Counter-Terrorism and Sentencing Act 2021

1. Introductory Text

2. PART 1 Sentencing of terrorist and certain other offenders

   1. Offences to be sentenced as terrorist offences

      1. 1. Offences aggravated by terrorist connection

      2. 2. Meaning of “serious terrorism offence”: England and Wales

      3. 3. Offences relevant for provisions of this Act relating to Northern Ireland

   2. Serious terrorism sentences

      1. 4. Serious terrorism sentence for adults aged under 21: England and Wales

      2. 5. Serious terrorism sentence for adults aged 21 or over: England and Wales

      3. 6. Serious terrorism sentence: Scotland

      4. 7. Serious terrorism sentence: Northern Ireland

   3. Serious terrorism sentences: supplementary provision

      1. 8. Reduction in appropriate custodial term for guilty pleas: England and Wales

      2. 9. Reduction in appropriate custodial term for guilty pleas: Scotland

      3. 10. Reduction in appropriate custodial term for assistance to prosecution: England and Wales

   4. Life or indeterminate sentences for serious terrorism offences

      1. 11. Minimum term order for serious terrorism offenders: England and Wales

      2. 12. Minimum punishment part for serious terrorism offenders: Scotland

      3. 13. Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland

      4. 14. Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland

   5. Extended sentences

      1. 15. Additional offences attracting extended sentence: England and Wales

      2. 16. Increase in extension period for serious terrorism offenders aged under 18: England and Wales

      3. 17. Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales

      4. 18. Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales

      5. 19. Additional terrorism offences attracting extended sentence: Scotland

      6. 20. Extended custodial sentences for serious terrorism offenders: Northern Ireland

   6. Other custodial sentences for terrorist offenders

      1. 21. Offences attracting special custodial sentence for offenders of particular concern: England and Wales

      2. 22. Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales

      3. 23. Terrorism sentence with fixed licence period: Scotland

      4. 24. Terrorism sentence with fixed licence period: Northern Ireland

   7. Sentencing for service offences

      1. 25. Corresponding provision under service law

   8. Maximum sentences

      1. 26. Increase in maximum sentences for certain terrorist offences

3. PART 2 Release of terrorist offenders

   1. Removal or restriction of early release for terrorist prisoners

      1. 27. Removal of early release for dangerous terrorist prisoners: England and Wales

      2. 28. Removal of early release for dangerous terrorist prisoners: Scotland

      3. 29. Further provision about release of terrorist prisoners: Scotland

      4. 30. Restricted eligibility for early release of terrorist prisoners: Northern Ireland

      5. 31. Removal of early release for dangerous terrorist prisoners: Northern Ireland

   2. Polygraph conditions in licences for release

      1. 32. Polygraph licence conditions for terrorist offenders: England and Wales

   3. Repatriated terrorist prisoners

      1. 33. Release on licence of terrorist prisoners repatriated to the United Kingdom

4. PART 3 Prevention and investigation of terrorism

   1. Terrorism prevention and investigation measures

      1. 34. TPIMs: condition as to involvement in terrorism-related activity

      2. 35. TPIMs: extension of time limit

      3. 36. TPIMs: variation of measures

      4. 37. TPIMs: extension of residence measure

      5. 38. TPIMs: polygraph measure

      6. 39. TPIMs: drug testing measure

      7. 40. TPIMs: provision of information

      8. 41. TPIMs: annual review

   2. Notification requirements under Part 4 of the Counter-Terrorism Act 2008

      1. 42. Additional offences attracting notification requirements

   3. Serious crime prevention orders

      1. 43. Police powers to apply for serious crime prevention orders in terrorism cases

      2. 44. Serious crime prevention orders: review of operation of police powers

   4. “Prevent” strategy

      1. 45. Persons vulnerable to being drawn into terrorism: timing of independent review

5. PART 4 General

   1. 46. Consequential and related amendments

   2. 47. Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

   3. 48. Power to make further consequential provision

   4. 49. Extent

   5. 50. Commencement

   6. 51. Short title

6. SCHEDULES

   1. SCHEDULE 1

      Offences where terrorist connection not required to be considered

      1. PART 1 England and Wales; service offences

      2. PART 2 Scotland and Northern Ireland

   2. SCHEDULE 2

      Serious terrorism offences: England and Wales

   3. SCHEDULE 3

      Offences for the purposes of this Act: Northern Ireland

   4. SCHEDULE 4

      Serious terrorism offences: Scotland

   5. SCHEDULE 5

      Terrorism offences attracting extended sentence: Scotland

   6. SCHEDULE 6

      Offences attracting special custodial sentence for offenders of particular concern: England and Wales

   7. SCHEDULE 7

      Offences attracting terrorism sentence with fixed licence period: Scotland

   8. SCHEDULE 8

      Corresponding provision about sentencing under service law

      1. PART 1 Serious terrorism sentences etc

         1. 1. The Armed Forces Act 2006 is amended as follows.

         2. 2. Serious terrorism sentence for services offences

         3. 3. Reduction in appropriate custodial term for guilty plea

         4. 4. Minimum term orders for serious terrorism offenders in cases of service offences

         5. 5. Reduction in appropriate custodial term for assistance to prosecution

      2. PART 2 Offences attracting special custodial sentence

         1. 6. In section 224A of the Armed Forces Act 2006 (special...

      3. PART 3 Special custodial sentence for terrorist offenders of particular concern aged under 18 at time of offence

         1. 7. The Armed Forces Act 2006 is amended as follows.

         2. 8. (1) Section 224A (special custodial sentence for offenders of particular...

         3. 9. After section 224A insert— Special sentence of detention for terrorist...

   9. SCHEDULE 9

      Offences carrying restricted eligibility of terrorist prisoners for release on licence: England and Wales

   10. SCHEDULE 10

       Offences carrying restricted eligibility of terrorist prisoners for release on licence: Scotland

   11. SCHEDULE 11

       Release on licence of repatriated terrorist prisoners

       1. 1. The Schedule to the Repatriation of Prisoners Act 1984 is...

       2. 2. In paragraph 2 (application of early release provisions), as it...

       3. 3. (1) Paragraph 2 (application of early release provisions), as it...

       4. 4. (1) Paragraph 2 (application of early release provisions), as it...

       5. 5. In paragraph 2A (application of early release provisions to prisoners...

   12. SCHEDULE 12

       Serious crime prevention orders: power for police to apply in terrorism-related cases

       1. 1. The Serious Crime Act 2007 is amended as follows.

       2. 2. (1) Section 8 (authorities that can apply for a serious...

       3. 3. After section 8 insert— Serious crime prevention orders that are...

       4. 4. (1) Section 10(4) (definition of “relevant applicant authority”) is amended...

       5. 5. (1) Section 17 (variation of orders) is amended as follows....

       6. 6. (1) Section 18 (discharge of orders) is amended as follows....

       7. 7. (1) Section 27 (powers to wind up companies etc: England...

       8. 8. (1) Section 27A (powers to wind up companies etc: Scotland)...

       9. 9. (1) Section 28 (powers to wind up companies etc: Northern...

       10. 10. In section 43 (index of defined expressions for Part 1),...

       11. 11. (1) Schedule 2 (functions of applicant authorities under Part 1)...

   13. SCHEDULE 13

       Consequential and related amendments

       1. PART 1 Offences aggravated by terrorist connection

          1. 1. Terrorism Act 2000 (c. 11)

          2. 2. Counter-Terrorism Act 2008 (c. 28)

          3. 3. Counter-Terrorism and Security Act 2015 (c. 6)

          4. 4. Space Industry Act 2018 (c. 5)

          5. 5. Counter-Terrorism and Border Security Act 2019 (c. 3)

          6. 6. Sentencing Act 2020 (c. 17)

       2. PART 2 Serious terrorism sentence: England and Wales

          1. 7. Criminal Justice Act 1982 (c. 48)

          2. 8. Mental Health Act 1983 (c. 20)

          3. 9. Criminal Justice Act 2003 (c. 44)

          4. 10. Offender Management Act 2007 (c. 21)

          5. 11. Sentencing Act 2020 (c. 17)

       3. PART 3 Offences attracting special custodial sentence: England and Wales

          1. 12. Sentencing Act 2020 (c. 17)

       4. PART 4 Sentence for offenders of particular concern aged under 18 at time of offence: England and Wales

          1. 13. Rehabilitation of Offenders Act 1974 (c. 53)

          2. 14. Magistrates’ Courts Act 1980 (c. 43)

          3. 15. Mental Health Act 1983 (c. 20)

          4. 16. Criminal Justice and Public Order Act 1994 (c. 33)

          5. 17. Crime and Disorder Act 1998 (c. 37)

          6. 18. Criminal Justice and Court Services Act 2000 (c. 43)

          7. 19. Proceeds of Crime Act 2002 (c. 29)

          8. 20. Sexual Offences Act 2003 (c. 42)

          9. 21. Criminal Justice Act 2003 (c. 44)

          10. 22. Domestic Violence, Crime and Victims Act 2004 (c. 28)

          11. 23. Armed Forces Act 2006 (c. 52)

          12. 24. Offender Management Act 2007 (c. 21)

          13. 25. Counter-Terrorism Act 2008 (c. 28)

          14. 26. Sentencing Act 2020 (c. 17)

          15. 27. Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

          16. 28. Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)

          17. 29. Child Benefit (General) Regulations 2006 (S.I. 2006/223)

          18. 30. Employment and Support Allowance Regulations 2008 (S.I. 2008/794)

          19. 31. Employment and Support Allowance Regulations 2013 (S.I. 2013/379)

          20. 32. Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W. 298))

       5. PART 5 Amendments in relation to sentencing under service law

          1. 33. Rehabilitation of Offenders Act 1974 (c. 53)

          2. 34. (1) The Rehabilitation of Offenders Act 1974 as it forms...

          3. 35. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

          4. 36. Criminal Justice Act 1982 (c. 48)

          5. 37. Crime and Disorder Act 1998 (c. 37)

          6. 38. Criminal Justice and Court Services Act 2000 (c. 43)

          7. 39. Sexual Offences Act 2003 (c. 42)

          8. 40. Criminal Justice Act 2003 (c. 44)

          9. 41. Armed Forces Act 2006 (c. 52)

          10. 42. Counter-Terrorism Act 2008 (c. 28)

          11. 43. Sentencing Act 2020 (c. 17)

       6. PART 6 Amendments in relation to release: England and Wales

          1. 44. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

          2. 45. Criminal Justice Act 2003 (c. 44)

          3. 46. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

       7. PART 7 Consequential and related amendments: Scotland

          1. 47. Social Work (Scotland) Act 1968 (c. 49)

          2. 48. Rehabilitation of Offenders Act 1974 (c. 53)

          3. 49. In section 5 of the Rehabilitation of Offenders Act 1974...

          4. 50. Repatriation of Prisoners Act 1984 (c. 47)

          5. 51. Prisons (Scotland) Act 1989 (c. 45)

          6. 52. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

          7. 53. Criminal Procedure (Scotland Act) 1995 (c. 46)

          8. 54. Crime (Sentences) Act 1997 (c. 43)

          9. 55. International Criminal Court (Scotland) Act 2001 (asp 13)

          10. 56. Extradition Act 2003 (c. 41)

          11. 57. Sexual Offences Act 2003 (c. 42)

          12. 58. Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

          13. 59. Counter-Terrorism Act 2008 (c. 28)

          14. 60. Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)

       8. PART 8 Serious terrorism sentence and extended custodial sentence: Northern Ireland

          1. 61. Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

          2. 62. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

          3. 63. Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))

          4. 64. Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

          5. 65. Counter-Terrorism Act 2008 (c. 28)

          6. 66. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

       9. PART 9 Terrorism sentence with fixed licence period: Northern Ireland

          1. 67. Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

          2. 68. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

          3. 69. Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

          4. 70. Sexual Offences Act 2003 (c. 42)

          5. 71. Counter-Terrorism Act 2008 (c. 28)

          6. 72. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

       10. PART 10 Release on licence: Northern Ireland

           1. 73. Extradition Act 2003 (c. 41)

           2. 74. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

           3. 75. Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))

           4. 76. Parole Commissioners’ Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)