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Counter-Terrorism Act 2008
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Changes to legislation:
Counter-Terrorism Act 2008, Section 43 is up to date with all changes known to be in force on or before 13 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 43:
- s. 40(2)(aa) inserted by 2026 c. 20 Sch. 26 para. 2(2)
- s. 40(4) inserted by 2026 c. 20 Sch. 26 para. 2(3)
- s. 57A inserted by 2026 c. 20 Sch. 26 para. 4
- s. 59(1) s. 59 renumbered as s. 59(1) by 2026 c. 20 Sch. 26 para. 5(2)
- s. 59(2) inserted by 2026 c. 20 Sch. 26 para. 5(3)
- s. 61(5)(aa) inserted by 2026 c. 20 Sch. 26 para. 6(3)
- Sch. 4A inserted by 2026 c. 20 Sch. 26 para. 8
- Sch. 6A inserted by 2026 c. 20 Sch. 26 para. 9
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 40(2)(aa) inserted by 2026 c. 20 Sch. 26 para. 2(2)
- s. 40(4) inserted by 2026 c. 20 Sch. 26 para. 2(3)
- s. 57A inserted by 2026 c. 20 Sch. 26 para. 4
- s. 59(1) s. 59 renumbered as s. 59(1) by 2026 c. 20 Sch. 26 para. 5(2)
- s. 59(2) inserted by 2026 c. 20 Sch. 26 para. 5(3)
- s. 61(5)(aa) inserted by 2026 c. 20 Sch. 26 para. 6(3)
- Sch. 4A inserted by 2026 c. 20 Sch. 26 para. 8
- Sch. 6A inserted by 2026 c. 20 Sch. 26 para. 9
43Offences dealt with before commencementU.K.
This section has no associated Explanatory Notes
(1)This Part applies to a person dealt with for an offence before the commencement of this Part only if—
(a)the offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and
(b)immediately before the commencement of this Part the person—
(i)is imprisoned or detained in pursuance of the sentence passed or order made in respect of the offence,
(ii)would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or on bail pending an appeal, or
(iii)is on licence, having served the custodial part of a sentence of imprisonment in respect of the offence.
(2)In relation to a person dealt with for an offence before the commencement of this Part—
(a)any reference in this Part to a sentence or order under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision;
(b)any reference in this Part to a person being or having been found to be under a disability and to have done the act charged against them in respect of an offence includes a reference to their being or having been found—
(i)unfit to be tried for the offence,
(ii)insane so that their trial for the offence cannot or could not proceed, or
(iii)unfit to be tried and to have done the act charged against them in respect of the offence.
Commencement Information
I1S. 43 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)
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