Counter-Terrorism and Sentencing Act 2021

24 Terrorism sentence with fixed licence period: Northern Ireland

In the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), after Article 15 insert—

“15A Terrorism sentence with fixed licence period

(1) This Article applies where—

(a) a person is convicted after the commencement of section 24 of the Counter-Terrorism and Sentencing Act 2021 of—

(i) a serious terrorism offence;

(ii) an offence within Part 4 of Schedule 2A (terrorism offences punishable with more than two years’ imprisonment); or

(iii) any other offence in respect of which a determination of terrorist connection is made;

(b) the court does not impose, in respect of the offence or any offence associated with it, a life sentence, an indeterminate custodial sentence, a serious terrorism sentence or an extended custodial sentence; and

(c) the court decides to impose a custodial sentence.

(2) But this Article does not apply where—

(a) the offender is under the age of 18 when convicted of the offence; and

(b) the offence was committed before the commencement of section 24 of the Counter-Terrorism and Sentencing Act 2021.

(3) The court shall impose on the offender a sentence under this Article.

(4) Where the offender is aged 21 or over, a sentence under this Article is a sentence of imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term; and

(b) a further period of one year for which the offender is to be subject to a licence.

(5) Where the offender is under the age of 21, a sentence under this Article is a sentence of detention at such place and under such conditions as the Department of Justice may direct for a term which is equal to the aggregate of—

(a) the appropriate custodial term; and

(b) a further period of one year for which the offender is to be subject to a licence.

(6) The term under paragraph (4) or (5) must not exceed the maximum term of imprisonment with which the offence is punishable (apart from Article 13).

(7) In paragraphs (4)(a) and (5)(a), the “appropriate custodial term” means the term that, in the opinion of the court, ensures that the sentence is appropriate.

(8) A person detained pursuant to the directions of the Department of Justice under paragraph (5) shall while so detained be in legal custody.

(9) A court which imposes a sentence under this Article shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences) in relation to that sentence.

(10) Remission shall not be granted under prison rules to the offender in respect of a sentence under this Article.”