Counter-Terrorism and Border Security Act 2019

PART 1 Consequential amendments relating to section 9

Children and Young Persons Act 1933 (c. 12)

1 In the Children and Young Persons Act 1933, in section 49 (restrictions on reports of proceedings in which children or young persons are concerned)—

(a) in subsection (6)—

(i) omit “or” at the end of paragraph (b);

(ii) after paragraph (b) insert—

“(ba) a terrorism offence, or”;

(b) in subsection (11), after the definition of “specified” insert—

• ““terrorism offence” means an offence listed in Part 3 of Schedule 15 to the Criminal Justice Act 2003;”.

Parliamentary Commissioner Act 1967 (c. 13)

2 In the Parliamentary Commissioner Act 1967, in section 5 (matters subject to investigation), in subsection (1B)(b) for “or violent” substitute “, violent or terrorism”.

Bail Act 1976 (c. 63)

3 (1) The Bail Act 1976 is amended as follows.

(2) In section 2 (interpretation), in subsection (2), after the definition of “surrender to custody” insert—

• ““terrorism offence” means an offence specified in Part 3 of Schedule 15 to the Criminal Justice Act 2003,”.

(3) In section 3AA (conditions for the imposition of electronic monitoring requirements on children and young persons other than in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

(4) In section 3AAA (conditions for the imposition of electronic monitoring requirements on children and young persons in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

Repatriation of Prisoners Act 1984 (c. 47)

4 In the Repatriation of Prisoners Act 1984, in the Schedule (operation of certain enactments in relation to prisoners to whom the Act applies), in paragraph 2(3A) for “or sexual” substitute “, sexual or terrorism”.

Police and Criminal Evidence Act 1984 (c. 60)

5 In the Police and Criminal Evidence Act 1984, in section 38 (duties of custody officer after charge), in subsection (6A)—

(a) after the definition of “sexual offence” insert—

• ““terrorism offence” means an offence specified in Part 3 of that Schedule;”;

(b) in the closing words, for “or sexual” substitute “, sexual or terrorism”.

Road Traffic Offenders Act 1988 (c. 53)

6 In the Road Traffic Offenders Act 1988, in section 35A (extension of disqualification where custodial sentence also imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

7 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 106A (interaction between detention and training order and sentence of detention), in subsection (1), in paragraph (b) of the definition of “sentence of detention”, for “or sexual” substitute “, sexual or terrorism”.

(3) In section 147A (extension of driving disqualification where custodial sentence imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Licensing Act 2003 (c. 17)

8 In the Licensing Act 2003, in Schedule 4 (personal licence: relevant offences), after paragraph 19A insert—

“19B An offence listed in Part 3 of Schedule 15 to the Criminal Justice Act 2003 (specified terrorism offences).”

Criminal Justice Act 2003 (c. 44)

9 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In Schedule 15 (specified offences for the purposes of certain sentencing provisions in Chapter 5 of Part 12, relating to dangerous offenders), in Part 1 (specified violent offences) omit the following paragraphs (which mention terrorism offences that appear in the new Part 3, to be inserted by section 9 of this Act)—

(a) paragraph 59A;

(b) paragraph 59B;

(c) paragraph 59C;

(d) paragraph 59D;

(e) paragraph 60A;

(f) paragraph 60B;

(g) paragraph 60C;

(h) paragraph 63B;

(i) paragraph 63C;

(j) paragraph 63D;

(k) paragraph 63E;

(l) paragraph 63F.

(3) In Schedule 18A (offences for which a special custodial sentence for certain offenders of particular concern may be imposed)—

(a) in paragraph 7, for “the Terrorism Act 2000” substitute “that Act”;

(b) in paragraph 14, for “the Terrorism Act 2006” substitute “that Act”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

10 In the following provisions of the Domestic Violence, Crime and Victims Act 2004 (which relate to duties of local probation boards in connection with victims of sexual or violent offences), for “or violent” substitute “, violent or terrorism”—

(a) section 35(1)(a);

(b) section 36(2);

(c) section 39(1)(a);

(d) section 42(1)(a);

(e) section 45(2).

Armed Forces Act 2006 (c. 52)

11 (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) in subsection (5)(d), after “specified sexual offence” (in both places) insert “or a specified terrorism offence”;

(c) in subsection (6), after ““specified sexual offence”” insert “, “specified terrorism offence””.

(3) In section 221A (extended sentence for certain violent or sexual offenders aged under 18)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) in subsection (3)(d), after “specified sexual offence” (in both places) insert “or a specified terrorism offence”;

(c) in subsection (4), after ““specified sexual offence”” insert “, “specified terrorism offence””.

Coroners and Justice Act 2009 (c. 25)

12 (1) The Coroners and Justice Act 2009 is amended as follows.

(2) In section 126 (determination of tariffs etc), in subsection (2)—

(a) in paragraph (c), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (d), for “or sexual” substitute “, sexual or terrorism”.

(3) Omit section 138 (which inserted certain terrorism offences into Part 1 of Schedule 15 to the Criminal Justice Act 2003).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

13 (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) In section 94 (requirements for electronic monitoring)—

(a) in subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”;

(b) in subsection (8), after the definition of “sexual offence” insert—

• ““terrorism offence” means an offence specified in Part 3 of Schedule 15 to the Criminal Justice Act 2003;”.

(3) In section 95 (requirements for electronic monitoring: extradition cases), in subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”.

(4) In section 98 (first set of conditions for a remand to youth detention accommodation), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

(5) In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases), in subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

(6) In section 107 (interpretation of Chapter 3), in subsection (1), after the definition of “sexual offence” insert—

• ““terrorism offence” has the meaning given by section 94(8);”.

(7) In Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory), in paragraph 36—

(a) in sub-paragraph (2) for “or sexual” substitute “, sexual or terrorism”;

(b) in sub-paragraph (3) for “or sexual” substitute “, sexual or terrorism”.