Search Legislation

Counter-Terrorism and Sentencing Act 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 11

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Counter-Terrorism and Sentencing Act 2021, Paragraph 11. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

This section has no associated Explanatory Notes

11(1)The Sentencing Act 2020 is amended as follows.U.K.

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

(a)after subsection (1) insert—

(1A)This section also applies where—

(a)on the summary trial of an offence specified in Schedule 17A triable either way a person is convicted of the offence, and

(b)the court is of the opinion that the circumstances are such that a serious terrorism sentence (see section 268A or 282A) may be required to be imposed.;

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

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

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

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

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

(b)after subsection (2) insert—

Serious terrorism sentence: determination of appropriate custodial term

(2A)Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.

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

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

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

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

(a)after entry 4 in the table insert—

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

(b)after entry 6 in the table insert—

6Aa serious terrorism sentence of imprisonmentthe term imposed pursuant to section 282C(2) (the appropriate custodial term).

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

(a)in subsection (3)(a)—

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

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

(iv)serious terrorism sentences,;

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

(ca)serious terrorism sentences,.

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

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

(b)after subsection (6) insert—

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

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

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

(b).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)after subsection (5) insert—

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

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

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

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

serious terrorism sentence” means a sentence under—

(a)section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), or

(b)section 282A (serious terrorism sentence of imprisonment);.

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

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

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

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

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

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

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

(a)for paragraph 36 substitute—

36In section 15 (committal for sentence of dangerous adult offenders)—

(a)in subsection (1)(b), omit—

(i)“of detention in a young offender institution or”;

(ii)“266 or”;

(b)in subsection (1A), omit “268A or”.;

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

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

(ii)after “court)” insert

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

(b)in paragraph (h),;

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

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

(d)after paragraph 38 insert—

38AIn section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.

38BIn section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.;

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

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

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

(g)after paragraph 57 insert—

57AIn section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.

57BIn section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).;

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

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

(i)after paragraph 68 insert—

68AIn section 323 (minimum term order: other life sentences)—

(a)in subsection (4), omit “268B(2) or” in both places;

(b)in subsection (6)(b), omit “268B(2) or”.;

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

(i)after the opening words insert—

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

(ii)after paragraph (a) insert—

(aa)omit subsection (5A);;

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

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

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

(ii)at the end insert—

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

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

73In section 399 (mandatory sentences)—

(a)in paragraph (b)—

(i)in the opening words, omit “, custody for life”;

(ii)in sub-paragraph (i), omit “, 274”;

(iii)in sub-paragraph (ii), omit “273 or”;

(b)in paragraph (ba), omit “268B or”.;

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

79AIn Schedule 17A (serious terrorism offences), after paragraph 24 insert—

Space Industry Act 2018U.K.

24AAn offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft);

(b)paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c)paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d)paragraph 4 (endangering safety at spaceports).;

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

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

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

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

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

(b).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources