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SECOND GROUP OF PARTSU.K.Provisions applying to sentencing courts generally

PART 4E+WExercise of court's discretion

CHAPTER 3E+WSeriousness and determining sentence

Aggravating factorsE+W
69Terrorist connectionE+W

(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).

[F2(4)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.]

Textual Amendments

F1Words in s. 69(1) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 1(2)(a), 50(2)(a)(3)(a)

F2S. 69(4)-(6) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 1(2)(b), 50(2)(a)(3)(a)

Modifications etc. (not altering text)

C1S. 69 modified by 2006 c. 52, s. 238(6) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 53 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2