Counter-Terrorism and Sentencing Act 2021

Offences to be sentenced as terrorist offences

1 Offences aggravated by terrorist connection

(1) The Sentencing Code is amended as set out in subsections (2) and (3).

(2) In section 69 (offences aggravated by terrorist connection)—

(a) in subsection (1), for the words from “specified” to the end substitute “within subsection (4) or (5)”;

(b) after subsection (3) insert—

“(4) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years, and

(c) is not specified in Schedule A1.

(5) An offence is within this subsection if it—

(a) was committed before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 1.

(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4) and (5) to have been committed on the last of those days.”

(3) Before Schedule 1 insert, as Schedule A1, the Schedule set out in Part 1 of Schedule 1 to this Act.

(4) The Counter-Terrorism Act 2008 is amended as follows.

(5) In section 30 (offences aggravated by terrorist connection: Northern Ireland)—

(a) in subsection (1), for the words from “specified” to the end substitute “within subsection (5A) or (5B)”;

(b) after subsection (5) insert—

“(5A) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(5B) An offence is within this subsection if it—

(a) was committed—

(i) on or after 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which extended this section to Northern Ireland, came into force), but

(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 2.

(5C) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (5A) and (5B) to have been committed on the last of those days.”;

(c) omit subsection (6).

(6) In section 31 (offences aggravated by terrorist connection: Scotland)—

(a) in subsection (1), for the words from “specified” to “considered)” substitute “within subsection (4A) or (4B)”;

(b) after subsection (4) insert—

“(4A) An offence is within this subsection if it—

(a) was committed on or after the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) is punishable on indictment with imprisonment for more than 2 years (or would be so punishable in the case of an offender aged at least 21), and

(c) is not specified in Schedule 1A.

(4B) An offence is within this subsection if it—

(a) was committed—

(i) on or after the relevant date, but

(ii) before the day on which section 1 of the Counter-Terrorism and Sentencing Act 2021 came into force, and

(b) is specified in Schedule 2.

(4C) The relevant date for the purposes of subsection (4B)(a)(i) is—

(a) 18 June 2009 (being the date on which this section came into force), in relation to any offence that is not mentioned in paragraph (b);

(b) 12 April 2019 (being the date on which section 8 of the Counter-Terrorism and Border Security Act 2019, which amended Schedule 2, came into force) in relation to any of the following offences under the law of Scotland—

(i) assault by explosive device;

(ii) assault to severe injury;

(iii) assault and poisoning;

(iv) poisoning.

(4D) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (4A) to (4C) to have been committed on the last of those days.”;

(c) omit subsection (5).

(7) After Schedule 1 insert, as Schedule 1A, the Schedule set out in Part 2 of Schedule 1 to this Act.

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

In the Sentencing Code—

(a) in section 306 (extended sentences: meaning of “specified offence” etc), in subsection (2), after the definition of “serious harm” insert—

• ““serious terrorism offence” means an offence that—

  (a)

  is specified in Part 1 of Schedule 17A, or

  (b)

  is specified in Part 2 of that Schedule and has been determined to have a terrorist connection under section 69;”;

(b) after Schedule 17 insert, as Schedule 17A, the Schedule set out in Schedule 2 to this Act.

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

(1) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is amended as follows.

(2) In Article 12 (interpretation of Chapter 3 of Part 2 (dangerous offenders and other terrorist offenders))—

(a) in paragraph (3), before the definition of “life sentence” insert—

• ““determination of terrorist connection”, in relation to an offence, means a determination by the court that the offence has a terrorist connection under section 30 of the Counter-Terrorism Act 2008;”;

(b) after paragraph (5) insert—

“(6) Schedule 2A specifies certain terrorism offences, and other offences which may be determined to have a terrorist connection, for the purposes of various provisions of this Chapter and Chapter 4, and makes related provision.

(7) In this Chapter “serious terrorism offence” means—

(a) an offence within Part 2 of Schedule 2A (terrorism offences punishable with life imprisonment); or

(b) an offence within Part 3 of that Schedule (offences with possible terrorist connection punishable with life imprisonment) in respect of which a determination of terrorist connection is made.”

(3) After Schedule 2 insert, as Schedule 2A, the Schedule set out in Schedule 3 to this Act.