Counter-Terrorism and Sentencing Act 2021
PART 1
Sentencing of terrorist and certain other offenders
Offences to be sentenced as terrorist offences
1
Offences aggravated by terrorist connection
2
Meaning of “serious terrorism offence”: England and Wales
3
Offences relevant for provisions of this Act relating to Northern Ireland
Serious terrorism sentences
4
Serious terrorism sentence for adults aged under 21: England and Wales
5
Serious terrorism sentence for adults aged 21 or over: England and Wales
6
Serious terrorism sentence: Scotland
7
Serious terrorism sentence: Northern Ireland
Serious terrorism sentences: supplementary provision
8
Reduction in appropriate custodial term for guilty pleas: England and Wales
9
Reduction in appropriate custodial term for guilty pleas: Scotland
10
Reduction in appropriate custodial term for assistance to prosecution: England and Wales
Life or indeterminate sentences for serious terrorism offences
11
Minimum term order for serious terrorism offenders: England and Wales
12
Minimum punishment part for serious terrorism offenders: Scotland
13
Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland
14
Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland
Extended sentences
15
Additional offences attracting extended sentence: England and Wales
16
Increase in extension period for serious terrorism offenders aged under 18: England and Wales
17
Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales
18
Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales
19
Additional terrorism offences attracting extended sentence: Scotland
20
Extended custodial sentences for serious terrorism offenders: Northern Ireland
Other custodial sentences for terrorist offenders
21
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
22
Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
23
Terrorism sentence with fixed licence period: Scotland
24
Terrorism sentence with fixed licence period: Northern Ireland
Sentencing for service offences
25
Corresponding provision under service law
Maximum sentences
26
Increase in maximum sentences for certain terrorist offences
PART 2
Release of terrorist offenders
Removal or restriction of early release for terrorist prisoners
27
Removal of early release for dangerous terrorist prisoners: England and Wales
28
Removal of early release for dangerous terrorist prisoners: Scotland
29
Further provision about release of terrorist prisoners: Scotland
30
Restricted eligibility for early release of terrorist prisoners: Northern Ireland
31
Removal of early release for dangerous terrorist prisoners: Northern Ireland
Polygraph conditions in licences for release
32
Polygraph licence conditions for terrorist offenders: England and Wales
Repatriated terrorist prisoners
33
Release on licence of terrorist prisoners repatriated to the United Kingdom
PART 3
Prevention and investigation of terrorism
Terrorism prevention and investigation measures
34
TPIMs: condition as to involvement in terrorism-related activity
35
TPIMs: extension of time limit
36
TPIMs: variation of measures
37
TPIMs: extension of residence measure
38
TPIMs: polygraph measure
39
TPIMs: drug testing measure
40
TPIMs: provision of information
41
TPIMs: annual review
Notification requirements under Part 4 of the Counter-Terrorism Act 2008
42
Additional offences attracting notification requirements
Serious crime prevention orders
43
Police powers to apply for serious crime prevention orders in terrorism cases
44
Serious crime prevention orders: review of operation of police powers
“Prevent” strategy
45
Persons vulnerable to being drawn into terrorism: timing of independent review
PART 4
General
46
Consequential and related amendments
47
Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
48
Power to make further consequential provision
49
Extent
50
Commencement
51
Short title
SCHEDULES
SCHEDULE 1
Offences where terrorist connection not required to be considered
PART 1
England and Wales; service offences
This is the Schedule to be inserted as Schedule A1...
PART 2
Scotland and Northern Ireland
This is the Schedule to be inserted as Schedule 1A...
SCHEDULE 2
Serious terrorism offences: England and Wales
This is the Schedule to be inserted as Schedule 17A...
SCHEDULE 3
Offences for the purposes of this Act: Northern Ireland
This is the Schedule to be inserted as Schedule 2A...
SCHEDULE 4
Serious terrorism offences: Scotland
This is the Schedule to be inserted as Schedule 5ZA...
SCHEDULE 5
Terrorism offences attracting extended sentence: Scotland
This is the Schedule to be inserted as Schedule 5ZC...
SCHEDULE 6
Offences attracting special custodial sentence for offenders of particular concern: England and Wales
This is the Schedule to be substituted for Schedule 13...
SCHEDULE 7
Offences attracting terrorism sentence with fixed licence period: Scotland
This is the Schedule to be inserted as Schedule 5ZB...
SCHEDULE 8
Corresponding provision about sentencing under service law
PART 1
Serious terrorism sentences etc
1
The Armed Forces Act 2006 is amended as follows.
Serious terrorism sentence for services offences
2
After section 219 insert— Serious terrorism sentence: offenders aged 18...
Reduction in appropriate custodial term for guilty plea
3
In section 239 (reduction in sentence for guilty plea), after...
Minimum term orders for serious terrorism offenders in cases of service offences
4
In section 261A (life sentences: further provision), in subsection (3)—...
Reduction in appropriate custodial term for assistance to prosecution
5
In section 304C (to be inserted by the Armed Forces...
PART 2
Offences attracting special custodial sentence
6
In section 224A of the Armed Forces Act 2006 (special...
PART 3
Special custodial sentence for terrorist offenders of particular concern aged under 18 at time of offence
7
The Armed Forces Act 2006 is amended as follows.
8
(1) Section 224A (special custodial sentence for offenders of particular...
9
After section 224A insert— Special sentence of detention for terrorist...
SCHEDULE 9
Offences carrying restricted eligibility of terrorist prisoners for release on licence: England and Wales
This is the Schedule to be substituted for Schedule 19ZA...
SCHEDULE 10
Offences carrying restricted eligibility of terrorist prisoners for release on licence: Scotland
This is the Schedule to be substituted for Schedule 1A...
SCHEDULE 11
Release on licence of repatriated terrorist prisoners
1
The Schedule to the Repatriation of Prisoners Act 1984 is...
2
In paragraph 2 (application of early release provisions), as it...
3
(1) Paragraph 2 (application of early release provisions), as it...
4
(1) Paragraph 2 (application of early release provisions), as it...
5
In paragraph 2A (application of early release provisions to prisoners...
SCHEDULE 12
Serious crime prevention orders: power for police to apply in terrorism-related cases
1
The Serious Crime Act 2007 is amended as follows.
2
(1) Section 8 (authorities that can apply for a serious...
3
After section 8 insert— Serious crime prevention orders that are...
4
(1) Section 10(4) (definition of “relevant applicant authority”) is amended...
5
(1) Section 17 (variation of orders) is amended as follows....
6
(1) Section 18 (discharge of orders) is amended as follows....
7
(1) Section 27 (powers to wind up companies etc: England...
8
(1) Section 27A (powers to wind up companies etc: Scotland)...
9
(1) Section 28 (powers to wind up companies etc: Northern...
10
In section 43 (index of defined expressions for Part 1),...
11
(1) Schedule 2 (functions of applicant authorities under Part 1)...
SCHEDULE 13
Consequential and related amendments
PART 1
Offences aggravated by terrorist connection
Terrorism Act 2000 (c. 11)
1
(1) The Terrorism Act 2000 is amended as follows.
Counter-Terrorism Act 2008 (c. 28)
2
(1) The Counter-Terrorism Act 2008 is amended as follows.
Counter-Terrorism and Security Act 2015 (c. 6)
3
In section 44(2)(e) of the Counter-Terrorism and Security Act 2015...
Space Industry Act 2018 (c. 5)
4
Paragraph 29 of Schedule 12 to the Space Industry Act...
Counter-Terrorism and Border Security Act 2019 (c. 3)
5
In section 25(2) of the Counter-Terrorism and Border Security Act...
Sentencing Act 2020 (c. 17)
6
(1) The Sentencing Act 2020 is amended as follows.
PART 2
Serious terrorism sentence: England and Wales
Criminal Justice Act 1982 (c. 48)
7
In section 32 of the Criminal Justice Act 1982 (early...
Mental Health Act 1983 (c. 20)
8
In section 37 of the Mental Health Act 1983 (power...
Criminal Justice Act 2003 (c. 44)
9
(1) The Criminal Justice Act 2003 is amended as follows....
Offender Management Act 2007 (c. 21)
10
In section 28(3) of the Offender Management Act 2007 (custodial...
Sentencing Act 2020 (c. 17)
11
(1) The Sentencing Act 2020 is amended as follows.
PART 3
Offences attracting special custodial sentence: England and Wales
Sentencing Act 2020 (c. 17)
12
(1) In section 398 of the Sentencing Act 2020 (ancillary...
PART 4
Sentence for offenders of particular concern aged under 18 at time of offence: England and Wales
Rehabilitation of Offenders Act 1974 (c. 53)
13
In section 5 of the Rehabilitation of Offenders Act 1974...
Magistrates' Courts Act 1980 (c. 43)
14
(1) The Magistrates' Courts Act 1980 is amended as follows....
Mental Health Act 1983 (c. 20)
15
In section 43(4) of the Mental Health Act 1983 (modification...
Criminal Justice and Public Order Act 1994 (c. 33)
16
In section 25(5) of the Criminal Justice and Public Order...
Crime and Disorder Act 1998 (c. 37)
17
(1) The Crime and Disorder Act 1998 is amended as...
Criminal Justice and Court Services Act 2000 (c. 43)
18
(1) The Criminal Justice and Court Services Act 2000 is...
Proceeds of Crime Act 2002 (c. 29)
19
In section 70(5) of the Proceeds of Crime Act 2002...
Sexual Offences Act 2003 (c. 42)
20
In section 131 of the Sexual Offences Act 2003 (application...
Criminal Justice Act 2003 (c. 44)
21
(1) The Criminal Justice Act 2003 is amended as follows....
Domestic Violence, Crime and Victims Act 2004 (c. 28)
22
In section 45(1) of the Domestic Violence, Crime and Victims...
Armed Forces Act 2006 (c. 52)
23
(1) The Armed Forces Act 2006 is amended as follows....
Offender Management Act 2007 (c. 21)
24
In section 28(3) of the Offender Management Act 2007 (custodial...
Counter-Terrorism Act 2008 (c. 28)
25
In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences attracting...
Sentencing Act 2020 (c. 17)
26
(1) The Sentencing Act 2020 is amended as follows.
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
27
In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991...
Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
28
In article 4(2) of the Youth Justice Board for England...
Child Benefit (General) Regulations 2006 (S.I. 2006/223)
29
In regulation 1(3) of the Child Benefit (General) Regulations 2006...
Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
30
In regulation 160(5) of the Employment and Support Allowance Regulations...
Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
31
In regulation 96(6) of the Employment and Support Allowance Regulations...
Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W. 298))
32
In regulation 14(a) of the Children (Secure Accommodation) (Wales) Regulations...
PART 5
Amendments in relation to sentencing under service law
Rehabilitation of Offenders Act 1974 (c. 53)
33
In section 5 of the Rehabilitation of Offenders Act 1974...
34
(1) The Rehabilitation of Offenders Act 1974 as it forms...
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
35
In Article 6 of the Rehabilitation of Offenders (Northern Ireland)...
Criminal Justice Act 1982 (c. 48)
36
In section 32(1A) of the Criminal Justice Act 1982 (sentences...
Crime and Disorder Act 1998 (c. 37)
37
(1) The Crime and Disorder Act 1998 is amended as...
Criminal Justice and Court Services Act 2000 (c. 43)
38
(1) The Criminal Justice and Court Services Act 2000 is...
Sexual Offences Act 2003 (c. 42)
39
In section 131 of the Sexual Offences Act 2003 (application...
Criminal Justice Act 2003 (c. 44)
40
In section 237(1B) of the Criminal Justice Act 2003 (service...
Armed Forces Act 2006 (c. 52)
41
(1) The Armed Forces Act 2006 is amended as follows....
Counter-Terrorism Act 2008 (c. 28)
42
In paragraph 5(1)(a)(iv) of Schedule 6 to the Counter-Terrorism Act...
Sentencing Act 2020 (c. 17)
43
(1) The Sentencing Act 2020 is amended as follows.
PART 6
Amendments in relation to release: England and Wales
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
44
In section 106A(6) of the Powers of Criminal Courts (Sentencing)...
Criminal Justice Act 2003 (c. 44)
45
(1) The Criminal Justice Act 2003 is amended as follows....
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
46
In section 128 of the Legal Aid, Sentencing and Punishment...
PART 7
Consequential and related amendments: Scotland
Social Work (Scotland) Act 1968 (c. 49)
47
In section 6A(1)(d) of the Social Work (Scotland) Act 1968...
Rehabilitation of Offenders Act 1974 (c. 53)
48
In section 5 of the Rehabilitation of Offenders Act 1974...
49
In section 5 of the Rehabilitation of Offenders Act 1974...
Repatriation of Prisoners Act 1984 (c. 47)
50
In section 2(4)(b)(ii) of the Repatriation of Prisoners Act 1984...
Prisons (Scotland) Act 1989 (c. 45)
51
(1) The Prisons (Scotland) Act 1989 is amended as follows....
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
52
(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is...
Criminal Procedure (Scotland Act) 1995 (c. 46)
53
(1) The Criminal Procedure (Scotland) Act 1995 is amended as...
Crime (Sentences) Act 1997 (c. 43)
54
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer...
International Criminal Court (Scotland) Act 2001 (asp 13)
55
In section 24(c) of the International Criminal Court (Scotland) Act...
Extradition Act 2003 (c. 41)
56
In each of the following provisions of the Extradition Act...
Sexual Offences Act 2003 (c. 42)
57
In section 131 of the Sexual Offences Act 2003 (application...
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
58
In Schedule 6 to the Custodial Sentences and Weapons (Scotland)...
Counter-Terrorism Act 2008 (c. 28)
59
In section 45(2) of the Counter-Terrorism Act 2008 (Scottish sentences...
Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)
60
In section 4 of the Terrorist Offenders (Restriction of Early...
PART 8
Serious terrorism sentence and extended custodial sentence: Northern Ireland
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
61
In section 26(2) of the Treatment of Offenders Act (Northern...
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
62
In Article 6 of the Rehabilitation of Offenders (Northern Ireland)...
Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))
63
In Article 44(1A) of the Mental Health (Northern Ireland) Order...
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
64
(1) The Criminal Justice (Northern Ireland) Order 1996 is amended...
Counter-Terrorism Act 2008 (c. 28)
65
In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish...
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
66
(1) The Criminal Justice (Northern Ireland) Order 2008 is amended...
PART 9
Terrorism sentence with fixed licence period: Northern Ireland
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
67
In section 26(2) of the Treatment of Offenders Act (Northern...
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
68
In Article 6 of the Rehabilitation of Offenders (Northern Ireland)...
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
69
(1) The Criminal Justice (Northern Ireland) Order 1996 is amended...
Sexual Offences Act 2003 (c. 42)
70
In section 131 of the Sexual Offences Act 2003 (application...
Counter-Terrorism Act 2008 (c. 28)
71
In section 45(3) of the Counter-Terrorism Act 2008 (Northern Irish...
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
72
(1) The Criminal Justice (Northern Ireland) Order 2008 is amended...
PART 10
Release on licence: Northern Ireland
Extradition Act 2003 (c. 41)
73
In each of the following provisions of the Extradition Act...
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
74
(1) The Criminal Justice (Northern Ireland) Order 2008 is amended...
Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))
75
(1) In section 55(2) of the Justice Act (Northern Ireland)...
Parole Commissioners' Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)
76
(1) The Parole Commissioners' Rules (Northern Ireland) 2009 are amended...

Counter-Terrorism and Sentencing Act 2021
2021 c. 11
An Act to make provision about the sentencing of offenders convicted of terrorism offences, of offences with a terrorist connection or of certain other offences; to make other provision in relation to terrorism; and for connected purposes.
[29th April 2021]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—