Part 3Prosecution and punishment of terrorist offences
Sentencing
I1C130F3Sentences for offences with a terrorist connection: F2... F1... Northern Ireland
1
2
If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.
3
For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.
4
If the court determines that the offence has a terrorist connection, the court—
a
must treat that fact as an aggravating factor, and
b
must state in open court that the offence was so aggravated.
5
In this section “sentence”, in relation to an offence, includes any order made by a court when dealing with a person in respect of the offence.
F75A
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.
F86
This section has effect in relation only to offences committed on or after the day it comes into force.
I231Sentences for offences with a terrorist connection: Scotland
1
This section applies where in Scotland, in relation to an offence F9specified in Schedule 2 (offences where terrorist connection to be considered)F9within subsection (4A) or (4B)—
a
it is libelled in an indictment, and
b
proved,
that the offence has been aggravated by reason of having a terrorist connection.
2
Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
3
Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of having a terrorist connection, the court must state the extent of, and the reasons for, the difference.
4
For the purposes of this section, evidence from a single source is sufficient to prove that an offence has been aggravated by reason of having a terrorist connection.
F104A
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.
F115
This section has effect in relation only to offences committed on or after the day it comes into force.
F532Sentences for offences with a terrorist connection: armed forces
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F1233Power to amend list of offences where terrorist connection to be considered
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