Section 42 Offences to which this Part applies: offences having a terrorist connectionI1

United Kingdom

(1)

This Part applies to—

F1(za)

an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,

C1(a)

an offence as to which a court has determined under section 30 (sentences for offences with a terrorist connection: F2... F3... Northern Ireland) that the offence has a terrorist connection, and

(b)

an offence in relation to which section 31 applies (sentences for offences with terrorist connection: Scotland).

(2)

A person to whom the notification requirements apply by virtue of such a determination as is mentioned in subsection F4(1)(za) or (a) may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.

(3)

If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 42(1)(za) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2: Words in s. 42(1)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3: Words in s. 42(1)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 8(3), 27(3) (with s. 25(2))
F4: Words in s. 42(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 274(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5: S. 42(4) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 2(3)

Modifications

C1: S. 42(1)(a) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement

I1: S. 42 in force at 1.10.2009 by S.I. 2009/1493, art. 2(a)