Counter-Terrorism and Sentencing Act 2021

Serious terrorism sentence for services offences

2 After section 219 insert—

“219ZA Serious terrorism sentence: offenders aged 18 or over

(1) This section applies where—

(a) a person is convicted by the Court Martial of a serious terrorism offence (see subsection (11));

(b) the offence was committed on or after the day on which paragraph 2 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 came into force;

(c) the offender was aged 18 or over when the offence was committed;

(d) the court is of the required opinion (see section 223(1A));

(e) the court does not impose a sentence of custody for life or (as the case may be) a sentence of imprisonment for life; and

(f) the risk of multiple deaths condition is met.

(2) The risk of multiple deaths condition is that the court is of the opinion that—

(a) either—

(i) the serious terrorism offence, or

(ii) the combination of the offence and one or more offences associated with it,

was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and

(b) the offender was, or ought to have been, aware of that likelihood.

(3) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any deaths actually occurred.

(4) Where the offender is aged under 21 when convicted of the serious terrorism offence, section 268B(2) of the Sentencing Code (duty to impose a serious terrorism sentence of detention in young offender institution under section 268A) applies in relation to the offender.

(5) Section 268C of the Sentencing Code applies where a court is required to impose a serious terrorism sentence under section 268A by virtue of this section.

(6) In its application to an offender by virtue of subsection (5)—

(a) section 268C(2)(b) of the Sentencing Code has effect as if—

(i) for “section 231(2)” there were substituted “section 261(2) of the Armed Forces Act 2006”, and

(ii) after “section 265” there were inserted “passed as a result of section 224A of that Act”, and

(b) section 268C(3) of the Code has effect as if after “other specified offences” there were inserted “or further acts or omissions that would be serious terrorism offences or other specified offences if committed in England and Wales”.

(7) Where the offender is aged 21 or over when convicted of the serious terrorism offence, section 282B(2) of the Sentencing Code (duty to impose serious terrorism sentence of imprisonment under section 282A) applies in relation to the offender.

(8) Section 282C of the Sentencing Code applies where a court is required to impose a serious terrorism sentence under section 282A by virtue of this section.

(9) In its application to an offender by virtue of subsection (8)—

(a) section 282C(2)(b) of the Sentencing Code has effect as if—

(i) for “section 231(2)” there were substituted “section 261(2) of the Armed Forces Act 2006”, and

(ii) after “section 278” there were inserted “passed as a result of section 224A of that Act”, and

(b) section 282C(3) of the Code has effect as if, after “other specified offences” there were inserted “or further acts or omissions that would be serious terrorism offences or other specified offences if committed in England and Wales”.

(10) 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 subsection (1) to have been committed on the last of those days.

(11) In this section “serious terrorism offence” means—

(a) an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is specified in Part 1 of Schedule 17A to the Sentencing Code, or

(b) an offence under that section—

(i) as respects which the corresponding offence under the law of England and Wales is specified in Part 2 of that Schedule, and

(ii) which has been determined to have a terrorist connection under section 69 of the Code as applied by section 238(6) of this Act.”