Offences to which this Part applies: terrorism offences
Section 41 – Offences to which this Part applies: terrorism offences
114.This section specifies a number of terrorism offences, and their associated ancillary offences, to which this Part of the Act applies. It also provides the Secretary of State with an order-making power to amend this list of offences, subject to the affirmative resolution procedure and to transitional provisions.
Section 42 – Offences to which this Part applies: offences having a terrorist connection
115.This Part of the Act also applies to offences under the general law set out in Schedule 2 which have a terrorist connection (as defined in section 93).
116.Subsection (1) provides that the notification provisions apply when a court in England and Wales or in Scotland has determined that an offence has a terrorist connection in accordance with section 30 or 31 (sentences for offences with a terrorist connection). Since the Act does not contain corresponding provision for Northern Ireland on aggravated sentencing for offences with a terrorist connection, the notification provisions will apply in Northern Ireland only to terrorism offences falling within section 41.
117.Subsection (2) provides a right of appeal against a determination by a court in England and Wales that the offence has a terrorist connection. Such an appeal may also be made by way of the usual right of appeal against sentence, but this provision is to enable a person to appeal against the determination alone.
118.Subsection (3) provides that if such an appeal is successful, the notification requirements are treated as never having applied. This means that any breach of the requirements before the successful appeal would not be prosecuted.
119.Subsection (4) provides that where an offence is removed from the list of offences in Schedule 2 by way of order, the notification requirements will cease to apply to a person subject to them by virtue only of a conviction for that offence, with effect from the date the order comes into force.
Section 43 – Offences dealt with before commencement
120.Section 43 provides for the application of the notification requirements to persons convicted of a triggering terrorism offence prior to the commencement of Part 4 (provided the person was aged 16 or over on the date they were dealt with and was given a relevant sentence - broadly, 12 months’ or more imprisonment.) The requirements will only apply to such a person if immediately before commencement the person is imprisoned or detained for the triggering offence (or would have been but for being unlawfully at large or otherwise temporarily out of custody) or is on licence in respect of that offence. This retrospective application does not apply to offences with a terrorist connection as there will have been no determination to this effect by the court prior to commencement.
