terrorism offence, that the case is not one in which the court is required by Article 13A to pass a serious terrorism sentence.

;

- (b) in paragraphs (3)(b) and (5)(b), after “specified offences” insert “ or serious terrorism offences ”;

- (c) in paragraph (10), for the words from “that is” to the end substitute “ with which the offence is punishable (apart from Article 13) ”.

- (10) In Article 15(1) (cases where assessment of dangerousness required)—

- (a) in sub-paragraph (a), after “specified offence” insert “or serious terrorism offence”;

- (b) in sub-paragraph (b), after “13” insert “, [13A](#p00103)”.

- (11) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence” (as amended by Part [9](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/9/enacted) of this Schedule), after “13(4)(b),” insert “[13A](#p00103)[(6)](#p00110),”.

- (12) In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i) (as amended by Part [9](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/part/9/enacted) of this Schedule)—

- (a) after “in relation to” insert “a serious terrorism sentence,”;

- (b) after “Article” insert “[13A](#p00103),”.

- (a) in sub-paragraph (a), after “specified offence” insert “ or serious terrorism offence ”;

- (b) in sub-paragraph (b), after “13” insert “ , 13A ”.

- (11) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence” (as amended by Part 9 of this Schedule), after “13(4)(b),” insert “ 13A(6), ”.

- (12) In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i) (as amended by Part 9 of this Schedule)—

- (a) after “in relation to” insert “ a serious terrorism sentence, ”;

- (b) after “Article” insert “ 13A, ”.

## PART 9 — Terrorism sentence with fixed licence period: Northern Ireland

@@ -3591,13 +3621,13 @@

##### 67

In section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (length of custodial sentences to be reduced for periods already spent in custody), after “14(5)” insert “or 15A(5)”.

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

##### 68

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in paragraph (9)(b), after “centre” insert “, a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008”.

In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in paragraph (9)(b), after “centre” insert “ , a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008 ”.

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

@@ -3605,15 +3635,15 @@

- (1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

- (2) In Article 2(2) (meaning of expressions), in paragraph (b)(ii) of the definition of “custodial sentence”, for “or 14(5)” substitute “, 14(5) or 15A(5)”.

- (3) In Article 4(1) (power to grant absolute or conditional discharge subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”.

- (4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”.

- (5) In Article 13(1) (power to make community service order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”.

- (6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), for “or 14” substitute “, 14 or 15A”.

- (2) In Article 2(2) (meaning of expressions), in paragraph (b)(ii) of the definition of “custodial sentence”, for “or 14(5)” substitute “ , 14(5) or 15A(5) ”.

- (3) In Article 4(1) (power to grant absolute or conditional discharge subject to certain sentencing requirements), for “or 14” substitute “ , 14 or 15A ”.

- (4) In Article 10(1) (power to make probation order subject to certain sentencing requirements), for “or 14” substitute “ , 14 or 15A ”.

- (5) In Article 13(1) (power to make community service order subject to certain sentencing requirements), for “or 14” substitute “ , 14 or 15A ”.

- (6) In Article 15(1) (power to make combined probation and community service order subject to certain sentencing requirements), for “or 14” substitute “ , 14 or 15A ”.

#### Sexual Offences Act 2003 (c. 42)

@@ -3645,7 +3675,7 @@

- (a) in paragraph (1), before the definition of “community sentence” insert—

> - “Article [15A](#p00167) terrorism sentence” means a sentence under Article [15A](#p00167);

> “*Article 15A terrorism sentence*” means a sentence under Article 15A;

;

@@ -3655,11 +3685,11 @@

- (3) In Article 4 (interpretation of Chapter 2 (custodial sentences))—

- (a) in paragraph (1), in paragraph (c) of the definition of “custodial sentence”, for “or 14(5)” substitute “, 14(5) or [15A](#p00167)[(5)](#p00172)”;

- (a) in paragraph (1), in paragraph (c) of the definition of “custodial sentence”, for “or 14(5)” substitute “ , 14(5) or 15A(5) ”;

- (b) in paragraph (2), after sub-paragraph (b) insert—

> (ba) a sentence falls to be imposed under Article [15A](#p00167) if the court is obliged to pass a sentence complying with that Article;

> (ba) a sentence falls to be imposed under Article 15A if the court is obliged to pass a sentence complying with that Article;

@@ -3667,25 +3697,25 @@

- (a) in paragraph (1), after sub-paragraph (c) (but before the final “or”) insert—

> (ca) of detention under Article [15A](#p00167)[(5)](#p00172);

;

- (b) in paragraph (2), for “Article 14” substitute “Articles 14 and [15A](#p00167)”.

- (5) In Article 8(1)(a) (setting of custodial period), after “extended custodial sentence” insert “or an Article [15A](#p00167) terrorism sentence”.

- (6) In the heading of Chapter 3 of Part 2, at the end insert “and other terrorist offenders”.

- (7) In Article 14 (extended custodial sentences), in paragraph (4)(a), after “this Article” insert “and Article [15A](#p00167)”.

- (8) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence”, for “or 14(5)” substitute “, 14(5) or [15A](#p00167)[(5)](#p00172)”.

> (ca) of detention under Article 15A(5);

;

- (b) in paragraph (2), for “Article 14” substitute “ Articles 14 and 15A ”.

- (5) In Article 8(1)(a) (setting of custodial period), after “extended custodial sentence” insert “ or an Article 15A terrorism sentence ”.

- (6) In the heading of Chapter 3 of Part 2, at the end insert “ and other terrorist offenders ”.

- (7) In Article 14 (extended custodial sentences), in paragraph (4)(a), after “this Article” insert “ and Article 15A ”.

- (8) In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence”, for “or 14(5)” substitute “ , 14(5) or 15A(5) ”.

- (9) In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i)—

- (a) after “extended sentence” insert “or an Article [15A](#p00167) terrorism sentence”;

- (b) after “14” insert “or [15A](#p00167)”.

- (a) after “extended sentence” insert “ or an Article 15A terrorism sentence ”;

- (b) after “14” insert “ or 15A ”.

## PART 10 — Release on licence: Northern Ireland

@@ -3693,7 +3723,7 @@

##### 73

- (a) section 59(11)(d);

@@ -3714,9 +3744,9 @@

> (i) 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 but now subject to the provisions of this Chapter), or

> (ii) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence but now subject to the provisions of this Chapter), or

> (b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).

> (3B) In this Chapter “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

- (3) In Article 17(1) (duty to release fixed-term prisoners not serving extended sentences), for “a prisoner serving an extended custodial sentence” substitute “one to whom Article 18 or 20A applies”.

> (3B) In this Chapter “*service offence*” and “*corresponding civil offence*” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

- (4) In Article 18 (duty to release prisoners serving indeterminate or extended sentences), after paragraph (1) insert—

@@ -3728,19 +3758,19 @@

- (6) In Article 20(3) (consultation with Parole Commissioners before release of certain prisoners), for the words from “serving” to the end of sub-paragraph (b) substitute “to whom Article 18 or 20A applies”.

- (7) In Article 23(1) (power of court to recommend licence conditions), for “or 19” substitute “, 19 or 20A”.

- (8) In Article 24(5) (requirement to consult Parole Commissioners about licence conditions), in the words before sub-paragraph (a), after “18” insert “or 20A”.

- (7) In Article 23(1) (power of court to recommend licence conditions), for “or 19” substitute “ , 19 or 20A ”.

- (8) In Article 24(5) (requirement to consult Parole Commissioners about licence conditions), in the words before sub-paragraph (a), after “18” insert “ or 20A ”.

- (9) In Article 28 (recall of prisoners while on licence)—

- (a) in paragraph (1), for “or 20” substitute “, 20 or 20A”;

- (b) in paragraph (6)(a), after “extended custodial sentence” insert “and was not released under Article 20A”.

- (10) In Article 29 (further release after recall for certain prisoners), in paragraph (1)(a), after “extended custodial sentence” insert “or a prisoner to whom Article 20A applies”.

- (a) in paragraph (1), for “or 20” substitute “ , 20 or 20A ”;

- (b) in paragraph (6)(a), after “extended custodial sentence” insert “ and was not released under Article 20A ”.

- (10) In Article 29 (further release after recall for certain prisoners), in paragraph (1)(a), after “extended custodial sentence” insert “ or a prisoner to whom Article 20A applies ”.

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

@@ -3754,19 +3784,19 @@

- (2) In the case of a person—

- (a) who has been removed from prison under section 55(2) of the Justice Act (Northern Ireland) 2016 before the amendment made by sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2021/11/schedule/13/paragraph/75/1/enacted) comes into force, and

- (a) who has been removed from prison under section 55(2) of the Justice Act (Northern Ireland) 2016 before the amendment made by sub-paragraph (1) comes into force, and

- (b) to whom Article 20A of the Criminal Justice (Northern Ireland) Order 2008 applies,

subsection (3) of that section continues to apply to the person despite that amendment, but as if for the words “has served the requisite custodial period” there were substituted “becomes entitled to be released in accordance with Article 20A of the 2008 Order”.

subsection (3) of that section continues to apply to the person despite that amendment, but as if for the words “has served the requisite custodial period” there were substituted “ becomes entitled to be released in accordance with Article 20A of the 2008 Order ”.

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

##### 76

- (1) The Parole Commissioners’ Rules (Northern Ireland) 2009 are amended as follows.

- (2) In rule 2(1) (application of the rules), after “Articles 18” insert “, 20A”.

- (1) The Parole Commissioners' Rules (Northern Ireland) 2009 are amended as follows.

- (2) In rule 2(1) (application of the rules), after “Articles 18” insert “ , 20A ”.

- (3) In rule 7(2) (persons who may act as representatives of prisoner only with consent of Chief Commissioner), in paragraph (b), for the words from “sentenced to” to the end substitute

@@ -3778,9 +3808,9 @@

- (4) In rule 25 (application of rules to recalled life, indeterminate and extended custodial prisoners)—

- (a) in the heading after “custodial” insert “and terrorist”;

- (b) in the words before paragraph (a), for “an indeterminate custodial or extended custodial prisoner’s case” substitute “the case of a prisoner who was released on licence under Article 18 or 20A of the 2008 Order”.

- (a) in the heading after “custodial” insert “ and terrorist ”;

- (b) in the words before paragraph (a), for “an indeterminate custodial or extended custodial prisoner's case” substitute “ the case of a prisoner who was released on licence under Article 18 or 20A of the 2008 Order ”.

- (5) In rule 26 (short custodial terms)—

@@ -3790,7 +3820,7 @@

> (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;

> (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).

;

2021-04-29

Counter-Terrorism and Sentencing Act 2021

original version Text at this date