SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court's discretion

CHAPTER 3Seriousness and determining sentence

Aggravating factors

I1C169Terrorist connection

1

This section applies where a court is considering the seriousness of an offence F1specified in Schedule 1 (offences where terrorist connection to be considered)F1within subsection (4) or (5).

2

If the offence has a terrorist connection, the court—

a

must treat that fact as an aggravating factor, and

b

must state in open court that the offence is so aggravated.

3

For the purposes of this section, an offence has a terrorist connection if the offence—

a

is, or takes place in the course of, an act of terrorism, or

b

is committed for the purposes of terrorism.

For this purpose, “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

F24

An offence is within this subsection if it—

a

was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

b

is punishable on indictment with imprisonment for more than 2 years, and

c

is not specified in Schedule A1.

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) and (5) to have been committed on the last of those days.