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Counter-Terrorism and Border Security Act 2019

Contents

Territorial extent and application

  1. Section 26 sets out the territorial extent of the Act, that is, the jurisdictions of which the provisions of the Act forms part of the law. The extent of the Act can be different from its application. Application is about where a provision of an Act produces a practical effect.
  2. Subject to a number of exceptions, the provisions of the Act extend and apply to England and Wales, Scotland and Northern Ireland. The provisions of the Act with a more limited territorial extent and/or application are as follows:
    • The extension to Northern Ireland of the provisions in section 30 of the 2008 Act which require a court to treat a terrorist connection as an aggravating factor when sentencing for a specified non-terrorist offence (Section 8(2) and (3)) – extends to the whole of the UK but applies to Northern Ireland only;
    • The addition of certain offences to the list of offences where a court is required to consider whether there is a terrorist connection (Section 8(5) and (6)) – extends to the whole of the UK but variously apply to England, Wales and Northern Ireland only, Scotland only or Northern Ireland only;
    • The amendments made to the provisions of the 2003 Act in respect of extended determinate sentences and sentences for offenders of particular concern (Section 9 and consequential amendments in Part 1 of Schedule 4) – extend and apply to England and Wales only;
    • The amendments made to the provisions of the 1995 Act in respect of extended sentences (Section 10) – extend and apply to Scotland only;
    • The amendments made to the provisions of the 2008 Order in respect of extended custodial sentences (Section 11), together with certain consequential amendments in Part 2 of Schedule 4 – extend and apply to Northern Ireland only;
    • The changes to the legislative framework governing the retention of fingerprints and DNA profiles - Schedule 2 amends seven enactments some of which extend and apply to England and Wales, Scotland or Northern Ireland only;
    • The amendments to the 1984 Act in respect of ATTROs (Section 15) – extend and apply to England and Wales and Scotland only;
    • Enabling local authorities to refer persons vulnerable to being drawn into terrorism to panels constituted under section 36 of the 2015 Act (Section 20) – extends and applies to England and Wales and Scotland only;
    • The amendments to the 1993 Act (Section 21) – extend and apply to England and Wales and Scotland only.
  3. Section 6 extends extra-territorial jurisdiction for the offences provided for by sections 12(1) and (1A) and section 13 of the 2000 Act, section 2 of the 2006 Act and section 4 of the Explosive Substances Act 1883 such that if an individual were to commit one of these offences in a foreign country, they would be liable under UK law in the same way as if they had committed the offence in the UK. Extra-territorial jurisdiction is limited in respect of the section 12(1) and (1A) and 13 offences to UK nationals and residents.
  4. Section 26(7) to (9) confers powers to extend the application of amendments made by the Act to the 2003 Act and 2006 Act to any of the Channel Islands or the Isle of Man, and those made to the 2011 Act to the Isle of Man, by Order in Council.

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