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Counter-Terrorism And Sentencing Act 2021

Contents

Commencement

  1. A number of provisions will come into force on the day after the day on which this Act is passed:
    1. section 3 and Schedule 3, which define the offences relevant for the provisions of this Act insofar as they relate to Northern Ireland, to the extent that they relate to section 26, which comes into effect at the same time;
    2. section 21, which adds further offences that will attract a SOPC in England and Wales, and Schedule 6 which defines them;
    3. section 22, which creates a new special custodial sentence with a fixed licence period for terrorist offenders aged under 18 in England and Wales;
    4. section 23, which creates a new terrorism sentence with a fixed licence period for terrorist offenders in Scotland, and Schedule 7, which defines the offences that will attract this sentence;
    5. section 24, which creates a new terrorism sentence with a fixed licence period for terrorist offenders in Northern Ireland;
    6. section 30, which removes automatic early release from custody for terrorist offenders in Northern Ireland, and will apply to both serving prisoners and those sentenced after the Act is passed;
    7. section 45, which removes the statutory deadline for the completion of the review of the Prevent programme;
    8. sections 47 to 49 (including this section) and section 51, which are general provisions essential to the effective functioning of the Act;
    9. a number of the consequential amendments contained in Schedule 13, and section 46 to the extent that it relates to those paragraphs.
  2. A further set of provisions come into force at the end of the period of two months beginning with the day on which this Act comes into force:
    1. section 1, which makes provision to require the Court, in cases where it appears that any non-terrorism offence with a maximum penalty of over two years was committed in the course of an act of terrorism, or for the purposes of terrorism, to actively consider whether the offence was committed with a terrorist connection and should be aggravated as such. Schedule 1, which lists the offences the court need not consider whether they have a terrorist connection as they are terrorism offences;
    2. section 2, which defines a serious terrorism offence for the purposes of sentencing an offender to a serious terrorism sentence or an extended sentence, and Schedule 2, which inserts the list of offences which will attract this sentence into the Sentencing Code;
    3. sections 4 and 5, which create the serious terrorism sentence for England and Wales;
    4. section 6, which creates the serious terrorism sentence for Scotland, and Schedule 4, which sets out the offences that will attract this sentence;
    5. sections 7 to 10, which make a number of amendments relating to the sentencing of terrorism offenders, including the creation of a new serious terrorism sentence for Northern Ireland, reduction in custodial term for guilty pleas in England and Wales, and Scotland, and a reduction in custodial term for assisting the prosecution in England and Wales;
    6. section 11 (with exception of the subsections specified), which sets minimum terms for serious terrorism offenders receiving a life or indeterminate sentence in England and Wales.
    7. sections 12 to 14, which set minimum terms for serious terrorism offenders receiving a life or indeterminate sentence in Scotland or Northern Ireland;
    8. section 15 (with exception of the subsections specified), which sets additional offences attracting an extended sentence in England and Wales;
    9. section 16 (with exception of the subsections specified), which increases the maximum extension period for serious terrorism offenders under 18 in England and Wales;
    10. sections 17 and 18 (with exception of the subsections specified), which increases the maximum extension period for serious terrorism offenders under and over 21 in England and Wales;
    11. section 19, which sets out which sentences will now attract an extended sentence in Scotland, and Schedule 5 which lists these;
    12. section 20, which enables serious terrorism offences to attract extended sentences in Northern Ireland, and increases their extension period to a maximum of 10 years;
    13. section 26, which increases the maximum sentence available for certain terrorist offences;
    14. section 27, which removes the possibility of early release for dangerous terrorist prisoners sentenced to an extended sentence in England and Wales, and Schedule 9, which defines which offences are covered by this;
    15. section 28, which removes the possibility of early release for dangerous terrorist prisoners sentenced to an extended sentence in Scotland, and Schedule 10, which defines which offences are covered by this;
    16. section 29, which sets out further provision about the release of terrorist prisoners in Scotland, setting out that they must be subject to minimum licence periods;
    17. section 31, which removes the possibility of early release for terrorist prisoners sentenced to either a serious terrorism sentence or extended sentence in Northern Ireland
    18. section 32, which introduces polygraph examinations as a licence condition for terrorist offenders on licence in England and Wales;
    19. section 33 and Schedule 11, covering arrangements for the release of terrorist prisoners repatriated to the UK;
    20. sections 34 to 42, which amend arrangements associated with TPIMs and notification requirements;
    21. section 43 and Schedule 12, which provide police powers to apply for a serious crime prevention order in cases of terrorism;
    22. section 44, which requires a review of the operation of police powers in relation to the use of serious crime prevention orders;
    23. a number of the consequential amendments contained in Schedule 13.
  3. The remaining provisions come into force by regulation.

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