Criminal Justice Act 2003

Section 236A

[F1 SCHEDULE 18A E+W Sentence under section 236A: offences

Textual Amendments

F1 Sch. 18A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 4; S.I. 2015/778, art. 3, Sch. 1 para. 72

Terrorism offences E+W

1 E+W An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder) that has a terrorist connection.

2 E+W An offence under section 28 of that Act (causing bodily injury by explosives) that has a terrorist connection.

3 E+W An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm) that has a terrorist connection.

4 E+W An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to endanger life or property) that has a terrorist connection.

5 E+W An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) that has a terrorist connection.

6 E+W An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) that has a terrorist connection.

[F2 6A E+W An offence under section 11 of the Terrorism Act 2000 (membership of a proscribed organisation).

Textual Amendments

F2 Sch. 18A paras. 6A, 6B inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(a), 27(3) (with s. 25(3)(4))

6B E+W An offence under section 12 of that Act (inviting support for a proscribed organisation).]

Textual Amendments

F2 Sch. 18A paras. 6A, 6B inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(a), 27(3) (with s. 25(3)(4))

7 E+W An offence under section 54 of [F3 that Act] (weapons training).

Textual Amendments

F3 Words in Sch. 18A para. 7 substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 9(3)(a) (with s. 25(3)(4))

8 E+W An offence under section 56 of that Act (directing terrorist organisation).

9 E+W An offence under section 57 of that Act (possession of article for terrorist purposes).

[F4 9A E+W An offence under section 58 of that Act (collection of information likely to be of use to a terrorist).

Textual Amendments

F4 Sch. 18A paras. 9A-9C inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(b), 27(3) (with s. 25(3)(4))

9B E+W An offence under section 58A of that Act (publishing information about members of the armed forces etc).

Textual Amendments

F4 Sch. 18A paras. 9A-9C inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(b), 27(3) (with s. 25(3)(4))

9C E+W An offence under section 58B of that Act (entering or remaining in a designated area).]

Textual Amendments

F4 Sch. 18A paras. 9A-9C inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(b), 27(3) (with s. 25(3)(4))

10 E+W An offence under section 59 of that Act (inciting terrorism overseas).

11 E+W An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons).

12 E+W An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).

13 E+W An offence under section 113 of that Act (use of noxious substance or thing to cause harm or intimidate).

[F5 13A E+W An offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism).

Textual Amendments

F5 Sch. 18A paras. 13A, 13B inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(c), 27(3) (with s. 25(3)(4))

13B E+W An offence under section 2 of that Act (dissemination of terrorist publications).]

Textual Amendments

F5 Sch. 18A paras. 13A, 13B inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(c), 27(3) (with s. 25(3)(4))

14 E+W An offence under section 5 of [F6 that Act] (preparation of terrorist acts).

Textual Amendments

F6 Words in Sch. 18A para. 14 substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 9(3)(b) (with s. 25(3)(4))

15 E+W An offence under section 6 of that Act (training for terrorism).

[F7 15A E+W An offence under section 8 of that Act (attendance at a place used for terrorist training).]

Textual Amendments

F7 Sch. 18A para. 15A inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(6)(d), 27(3) (with s. 25(3)(4))

16 E+W An offence under section 9 of that Act (making or possession of radioactive device or material).

17 E+W An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes etc).

18 E+W An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc).

Sexual offences E+W

19 E+W An offence under section 5 of the Sexual Offences Act 2003 (rape of a child under 13).

20 E+W An offence under section 6 of that Act (assault of a child under 13 by penetration).

Accessories and inchoate offences E+W

21 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Schedule (a “relevant offence”). E+W

(2) An attempt to commit a relevant offence.

(3) Conspiracy to commit a relevant offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a relevant offence is the offence (or one of the offences) which the person intended or believed would be committed.

22 E+W An offence in the following list that has a terrorist connection—

(a) an attempt to commit murder,

(b) conspiracy to commit murder, and

(c) an offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

Abolished offences E+W

23 E+W An offence that—

(a) was abolished before the coming into force of section 236A, and

(b) if committed on the day on which the offender was convicted of the offence, would have constituted an offence specified in the preceding paragraphs of this Schedule.

Meaning of “terrorist connection” E+W

24 E+W For the purposes of this Schedule, an offence has a terrorist connection if a court has determined under section 30 of the Counter-Terrorism Act 2008 that the offence has such a connection.]

Modifications etc. (not altering text)

C1 Sch. 18A para. 24 modified by 2006 c. 52, s. 224A(4) (as inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 8; S.I 2015/778, art. 3, Sch. 1)