Counter-Terrorism And Sentencing Act 2021

Commentary on provisions of Act

Part 1: Sentencing of terrorist offenders

Section 1: Offences aggravated by terrorist connection

58. Section 1 of this Act makes provision in relation to non-terrorism offences that are committed with a terrorist connection. Where a court is sentencing a person for any non-terrorism offence with a maximum penalty of more than two years, and it appears that the offence was committed in the course of an act of terrorism, or for the purposes of terrorism, the court is now required to consider whether the offence was committed with a terrorist connection and, if it determines that that is the case, aggravate the sentence and state in open court that the offence has been aggravated. This is a change from the previous position that the Court was only expressly required to consider a terrorist connection in relation to those limited offences specified in the relevant Schedules (Schedule 1 of the Sentencing Code for England and Wales or Schedule 2 to the 2008 Act for Northern Ireland and for Scotland).
59. Previously, although the Court could find that an offence not contained in these Schedules was committed with a terrorist connection, it was not statutorily required to aggravate the sentence (but could choose to do so) and the RTO notification requirements would not apply to such offenders. Section 1 addresses this discrepancy, ensuring that all offenders found to have committed an offence (with a maximum penalty of more than two years) with a terrorist connection are subject to sentence aggravation and the notification requirements upon their release.
60. Subsection (2) of the Act makes amendments to section 69 of the Sentencing Code, which applies to England & Wales, adding new subsections (4) to (6).
61. New subsection (4) provides that an offence falls within section 69 if it satisfies paragraphs (a) to (c). Paragraph (a) is satisfied if the offence was committed on or after the day on which section 1 of this Act came into force. Paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years.
62. Paragraph (c) provides for certain offences listed in Schedule A1 to the Sentencing Code to fall outside of the scope of section 69. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
63. New subsection (5) makes provision in relation to offences committed prior to the date on which this section came into force. Such offences fall within the scope of section 69 of the Sentencing Code only if they are specified in Schedule 1 to the Sentencing Code.
64. New subsection (6) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of two or more days. For the purposes of new subsections (4) and (5) the offence is to be taken to have been committed on the last of those days.
65. Subsection (3) inserts new Schedule A1 (the Schedule set out in Part 1 of Schedule 1 to this Act), which lists offences for which the court need not consider a terrorist connection, into the Sentencing Code.
66. Subsection (4) provides for the 2008 Act to be amended by subsections (5) and (6).
67. Subsection (5) amends section 30 of the 2008 Act, which applies to Northern Ireland, adding new subsections (5A) to (5C).
68. New subsection (5A) provides that an offence falls within section 30, subsection (5) of the 2008 Act if it satisfies new paragraphs (a) to (c).
69. New paragraph (a) is satisfied if the offence was committed on or after the day on which this section came into force. New paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years, or would be so punishable in the case of an offender aged at least 21. These latter words are included to clarify that although an offender aged under 21 would not be imprisoned for the offence, new paragraph (b) applies if the offence is punishable with imprisonment in the case of an offender aged 21 or over. Paragraph (c) provides that offences listed in Schedule 1A to the Counter-Terrorism Act 2008 (inserted by this Act) fall outside of the scope of section 30 of the 2008 Act. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
70. New subsection (5B) makes provision in relation to offences committed on or after 12 April 2019 but prior to the date on which this section of this Act came into force. Such offences fall within the scope of section 30 of the 2008 Act only if they are specified in Schedule 2 to that Act (offences committed prior to 12 April 2019 are outside the scope of section 30, as section 30 was extended to Northern Ireland by section 8 of the CTBSA 2019 with effect only to offences committed on or after that date).
71. New subsection (5C) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of 2 or more days. For the purposes of new subsections (5A) and (5B) the offence is to be taken to have been committed on the last of those days.
72. New subsection (5)(c) repeals section 30(6) of the 2008 Act. The need for subsection (6) is removed as a result of the insertion of new subsection (5B) (a).
73. Subsection (6) amends section 31 of the 2008 Act, which applies to Scotland, adding new subsections (4A) to (4D).
74. New subsection (4A) provides that an offence falls within section 31 if it satisfies new paragraphs (a) to (c).
75. New paragraph (a) is satisfied if the offence was committed on or after the day on which this section came into force. New paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years, or would be so punishable in the case of an offender aged at least 21. These latter words are included to clarify that although an offender aged under 21 would not be imprisoned for the offence, paragraph (b) applies if the offence is punishable with imprisonment in the case of an offender aged 21 or over. New paragraph (c) provides that offences listed in Schedule 1A to the Counter-Terrorism Act 2008 fall outside of the scope of section 31 of that Act. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
76. New subsection (4B) makes provision in relation to offences committed on or after the relevant date (new subsection (4C) makes provision for the relevant date) but before the date on which this section came into force. Such offences fall within the scope of section 31 of the 2008 Act only if they are specified in Schedule 2 to that Act (offences committed prior to the relevant date are outside the scope of section 31).
77. New subsection (4C) specifies the relevant date for the purposes of new subsection (4B). For most offences the relevant date is 18 June 2009 (the date on which section 31 came into force). For those offences listed in new paragraph (b) the relevant date is 12 April 2019 (the date on which those offences were added to Schedule 2 to the 2008 Act by section 8 of the CTBSA 2019).
78. New subsection (4D) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of 2 or more days. For the purposes of new subsections (4A) to (4C) the offence is to be taken to have been committed on the last of those days.
79. Subsection (6)(c) repeals section 31(5) of the 2008 Act. The need for subsection (5) is removed as a result of the insertion of new subsection (4B)(a).
80. Subsection 7 inserts Schedule 1A (Part 2 of Schedule 1 to this Act) into the 2008 Act.

Section 2: Meaning of "serious terrorism offence": England and Wales

81. Section 2 of this Act amends the Sentencing Code to create a definition of a serious terrorism offence for the purposes of sentencing an offender to a serious terrorism sentence or an extended sentence. The definition refers to a list of specified offences to which the definition applies. These are listed in a new Schedule 17A to the Sentencing Code (Schedule 2 of this Act).

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

82. Section 3 of this Act amends the 2008 Order to add definitions of offences found to have a terrorist connection and the serious terrorism offence, and inserts a new Schedule 2A into the Order (Schedule 3 of this Act) which lists the relevant offences.

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

83. Section 4 creates a new type of sentence for serious terrorist offenders aged 18 to under 21 - a serious terrorism sentence of detention in a young offender institution, comprising a custodial period and an extension period. It inserts new section 268A, 268B and 268C into the Sentencing Code.
84. New section 268A requires that the serious terrorism sentence of detention in a young offender institution must comprise the appropriate custodial term (defined in section 268C to be a minimum of 14 years) and an extension period to be served on licence.
85. In new section 268B, subsection (1) outlines the criteria for the court to impose the sentence. These are: where the offence was committed on or after the date the provision comes into force, the offender is aged 18 or over when the offence was committed but below 21 at the point of conviction, where there is a significant risk of serious harm occasioned by the commission by the offender of further serious terrorism offences or other offences specified in section 308 of the Sentencing Code (that is, the offender has been assessed to be "dangerous"), where the "risk of multiple deaths" condition is met, and where the court does not impose a sentence of custody for life.
86. In new section 268B, subsection (2) provides that the court must then impose the sentence unless exceptional circumstances apply in relation to the offence or the offender that justify not imposing a serious terrorism sentence where the aforementioned circumstances are met.
87. In new section 268B, subsections (3) and (4) define the risk of multiple deaths condition, requiring that the offender was aware or ought to have been aware that the offending was very likely to result in or contribute to the deaths of at least two people as the result of an act of terrorism, as defined in section 1 of the Terrorism Act 2000, irrespective of whether or not any deaths actually occurred.
88. In new section 268B, subsection (5) defines the day on which the offence was committed, if it took place over two days or more, the offence is to be taken to have been committed on the last of those days. As set out in new subsection (1) it applies to offences committed on or after this section comes into force.
89. In new section 268B, subsection (6) provides that the pre-sentence report requirements in section 30 of the Sentencing Code apply in determining the risk of serious harm or assessment of dangerousness under new section 268B(1)(d).
90. New section 268C provides for the term of detention in a young offender institution for the new special terrorism sentence for under 21s. New subsection (2) provides that the appropriate custodial term will be 14 years or longer as set in line with section 231 of the Sentencing Code. New subsections (3) and (4) provide this will be followed by an extended licence period determined by the court according to the need to protect the public from the risk of harm of committing further serious terrorism offences or other specified offences posed by the offender of between 7 and 25 years.

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

91. Section 5 creates a new type of sentence of imprisonment for serious terrorist offender adults aged 21 or over comprising of a custodial period and an extension period. It inserts new section 282A, 282B and 282C into the Sentencing Code.
92. New section 282A requires that the serious terrorism sentence of imprisonment must comprise the appropriate custodial term (defined in section 282C to be a minimum of 14 years) and an extension period to be served on licence.
93. In new section 282B, subsection (1) outlines the criteria for the court to impose the sentence. These are: the offence was committed on or after the date the provision comes into force, the offender is aged 18 or over when the offence was committed and aged 21 or over at the point of conviction, where there is a significant risk of serious harm occasioned by the commission by the offender of further serious terrorism offences or other offences specified in section 308 of the Sentencing Code (that is, the offender is assessed to be ‘dangerous’), where the ‘risk of multiple deaths’ condition is met, and where the court does not impose a life sentence.
94. In new section 282B, subsection (2) provides that the court must then impose the sentence unless exceptional circumstances apply in relation to the offence or the offender that justify not imposing a serious terrorism sentence in the aforementioned circumstances.
95. Subsections (3) and (4) defines the risk of multiple deaths condition, requiring that the offender was aware or ought to have been aware that the offending was very likely to result in or contribute to the deaths of at least two people as the result of an act of terrorism, as defined in section 1 of the Terrorism Act 2000, irrespective of whether or not any deaths actually occurred.
96. In new section 282B, subsection (5) defines the day on which the offence was committed, if it took place over two days or more, the offence is to be taken to have been committed on the last of those days. As set out in new subsection (1) it applies to offences committed on or after this section comes into force.
97. In new section 282B, subsection (6) provides that the pre-sentence report requirements in section 30 of the Sentencing Code apply in determining the risk of serious harm or assessment of dangerousness under new subsection 268B(1)(d).
98. New section 282C provides for the term of the new serious terrorism sentence for those aged 21 or over. Subsection (2) provides that the appropriate custodial term will include a period of detention with a minimum of 14 years or longer as set in line with section 231 of the Sentencing Code. Subsections (3) and (4) provide this will be followed by an extended licence period, determined by the court according to the need to protect the public from the risk of harm of committing further serious terrorism offences or other specified offences posed by the offender, of between 7 and 25 years.

Section 6: Serious terrorism sentence: Scotland

99. Section 6 creates a new type of sentence of imprisonment for serious terrorist offenders, who risked multiple deaths with their offending and are aged 18 or over, in the Criminal Procedure (Scotland) Act 1995 ("1995 Act") by inserting new section 205ZA to section 205 of that Act.
100. In new section 205ZA(1) outlines the criteria for the court to impose the sentence; where the offence was committed on or after the date the provision comes into force; the offender is aged 18 or over when the offence was committed; the court is of the opinion that there is a significant risk to the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other terrorism offences specified in 210A of this Act; the court does not impose a life sentence or an Order for Lifelong Restriction and the risk of multiple deaths condition is met.
101. In new section 205ZA(2) requires that, where the offender is aged 21 or over, the court must then impose a serious terrorism sentence of imprisonment unless there are exceptional circumstances which justify not doing so where the aforementioned circumstances are met.
102. New section 205ZA(3) and (4) defines the risk of multiple deaths condition, requiring that the offending was very likely to result in or contribute to the deaths of at least two people as the result of an act of terrorism, as defined in section 1 of the Terrorism Act 2000, irrespective of whether or not any deaths actually occurred and that the offender was aware, or ought to have been aware of that likelihood.
103. New section 205ZA(5) requires that the serious terrorism sentence of imprisonment must comprise the appropriate custodial term (defined in subsection (8) to be a minimum of 14 years) and an extension period to be served on licence.
104. New section 205ZA(6) requires that, where the offender is aged under 21 the court must impose a serious terrorism sentence of detention unless there are exceptional circumstances which justify not doing so where the aforementioned circumstances are met.
105. New section 205ZA(7) requires that the serious terrorism sentence of detention must comprise the appropriate custodial term (defined in new subsection (8) to be a minimum of 14 years) and an extension period to be served on licence.
106. New section 205ZA(8) provides that the appropriate custodial term will be a minimum of 14 years. Subsections (9) and (10) provide this will be followed by an extended licence period of between 7 and 25 years, determined by the court according to the need to protect the public from the risk of harm posed by the offender if they were to commit further serious terrorism offences and certain other terrorist related offences.
107. New section 205ZA(11) requires the court to consider a report by a relevant officer of a local authority about the offender and their circumstances, and where the court deems necessary, hear that officer. New subsection (12) defines "local authority" and "relevant officer" with the meanings given by section 27 of the 1993 Act and defines "serious terrorism offence" as an offence specified in Part 1 of Schedule 5ZA or in Part 2 of that Schedule and has been aggravated by reason of having a terrorist connection under section 31 of the 2008 Act.
108. Section 6(2) inserts Schedule 5ZA to the 1995 Act (Schedule 4 to this Act), which defines the serious terrorism offences which attract the serious terrorism sentence.

Section 7: Serious terrorism sentence: Northern Ireland

109. Section 7 creates a serious terrorism sentence within the 2008 Order for offenders who committed a serious terrorism offence that risked multiple deaths, and are aged 18 or over by inserting a new 13A to the 2008 Order.
110. New section 13A(1) requires the court to impose the serious terrorism sentence where; the offence was committed on or after the date the provision comes into force; the offender is aged 18 or over when the offence was committed; the court is of the opinion that there is a significant risk to the public of serious harm occasioned by the commission by the offender of further such offences or other specified offences; the risk of multiple deaths condition is met and the court is not required by Article 13 to impose a life sentence or an indeterminate custodial sentence.
111. New section 13A(2) requires that the court must impose a serious terrorism sentence unless there are exceptional circumstances which justify not doing so where the aforementioned circumstances are met.
112. New section 13A(3) and (4) defines the risk of multiple deaths condition, requiring that the offending was very likely to result in or contribute to the deaths of at least two people as the result of an act of terrorism, as defined in section 1 of the Terrorism Act 2000, irrespective of whether or not any deaths actually occurred and that the offender was aware or ought to have been aware of that likelihood.
113. New section 13A(5) requires that, where the offender is aged 21 or over, the serious terrorism sentence of imprisonment must comprise the appropriate custodial term (defined in new subsection (8) to be a minimum of 14 years) and an extension period to be served on licence.
114. New section 13A(6) defines that, where the offender is aged under 21 a serious terrorism sentence is a sentence of detention to be served in a place and conditions as directed by the Department of Justice, and must comprise of the appropriate custodial term (defined in new subsection (8) to be a minimum of 14 years) and an extension period to be served on licence.
115. New section 13A(7) defines that a person detained under subsection (6) is to be detained in legal custody.
116. New section 13A(8) provides that the appropriate custodial term will be a minimum of 14 years or if longer the term that would (apart from this Article and Articles 14 and 15A) be imposed in compliance with Article 7 of the 2008 Order.
117. New section 13A(9) further details that where the court considers it appropriate to do so, they may take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996 as long as the custodial term is no less than 11 years and 73 days.
118. New section 13A(10) provides for the court to specify a lesser period for the custodial term than the minimum set out at new subsection (8), or where a guilty plea has been taken into account, if it consider it appropriate, in accordance with section 73(2) of the Serious Organised Crime and Police Act 2005, where the offender has given assistance to the prosecution.
119. New section 13A(11) provides that the extended licence period must be between 7 and 25 years, determined by the court according to the need to protect the public from the risk of harm of committing further serious terrorism offences or other specified offences posed by the offender.
120. New section 13A(12) directs that a court that imposes a sentence under this section shall not impose a suspended sentence under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968. New subsection (13) directs that remission shall not be granted under prison rules to an offender sentenced under this section.

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

121. Section 8 provides the court may reduce the custodial term specified in section 2 from the 14-year minimum, to a maximum reduction to 80 per cent, where the offender pleads guilty. Section 8 inserts a new subsection (2A) into section 73 of the Sentencing Code which provides that if the court imposes a serious terrorism sentence of detention in a young offender institution, or a serious terrorism sentence of imprisonment, nothing in the new subsection 268C(2) or 282C(2) prevents the court, after taking into account any matter referred to in subsection (2) of Section 73 of the Sentencing Code, from imposing the appropriate custodial term of any length not less than 80 per cent of the term otherwise required.

Section 9: Reduction in appropriate custodial term for guilty pleas: Scotland

122. Section 9 inserts a new subsection (1B) and (1C) to section 196 of the 1995 Act to ensure that a guilty plea can be taken into account when setting the sentence, up to 80 per cent of the term otherwise required.
123. New subsection (1B) defines that new subsection (1C) applies where the court is imposing on an offender to a sentence of imprisonment for life under section 205ZB, an order for lifelong restriction to which section 205ZB applies to the offender, a serious terrorism sentence of imprisonment under section 205ZA(2) or a serious terrorism sentence of detention under section 205ZA(6) the court may impose as the appropriate custodial term or, as the case may be, specify the punishment part, a term of any length which is not less than 80 per cent of the term otherwise required.

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

124. Section 10 of this Act allows the court to impose a lower custodial term for serious terrorist offenders who have assisted the prosecution and are sentenced to the serious terrorism sentence which carries a minimum custodial term of 14 years. It does so by inserting a new subsection (4A) to section 74 of the Sentencing Code so that nothing in section 268C(2) or 282C(2) affects the court’s power under subsection (2) to take into account the extent and nature of any assistance to the prosecution given or offered when determining the appropriate custodial term for an offender.

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

125. Section 11 requires that where a discretionary life sentence is given to an offender who would otherwise be sentenced to a serious terrorism sentence, the minimum custodial term must be at least 14 years, adjusted for time spent on remand or tagged bail, unless the court finds there are exceptional circumstances which justify a lesser period. This is to ensure consistency in the minimum term imposed on those convicted of serious terrorism offences.
126. Section 11 amends section 323 of the Sentencing Code to include new subsection (3) – (6). New subsection (3) provides that the minimum term in a serious terrorism case must be at least 14 years, subject to subsection 323(5) and (6).
127. New subsection (4) in section 323 defines a serious terrorism case as a case where the court would be required by subsection 268B(2) or 282B(2) (as inserted by this Act) to impose a serious terrorism sentence, were it not passing a life sentence.
128. New subsection (5) and (6) in section 323 direct that the minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which relate to the offence or the offender and justify a lesser period or, if the court considers it appropriate to account for time on remand or tagged bail and if the court had sentenced the offender under section 268B(2) and 282B(2) the effect section 73 (reductions for guilty pleas) and section 74 (reductions for assistance to the prosecution) would have had.

Section 12: Minimum punishment part for serious terrorism offenders: Scotland

129. Section 12 creates the minimum 14-year custodial term to be imposed as the punishment part of the sentence for a serious terrorism offender who would otherwise receive a serious terrorism sentence but is given a life sentence or an Order for Lifelong Restriction in Scotland. It inserts new section 205ZB into the 1993 Act. This is to ensure consistency in the minimum term imposed on those convicted of serious terrorism offences.
130. New section 205ZB,(3) provides that the punishment part may be less than 14 years where the court considers there are exceptional circumstances which justify not doing so.
131. New section 205ZB(4) sets out that prior to imposing a sentence of imprisonment for life, the court must consider a report by a relevant officer from the local authority about the offender and their circumstances, and if the court thinks it necessary hear that officer. New subsection (5) defines local authority and relevant officer as set out in section 27 of the 1993 Act.

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

132. Section 13 creates the minimum 14-year term for a serious terrorism offender who would otherwise have received a serious terrorism sentence but is given a life sentence in Northern Ireland by amending the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)). It inserts section 5A which introduces a minimum 14-year tariff in serious terrorism cases where the court is imposing a life sentence. This is to ensure consistency in the minimum term imposed on those convicted of serious terrorism offences.
133. New section 5A(1) requires the court to specify a 14-year minimum as specified under Article 5(1). New subsection (2) provides for the court to specify a lesser period for the custodial term than the minimum of 14 years where the court considers it appropriate to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, as long as the custodial term is no less than 11 years and 73 days.
134. New section 5A(3) provides for the court to give a lesser period than the 14-year minimum if it considers it appropriate, in accordance with section 73(2) of the Serious Organised Crime and Police Act 2005, where the offender has given assistance to the prosecution.
135. New section 5A(4) provides for the court to specify a period of less than 14 years where it finds there are exceptional circumstances that relate to the offence or the offender.
136. New section 5A(5) defines a serious terrorism case as a case where the court would be required by Article 13A (as inserted by this Act) to impose a serious terrorism sentence, were it not passing a life sentence or an indeterminate custodial sentence. New subsection (6) defines "indeterminate custodial sentence" under Article 13(4) of the 2008 Order.

Section 14: Minimum custodial period for serious terrorism offenders sentenced to indeterminate custodial sentences: Northern Ireland

137. Section 14 amends Article 13 of the 2008 Order which governs the minimum length of the custodial term to be given in indeterminate custodial sentences for offenders aged 18 and over after the commencement of this Act. It requires that where an indeterminate custodial sentence is given to an offender who would otherwise be sentenced to a serious terrorism sentence, the minimum custodial period must be at least 14 years, adjusted for time spent on remand or tagged bail. This is to ensure consistency in the minimum term imposed on those convicted of serious terrorism offences.
138. Section 14(2) and (3) insert paragraphs (3A) to (3E) to Article 13 of the 2008 Order. New paragraph 3A specifies that a serious terrorism case specified under (3)(b) must be at least 14 years, subject to paragraphs (3C) to (3E).
139. New paragraph (3B) defines a serious terrorism case as a case where the court would be required by Article 13A (as inserted by this Act) to impose a serious terrorism sentence, were it not passing an indeterminate custodial sentence.
140. New paragraph (3C) provides for the court to specify a lesser period for the custodial period than the minimum of 14 years where the court considers it appropriate to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, as long as the custodial term is no less than 11 years and 73 days.
141. New paragraph (3D) provides for the court to give a lesser period than the 14-year minimum if it consider it appropriate, in accordance with section 73(2) of the Serious Organised Crime and Police Act 2005, where the offender has given assistance to the prosecution.
142. New paragraph (3E) provides for the court to specify a period of less than 14 years where it finds there are exceptional circumstances that relate to the offence or the offender.

Section 15: Additional offences attracting extended sentence: England and Wales

143. Section 15 sets out a number of offences which will now attract an extended sentence, where they are found to have a terrorist connection. Section 15 amends Part 3 of Schedule 18 to the Sentencing Code.
144. The effect of these changes is that that any offender, convicted of the additional offences added by this section, who is eligible for a serious terrorism sentence but who does not receive one may be given an extended sentence.

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

145. Section 16 amends section 256(4) of the Sentencing Code to extend the maximum licence period to 10 years for offenders under 18 sentenced to an extended sentence under section 254 of the Sentencing Code, for cases which meet the definition of a serious terrorism offence, as defined in section 2 of this Act.

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

146. Section 17 inserts an extension period of up to 10 years for offenders under 21 sentenced to an extended sentence of detention in a young offender institution into section 268(4) of the Sentencing Code, for cases which meet the definition of a serious terrorism offence, as defined in section 2 of this Act.

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

147. Section 18 increases the maximum extension period to 10 years for adults aged over 21 at the time of conviction who are sentenced to an extended sentence for a serious terrorism offence as defined in section 2 of this Act, by amending text at section 281(4)(b) of the Sentencing Code.

Section 19: Additional terrorism offences attracting extended sentence: Scotland

148. Section 19 sets out a number of offences which will now attract an extended sentence in Scotland, including terrorist offences and where offences are found to have a terrorist connection by the court. It amends section 210A of 1995 Act to add as new Schedule 5ZC, as set out in Schedule 5 to this Act.

Section 20: Extended custodial sentences for serious terrorism offenders: Northern Ireland

149. Section 20 amends Article 14(1) of the 2008 Order to enable serious terrorism offences or other specified offences to attract extended custodial sentences in Northern Ireland, and also amends Article 14(8) to increase the maximum extended licence period of an extended sentence for a serious terrorism offence to 10 years.
150. Subsection (2) adds all serious terrorism offences to the scope of the extended sentence regime. This will apply to offenders convicted on indictment of a specified offence, or convicted of a serious terrorism offence after commencement of the provision.
151. Subsection (3) amends Article14(8) of the 2008 Order to ensure that where an extended custodial sentence is given to an offender in respect of a serious terrorism offence, the maximum extended licence period available is 10 years, where the offender is convicted after the commencement of section 20 of this Act.

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

152. Section 21 replaces Schedule 13 to the Sentencing Code with the Schedule set out in Schedule 6 to this Act. This Schedule lists offences which require the imposition of a SOPC, where an extended sentence or life sentence is not imposed. This will bring a wider number of terrorism offences into the SOPC regime, removing the possibility of them being eligible for a standard determinate sentence.

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

153. Section 22 inserts a new section 252A into the Sentencing Code. This introduces a special sentence of detention for terrorist offenders of particular concern aged under 18, when convicted of a terrorism offence listed in Schedule 13 of the Sentencing Code, where the criteria for a life sentence and an extended determinate sentence are not met. The new sentence comprises a custodial term and a fixed 12-month period on licence. In accordance with the commencement provisions in section 50, section 22 will come into force on the day after the day on which the Bill is passed.
154. New section 252A(1) details that section 252A applies where a person aged under 18 is convicted of a terrorism offence listed in Part 1 of Schedule 13, the offence was committed on or after the date on which section 22 of this Act comes into force, and when the court does not impose a sentence of detention for life under section 250 in accordance with 258(2) in the Sentencing Code, nor an extended sentence of detention under section 254 of the Sentencing Code. It applies where the court would, apart from new section 252A, impose a sentence of detention under section 250 or a detention and training order.
155. New section 252A(2) has the effect that for these purposes the court can disregard any restrictions to imposing a detention and training order on those under 12 (due to section 234(1)(a) of the Sentencing Code) or under 15 and not a persistent offender (due to section 235(3) of the Sentencing Code). In these circumstances, new section 252A(3) confirms that the court must impose a sentence of detention under section 252A.
156. New section 252A(4) defines that the term of the sentence must be equal to the aggregate of the appropriate custodial term as determined by the court and a further period of 1 year on licence. The aggregate of these must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
157. New section 252A(5) defines "the appropriate custodial term" as the term which ensures the sentence is "appropriate" in the opinion of the court. New section 252A(6) clarifies that in instances where an offence has been committed over a period of 2 or more days it will be taken for the purposes of section s252A(1), to have been committed on the last of those days.
158. Section 22(3) also consequentially amends sections 265 and 278 of the Sentencing Code which set out the special sentence of detention in a young offender institution for offenders of particular concern aged 18 to 20, and the SOPC for adults aged 21 and over at the time of conviction, respectively to align with the new section 252A terrorism special custodial sentence for those under 18 at the time of conviction. It also preserves the existing approach for those aged 18 or over who commit a specified sexual offence (as listed in Part 2 of Schedule 13 to the Sentencing Code). For these sexual offences, the SOPC under sections 265 and 278 of the Sentencing Code will continue to apply to those aged 18 or over when the offence was committed.

Section 23: Terrorism sentence with fixed licence period: Scotland

159. Section 23 inserts new section 205ZC to the Criminal Procedure (Scotland) Act 1995, which creates a new terrorism sentence with a custodial term and a fixed licence period of one year. Those receiving this sentence will only be eligible for early release at the two-thirds point of the custodial part of their sentence if the Parole Board decides that they do not pose a risk to the public. On release, offenders will be subject to a minimum one-year licence period, regardless of whether they are released early or serve their full custodial term.
160. New section 205ZC(1) requires that the court must impose the new terrorism sentence where a person is convicted of a terrorism offence on indictment that was committed on or after the day on which this provision comes into force and the court does not impose a sentence of imprisonment for life, an order for lifelong restriction, a sentence to detention without limit of time, a serious terrorism sentence under section 205ZB as inserted by this Act, or an extended sentence under section.
161. New section 205ZC(2) clarifies that this sentence does not apply to offenders aged under 18 at the time of conviction, where the offence was committed prior to this Act coming into force.. It will apply to those aged under 18 at the time of conviction, where the offence is committed on or after the day this provision comes into force.
162. New section 205ZC(3) requires that where the offender is aged 21 or over, the court must impose a sentence of imprisonment comprising the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of the 1993 Act.
163. New section 205ZC(4) outlines that if the offender is at least 16 years of age but under 21 (other than an offender falling under section 205ZC(5)) and where the court decides to impose a sentence of detention the court must impose a sentence of detention in a young offenders institution, comprising the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
164. New section 205ZC(5) requires if the offender is a child and the court decides to impose a sentence of detention, the place of detention will be determined under section 208 of the Criminal Procedure (Scotland) Act 1995, as will any conditions, and that the sentence term must comprise the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of 1993 Act.
165. New section 205ZC(6) defines that the "appropriate custodial term" is the term for the sentence that the court deems appropriate.
166. New section 205ZC(7) outlines that a sentence of imprisonment or a sentence of detention imposed under section 205ZC must not exceed the term that, at the time the offence was committed was the maximum term permitted for the offence.
167. New section 205ZC(8) defines a terrorism offence to mean an offence that is specified in Schedule 5ZB or any other offence committed on or after section 23 of this Act comes into force and has been aggravated by reason of having a terrorist connection under section 31 of the 2008 Act.
168. Section 23(3) inserts Schedule 5ZB to the 1995 Act (Schedule 7 of this Act), which defines the terrorism offences which attract the terrorism sentence with fixed licence period.

Section 24: Terrorism sentence with fixed licence period: Northern Ireland

169. Section 24 makes the corresponding amendments as made under section 23 of this Act but in respect of Northern Ireland. Section 24 inserts Article 15A to the 2008 Order to make provision for a new type of sentence for terrorist offenders with a fixed licence period of 12 months. Those receiving this sentence will only be eligible for early release at the two-thirds point of the custodial part of their sentence if the Parole Commissioners decides that they do not pose a risk to the public. On release, offenders will be subject to a minimum one-year licence period, regardless of whether they are released early or serve their full custodial term in detention. This aligns with the approach taken under section 23 in Scotland, and to the special sentence for offenders of particular concern in England and Wales, as amended by section 22.
170. New Article 15A(1) requires that the court must impose the new terrorism sentence, where a person is convicted after the commencement of this provision of a serious terrorism offence, a terrorism offence within Part 4 of Schedule 2A (as inserted by this Act) that is punishable with more than two years’ imprisonment, or any other offence where a terrorist connection is made.
171. Paragraphs (1)(b) and (c) clarify that this new type of sentence must apply where the court is not required to impose a life sentence or an indeterminate sentence under Article 13 of the 2008 Order, a serious terrorism sentence under Article 13A of the 2008 Order or an extended custodial sentence under Article 14 of the 2008 Order, but where the court decided to impose a custodial sentence.
172. Paragraph (2) clarifies that this sentence does not apply to offenders aged under 18 at the time of conviction where the offence was committed prior to this Act coming into force. It will apply to those aged under 18 at the point of conviction, where an offence is committed on or after the day this Act comes into force.
173. Paragraph (4) defines that if the offender is aged 21 or over at the time of conviction it must be a sentence of imprisonment for a term which is equal to the aggregate of the appropriate custodial term and a further period of one year on licence.
174. Paragraph (5) sets out provisions for when the offender is under 21 at the time of conviction, it must be a sentence of detention at such a place and conditions as the Department of Justice may direct, for a term which is equal to the aggregate of the appropriate custodial term and a further period of one year on licence.
175. Paragraph (6) provides that neither sentence term under paragraphs (4) or (5) should exceed the maximum term of imprisonment with which the offence is punishable (apart from Article 13). New article 15A(7) defines that the "appropriate custodial term" is the term for the sentence or the order that the court deems appropriate.
176. Paragraph (8) confirms expressly that detention under paragraph (5) will be detention in legal custody. Paragraph (9) directs that a court that imposes a sentence under this Article shall not impose a suspended sentence under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968. Paragraph (10) directs that remission shall not be granted under prison rules to an offender in respect of this sentence.

Section 25: Corresponding provision under service law

177. Section 25 provides for a corresponding provision in Schedule 8 for the sentences and changes in Part 1 of the Act to apply to those subject to service law (those serving in the Armed Forces).
178. Section 26: Increase in maximum sentences for certain terrorist offences
179. Section 26 provides for increases in the maximum sentences that are available for conviction on indictment for certain terrorism offences. Subsections (1)(a), (1)(b) and (2) respectively provide for the increases in the maximum sentences available for the three terrorism offences detailed in the table below:

     Offence	Current maximum sentence	New maximum sentence
     Membership of a proscribed organisation (section 11 of the Terrorism Act 2000)	10 years	14 years
     Inviting or expressing support for a proscribed organisation (section 12 of the Terrorism Act 2000)	10 years	14 years
     Attendance at a place used for terrorist training (section 8 of the Terrorism Act 2006)	10 years	14 years

180. Subsection (3) provides that the increases in the maximum sentences are available only in respect of offences that are committed on or after that date on which this section came into force and so will not apply to offences committed before that date.

Part 2: Release of terrorist offender

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

181. Part 2 of the Act provides for release arrangements for terrorist offenders. Although the sections which remove early release for dangerous terrorist prisoners refer to UK-jurisdiction specific sentencing provisions, Schedule 1 paragraph 15(2) of the Crime (Sentences) Act 1997 provides that prisoners who are transferred on an unrestricted basis are treated for the purposes of release as if the prisoner had been sentenced to an equivalent sentence in the receiving jurisdiction. By referring to all offences available in all UK jurisdictions in the corresponding Schedules, the Act ensures these transferred prisoners are captured by the removal of early release scheme if they are sentenced and released in two different UK jurisdictions.
182. In February 2020, the TORER Act 2020 made changes to the release of terrorist prisoners subject to fixed-term sentences in England, Wales and Scotland. For England and Wales, it created a new section 247A of the 2003 Act, so that the Secretary of State must refer terrorist offenders serving any determinate sentence to the Parole Board at the two-thirds point of the custodial term. It requires that the prisoner may only be released from the two-thirds point onwards, once the Parole Board has directed that it is no longer necessary for the protection of the public that the offender should be confined. For extended sentence prisoners, if the Board do not direct discretionary release, release will be automatic at the end of the custodial term. The Act amendments to section 247A of the 2003 Act will remove the early consideration by the Parole Board for release for extended sentence prisoners falling into the criteria in new subsection (2A), so such prisoners will serve their full custodial term before release.
183. Section 27(2)(a) inserts reference to Parts 1 and 2 of Schedule 19ZA into section 247A of the 2003 Act, and section 27(3) substitutes a replacement Schedule 19ZA, specifying the relevant offences to which the amended restricted release provisions apply. Section 27(2)(b) inserts a new subsection (2A) into section 247A of the 2003 Act, disapplying the two-thirds parole referral part of this provision for certain terrorist offenders sentenced to an extended sentence. New subsection (2A), read with subsections (7) and (8) of section 247A, provide that where a terrorist offender is sentenced to an extended determinate sentence or a new serious terrorism sentence on or after the date section 27 comes into force, for an offence with a maximum penalty of life imprisonment, they will not be referred to the Parole Board but will instead be released at the end of their custodial term. The new provision will apply regardless of whether the offender is an adult or under 18, or was sentenced under the 2003 Act or the Sentencing Code.

Section 28: Removal of early release on licence for certain terrorist prisoners: Scotland

184. The TORER Act 2020 amended the 1993 Act, to mirror the provisions for England and Wales, so that Scottish Ministers must refer terrorist offenders serving an extended sentence to the Parole Board at the two-thirds point of the custodial term. It requires that the prisoner may only be released from the two-thirds point once the Parole Board has directed that it is no longer necessary for the protection of the public that the offender should be confined. If the Board does not direct such release, extended sentence prisoners will be automatically released at the end of their custodial term. Section 28 makes the corresponding amendments as made under section 27 of this Act but for Scotland, so reference to the Parole Board for early release is disapplied for prisoners serving extended sentences and serious terrorism sentences falling within the criteria of new subsection (2A), and such prisoners will instead serve the entire custodial period.
185. Section 28(2)(a) inserts reference to Parts 1 and 2 of Schedule 1A into section 1AB of the 1993 Act, and section 28(3) substitutes a replacement Schedule 1A, specifying the relevant offences to which the amended restricted release provisions apply.
186. Section 28(2)(b) inserts a new subsection (2A) into section 1AB of the 1993 Act, disapplying the two-thirds parole referral part of this provision for certain terrorist offenders serving an extended sentence. New subsection (2A) provides that, where a terrorist offender is sentenced to an extended sentence or a new serious terrorism sentence on or after the date the section comes into force, for an offence with a maximum penalty of life imprisonment, they will not be referred to the Parole Board (the result of which is they will instead be automatically released at the end of their custodial term). The new provision will apply regardless of whether the offender is an adult or under 18.

Section 29: Further provision about release of terrorist prisoners: Scotland

187. Section 29 ensures that Part 1 of the 1993 Act applies, with modifications, to persons subject to a terrorism sentence by inserting new section 26ZA into the 1993 Act.
188. New section 26ZA defines a terrorism sentence as a new serious terrorism sentence, the new terrorism sentence with a fixed licence period and an extended sentence imposed for a terrorism offence.
189. Sections 26ZA(3), (9) and (10) set out how the rest of Part 1 of the 1993 Act will apply to a terrorism sentence in relation to working out the custodial period, and sections 26ZA(4) and (6) provide for the extended licence period to apply on release from the custodial period.
190. Sections 26ZA(7) and (8) set out how extension periods are to be served where there is more than one terrorism sentence being served, in that the licence periods from each sentence are added together. Section 26ZA(11) defines "appropriate custodial term" and "extension period" for the purposes of Section 26ZA.

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

191. Section 30 applies release restrictions to specified terrorist offenders in Northern Ireland, equivalent of those established in England and Wales and Scotland in the TORER Act 2020, so they serve two-thirds of their custodial term before being referred to the Parole Commissioners to consider release. These restrictions apply to all specified terrorist offenders who have not been released on licence, whether sentenced before or after the date of commencement.
192. Subsection (1) inserts a new release provision into the 2008 Order, Article 20A, applying to all relevant terrorist offenders, standardising their first eligible release point to the two-thirds point of their sentence and referring all such offenders to the Parole Commissioners for consideration of whether they are safe to release from that point, prior to the end of their sentence (or custodial term).
193. New Article 20A(1) provides for the revised release arrangements to apply to all fixed-term prisoners, including those sentenced before commencement.
194. New Article 20A(2) specifies the terrorism and terrorism-connected offences to which the release arrangements of Article 20A will apply, as set out in the new Schedule 2A to the 2008 Order, including corresponding service offences.
195. New Article 20A(3) to (7) provides for restrictions on early release for terrorist offenders serving determinate custodial sentences, extended sentences imposed before commencement of the provisions, or where the maximum penalty for the offence is not life imprisonment, and the new terrorism sentence. New paragraphs (3) and (4) provide that the Department of Justice must release the prisoner once the relevant part of the sentence is served (defined in paragraph (9) ) and the Parole Commissioners have directed release, only once they have determined that it is no longer necessary for the protection of the public that the prisoner should be confined.
196. New Article 20A(5) provides for the terrorist offender’s case to be referred to the Parole Commissioners at the two-thirds point of the sentence and then every two years from the original referral unless otherwise specified by the Parole Commissioners (including after recall on licence).
197. New Article 20A(6) clarifies that if a relevant terrorist offender has been referred to the Parole Commissioners and they did not direct the release of the prisoner, they must be referred again by the Department of Justice no later than two years from the date of the last reference.
198. New Article 20A(7) provides that any time spent unlawfully at large will not be counted towards the relevant part of the sentence.
199. New Article 20A(8) provides for automatic "first release" on licence at the end of the appropriate custodial term for those offenders serving the new serious terrorism sentence, the new terrorism sentence or an extended custodial sentence.
200. New Article 20A(9) defines terms in Article 20A, including defining "relevant part of the sentence" as two-thirds of the custodial term or sentence.
201. New Article 20A(10) provides for relevant extended sentence offenders who have already begun their parole review process before commencement of the Act, bringing them into the scope of the provisions for subsequent referrals to the Parole Commissioners.
202. Section 30(2) makes it clear that those offenders who have already received a release direction from the Commissioners, who remain in prison, are unaffected by the provisions of the Act.

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

203. Section 31 amends Article 20A of the 2008 Order (as inserted by section 30). It provides that where a terrorist offender is sentenced to an extended sentence or a new serious terrorism sentence on or after the date the section comes into force, for an offence with a maximum penalty of life imprisonment, they will not be referred to the Parole Commissioners but will instead be released at the end of their custodial term. The new provision will apply regardless of whether the offender is an adult or under 18. This aligns Northern Ireland with the changes in section 27 for England and Wales and section 28 for Scotland.

Section 32: Polygraph licence conditions for terrorist offenders released on licence: England and Wales

204. Section 32 of the Act amends section 28 of the Offender Management Act 2007 ("the 2007 Act") which provides for specified offenders serving a relevant custodial sentence (defined in section 28(3) of the 2007 Act) to have a condition included in their licence requiring them to undergo polygraph testing. Section 32 extends the provision of polygraph testing to adult terrorist offenders subject to the release provisions of section 247A of the 2003 Act, or those who have committed an offence with a determined terrorist connection (or the service offence equivalent).
205. Subsection (3) amends section 29 of the 2007 Act to provide that rules made under section 29(6) relating to the conduct of polygraph sessions may make different provision for different purposes, consequential and other amendments. This is so that different rules could be made for different types of offending. As enacted, polygraph provisions only applied to sex offenders, so this provision provides flexibility should different rules be required for terrorist offenders.

Section 33: Release on licence of terrorist prisoners repatriated to the United Kingdom

206. This section introduces Schedule 11, which sets out arrangements for release on licence of terrorist prisoners repatriated to the United Kingdom, so that their release provisions are consistent with the provisions in the Act as compared to those sentenced in the UK.

Part 3: Prevention and investigation of terrorism

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

207. Section 34 amends section 3(1) TPIMA 2011 to lower the standard of proof for imposing a TPIM from "balance of probabilities" to "reasonable belief". The Secretary of State must therefore reasonably believe that an individual is, or has been, involved in terrorism-related activity before imposing a TPIM notice.

Section 35: TPIMs: extension of time limit

208. Section 35 amends section 5 TPIMA 2011 to extend the maximum duration of a TPIM from two to five years. The effect of this is that a TPIM notice will continue to last for one year at a time but be capable of annual renewal up to a maximum of five years (provided the conditions in section 3 of that Act continue to be met).
209. Sections 35(3) to (6) make consequential amendments to TPIMA 2011 flowing from the extension of the time limit to five years. In particular, subsection (7) makes it clear that the amendment to section 5 TPIMA 2011 does not apply to TPIM notices in place before this section comes into force: TPIMs imposed before this date will last for a maximum of 2 years.

Section 36: TPIMs: variation of measures

210. Section 36 inserts an additional ground for variation into section 12 TPIMA 2011. By virtue of this amendment, it will be possible for the Secretary of State to vary the relocation measure in a TPIM notice if considered necessary for resource reasons. This power will only apply where the individual has already been relocated away from his home address, and where the national security reason for requiring relocation still exists.
211. A non-exhaustive example of when this power might be relied on is as follows: a TPIM subject is relocated away from his home address to a residence in area X. During the life of the TPIM, police resources in area X become stretched or more specialist resources are available elsewhere, so the relocation measure is varied to provide for a new residence in area Y, and the TPIM subject is required to move there.
212. Section 36(3) amends section 16 of TPIMA 2011 (appeals and court proceedings) to include this additional ground of variation. Decisions to vary the relocation measure for resource reasons will therefore be capable of appeal. As with other unilateral variations to the TPIM notice, the function of the appeal court will be to review whether the variation was necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity. But additionally, for variations to the relocation measure on resource grounds, the function of the appeal court will also be to review whether the variation was indeed necessary for the efficient and effective use of resource.
213. The amendments in section 36 have no effect on the other grounds of variation provided for in section 12(1) TPIMA 2011. A TPIM notice will therefore continue to be capable of variation if it consists of the relaxation or removal of measures; by consent of the TPIM subject; or to prevent or restrict a TPIM subject’s involvement in terrorism-related activity.

Section 37: TPIMs: extension of residence measure

214. Section 37 amends the Overnight residence measure in Schedule 1 TPIMA 2011 to remove the word "overnight". The consequence of this is that the newly-named "Residence measure" will now allow the Secretary of State to require a TPIM subject to remain at or within a specified residence between any such hours as are specified. This period could be longer than overnight if considered necessary in a particular case (subject to the overriding restrictions on length of curfews established by caselaw relating to Article 5 of the European Convention on Human Rights).

Section 38: TPIMs: polygraph measure

215. Section 38 inserts a new measure into Schedule 1 TPIMA 2011: a polygraph measure. Polygraphy is a means of measuring certain physiological responses that may be associated with deception. This section allows the Secretary of State to impose a requirement on an individual who is subject to a TPIM notice to participate in a polygraph examination for the purposes of: (i) monitoring their compliance with their other TPIM measures; and (ii) assessing whether variation of those other measures is necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity. The availability of polygraph as a TPIM measure provides a potential additional source of information about individuals of terrorism concern which can assist with the management of TPIM subjects. The results of the polygraph examination could be used to vary the individual’s measures. This might take the form of a relaxation (for example removing or easing a measure), or adding a further restriction, provided it is necessary and proportionate to do so.
216. New paragraph 10ZA(2) of Schedule 1 TPIMA 2011 provides a power for the Secretary of State to make regulations governing the conduct of polygraph testing.
217. New paragraph 10ZA(4) provides that the information gleaned during the polygraph test (either by way of admission, or by physiological reaction) will not be used in evidence against the TPIM subject for the prosecution of a criminal offence.
218. Section 38(2) provides that instructions given to TPIM subjects by polygraph operators are "TPIM decisions" and so cannot be questioned in legal proceedings other than in the High Court (or, in Scotland, the Outer House of the Court of Session) (or, in Northern Ireland, the High Court in Northern Ireland).

Section 39: TPIMs: drug testing measure

219. Section 39 inserts a new measure into Schedule 1 TPIMA 2011: a drug testing measure. If imposed, a TPIM subject would be required to submit to drug testing by way of providing a relevant sample. As with the other measures in Schedule 1, this measure may only be imposed if Condition D in section 3 of the Act is met (or by way of variation under section 12).
220. Testing is limited to testing for the presence of specified Class A and B drugs. Those drugs are the same as the Class A and B drugs specified in the Criminal Justice and Court Services Act 2000.
221. The definition of "permitted sample" in new paragraph 10ZB(2) of TPIMA 2011 sets out an exhaustive list of the non-intimate samples which may be taken, mirroring the definition of "non-intimate sample" in section 65 of the Police and Criminal Evidence Act 1984.
222. Drug testing under this section may only be carried out by a constable at a police station, but new paragraph 10ZB(2) contains a power for the Secretary of State to make regulations prescribing additional or alternative testers and places of testing. Paragraph 10ZB(4) provides that these regulations may make different provision for different purposes or areas, and incidental or supplemental provision.
223. Section 39(2) provides that directions given to TPIM subjects by persons authorised to take samples for drug-testing purposes are "TPIM decisions" and so cannot be questioned in legal proceedings other than in the High Court (or, in Scotland, the Outer House of the Court of Session and, in Northern Ireland, the High Court in Northern Ireland).

Section 40: TPIMs: provision of information

224. Section 40 amends an existing measure and inserts a new measure into Schedule 1 TPIMA 2011, to allow the Secretary of State to require the provision of additional information.
225. Subsection (2) amends the Electronic Communication Device measure in two ways. First, to require the TPIM subject to provide details of any electronic communication devices possessed or used by the TPIM subject or any other individuals in the TPIM subject’s residence (for example, mobile phone numbers of family members residing with the TPIM subject). Secondly, to clarify that the definition of "electronic communication device" includes not only those devices which are designed or adapted for connecting to the internet, but also those capable of being adapted to do so (likewise for fax transmissions).
226. Subsection (3) inserts a new measure into Schedule 1 TPIMA 2011: to enable the Secretary of State to require a TPIM subject to provide details of their address. This could be required, for example, if a TPIM subject has not been relocated and moves house during the life of the TPIM. Where a TPIM subject resides in a multiple occupancy property, they may be required to give precise details about which room they live in.
227. Subsection (3) also inserts new paragraph 12A(2) into Schedule 1 TPIMA 2011 which provides a power for the Secretary of State to specify other conditions in connection with the disclosure of the address information. This power could be relied upon to require a TPIM subject to give relevant notice a certain time ahead of a planned move.

Section 41: TPIM annual review

228. Section 41 amends section 20 TPIMA 2011 to require an annual review of that Act by the Independent Reviewer of Terrorism Legislation ("IRTL") for a period of five years beginning with 2022 (with reviews at the discretion of the reviewer after that point).

Section 42: Additional offences attracting notification requirements

229. Section 42 amends section 41(1) of the 2008 Act to add the offences of breach of a requirement specified in a TPIM notice (an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011) and breaching a restriction or an obligation specified in a temporary exclusion order (an offence under section 10 of the Counter-Terrorism and Security Act 2015) to the list of relevant terrorism offences that trigger the notification requirements under Part 4 of the 2008 Act.

Section 43: Police powers to apply for serious crime prevention orders in terrorism cases

230. Section 43 refers to Schedule 12 which enables the police to make a direct application to the High Court (or in Scotland the Court of Session) for a Serious Crime Prevention Order (SCPO) in relation to individuals over the age of 18 involved in terrorism, supporting their use in terrorism cases.

Section 44: Serious crime prevention orders: review of operation of police powers

231. Section 44 requires the Secretary of State to review the operation of these amendments and publish the outcome of the review in a report. The report must be published within 3 years of section 44 coming into force.

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

232. Section 45(1) amends section 20 of the CTBSA 2019 to remove the statutory deadlines relating to the independent review of the Prevent Strategy, that were provided by section 20(8) and (9) respectively. Section 45 does not amend the obligations to which the Secretary of State is subject under those provisions, other than the specified deadlines.
233. Subsection (1) amends section 20(8) and (9) of the Counter-Terrorism Act 2019. Subsection (2) provides that the amendments made by section 45(1) are treated as having had effect from the time when section 20 of the CTBSA 2019 came into force. This provision is included to address any past periods during which the statutory deadline was not met.

Part 4: General

Section 46: Consequential and related amendments

234. Section 46 provides for Schedule 13 which contains consequential amendments.

Section 47: Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

235. Section 47 gives the Secretary of State the power to amend the Sentencing Code to incorporate changes to provisions made by this Act, using the power contained in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions).

Section 48: Power to make further consequential provision

236. Section 48 gives the Secretary of State the power to make consequential, transitional, transitory or saving provision by regulations in relation to any provision in the Act, by statutory instrument. Such provision may amend, repeal, or revoke primary legislation if it has been approved by each House of Parliament. This provision covers legislation made by Parliament, by the Scottish Parliament, by Senedd Cymru, or through Northern Ireland legislation. Such regulations are to be made by the affirmative Parliamentary process if amending primary legislation, otherwise by the negative procedure.
237. Section 48 also amends the Criminal Justice and Court Services Act 2000 and its power to make consequential amendment. Section 61 of the Criminal Justice and Court Services Act 2000 abolishes the sentence of detention in a young offender institution (known as "DYOI"), but it has never been put into effect. The section enables a power to make any amendments which would arise as a consequence of sentences of detention in young offender institutions (known as "DYOI") being abolished by that Act, to ensure an exact correspondence between the Sentencing Code (which would make the consequential amendments that would be required as a result of the abolition of DYOI) and this Act so that the DYOI provisions in this Act are legally effective.

Section 49: Extent

238. Section 49 explains the territorial extent of the provisions in the Act. The Act contains provisions that extend to England and Wales, Scotland, and Northern Ireland. Provisions in the Act that change existing legislation are only applicable to the territories to which the existing legislation extends. Certain provisions can also be extended to the Channel Islands or Isle of Man as per the powers specified in this section.

Section 50: Commencement

239. Section 50 states when each provision in this Act comes into force. Some provisions commence on the day after the day on which the Act is passed; others at two months from the date on which the Act is passed; and remaining provisions come into force on a day the Secretary of State appoints by regulation. Provisions relating to service law will be brought into force by commencement regulations for the purposes of sentencing in the service courts.

Section 51: Short title

240. Section 51 gives the shortened title by which the Act can be referred to.