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Counter-Terrorism and Sentencing Act 2021 in Scotland

2021 c. 11 · Enacted 29 April 2021 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2026.

An Act to make provision about the sentencing of offenders convicted of terrorism offences, of offences with a terrorist connection or of certain other offences; to make other provision in relation to terrorism; and for connected purposes.

[29th April 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Sentencing of terrorist and certain other offenders
  2. Offences to be sentenced as terrorist offences
  3. 1Offences aggravated by terrorist connection
  4. 2Meaning of “serious terrorism offence”: England and Wales
  5. 3Offences relevant for provisions of this Act relating to Northern Ireland
  6. Serious terrorism sentences
  7. 4Serious terrorism sentence for adults aged under 21: England and Wales
  8. 5Serious terrorism sentence for adults aged 21 or over: England and Wales
  9. 6Serious terrorism sentence: Scotland
  10. 7Serious terrorism sentence: Northern Ireland
  11. Serious terrorism sentences: supplementary provision
  12. 8Reduction in appropriate custodial term for guilty pleas: England and Wales
  13. 9Reduction in appropriate custodial term for guilty pleas: Scotland
  14. 10Reduction in appropriate custodial term for assistance to prosecution: England and Wales
  15. Life or indeterminate sentences for serious terrorism offences
  16. 11Minimum term order for serious terrorism offenders: England and Wales
  17. 12Minimum punishment part for serious terrorism offenders: Scotland
  18. 13Minimum tariff for serious terrorism offenders given life sentences: Northern Ireland
  19. 14Minimum custodial period for serious terrorism offenders given indeterminate custodial sentences: Northern Ireland
  20. Extended sentences
  21. 15Additional offences attracting extended sentence: England and Wales
  22. 16Increase in extension period for serious terrorism offenders aged under 18: England and Wales
  23. 17Increase in extension period for adult serious terrorism offenders aged under 21: England and Wales
  24. 18Increase in extension period for serious terrorism offenders aged 21 or over: England and Wales
  25. 19Additional terrorism offences attracting extended sentence: Scotland
  26. 20Extended custodial sentences for serious terrorism offenders: Northern Ireland
  27. Other custodial sentences for terrorist offenders
  28. 22Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
  29. 23Terrorism sentence with fixed licence period: Scotland
  30. 24Terrorism sentence with fixed licence period: Northern Ireland
  31. Sentencing for service offences Not yet in force
  32. 25Corresponding provision under service law Not yet in force
  33. Maximum sentences
  34. 26Increase in maximum sentences for certain terrorist offences
  35. Part 2: Release of terrorist offenders
  36. Removal or restriction of early release for terrorist prisoners
  37. 27Removal of early release for dangerous terrorist prisoners: England and Wales
  38. 28Removal of early release for dangerous terrorist prisoners: Scotland
  39. 29Further provision about release of terrorist prisoners: Scotland
  40. 30Restricted eligibility for early release of terrorist prisoners: Northern Ireland
  41. 31Removal of early release for dangerous terrorist prisoners: Northern Ireland
  42. Polygraph conditions in licences for release
  43. 32Polygraph licence conditions for terrorist offenders: England and Wales
  44. Repatriated terrorist prisoners
  45. 33Release on licence of terrorist prisoners repatriated to the United Kingdom
  46. Part 3: Prevention and investigation of terrorism
  47. Terrorism prevention and investigation measures
  48. 34TPIMs: condition as to involvement in terrorism-related activity
  49. 35TPIMs: extension of time limit
  50. 36TPIMs: variation of measures
  51. 37TPIMs: extension of residence measure
  52. 38TPIMs: polygraph measure
  53. 39TPIMs: drug testing measure
  54. 40TPIMs: provision of information
  55. 41TPIMs: annual review
  56. Notification requirements under Part 4 of the Counter-Terrorism Act 2008
  57. 42Additional offences attracting notification requirements
  58. Serious crime prevention orders
  59. 43Police powers to apply for serious crime prevention orders in terrorism cases
  60. 44Serious crime prevention orders: review of operation of police powers
  61. “Prevent” strategy
  62. 45Persons vulnerable to being drawn into terrorism: timing of independent review
  63. Part 4: General
  64. 46Consequential and related amendments
  65. 47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
  66. 48Power to make further consequential provision
  67. 49Extent
  68. 50Commencement
  69. 51Short title
  70. Schedule 1: Offences where terrorist connection not required to be considered
  71. Part 1: England and Wales; service offences
  72. Paragraph
  73. Part 2: Scotland and Northern Ireland
  74. Paragraph
  75. Schedule 2: Serious terrorism offences: England and Wales
  76. Paragraph
  77. Schedule 3: Offences for the purposes of this Act: Northern Ireland
  78. Paragraph
  79. Schedule 4: Serious terrorism offences: Scotland
  80. Paragraph
  81. Schedule 5: Terrorism offences attracting extended sentence: Scotland
  82. Paragraph
  83. Schedule 6: Offences attracting special custodial sentence for offenders of particular concern: England and Wales
  84. Paragraph
  85. Schedule 7: Offences attracting terrorism sentence with fixed licence period: Scotland
  86. Paragraph
  87. Schedule 8: Corresponding provision about sentencing under service law Not yet in force
  88. Part 1: Serious terrorism sentences etc Not yet in force
  89. 1Paragraph 1 Not yet in force
  90. Serious terrorism sentence for services offences Not yet in force
  91. 2Paragraph 2 Not yet in force
  92. Reduction in appropriate custodial term for guilty plea Not yet in force
  93. 3Paragraph 3 Not yet in force
  94. Minimum term orders for serious terrorism offenders in cases of service offences Not yet in force
  95. 4Paragraph 4 Not yet in force
  96. Reduction in appropriate custodial term for assistance to prosecution Not yet in force
  97. 5Paragraph 5 Not yet in force
  98. Part 2: Offences attracting special custodial sentence Not yet in force
  99. 6Paragraph 6 Not yet in force
  100. Part 3: Special custodial sentence for terrorist offenders of particular concern aged under 18 at time of offence Not yet in force
  101. 7Paragraph 7 Not yet in force
  102. 8Paragraph 8 Not yet in force
  103. 9Paragraph 9 Not yet in force
  104. Schedule 9: Offences carrying restricted eligibility of terrorist prisoners for release on licence: England and Wales
  105. Paragraph
  106. Schedule 10: Offences carrying restricted eligibility of terrorist prisoners for release on licence: Scotland
  107. Paragraph
  108. Schedule 11: Release on licence of repatriated terrorist prisoners
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. Schedule 12: Serious crime prevention orders: power for police to apply in terrorism-related cases
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. Schedule 13: Consequential and related amendments
  127. Part 1: Offences aggravated by terrorist connection
  128. Terrorism Act 2000 (c. 11)
  129. 1Paragraph 1
  130. Counter-Terrorism Act 2008 (c. 28)
  131. 2Paragraph 2
  132. Counter-Terrorism and Security Act 2015 (c. 6)
  133. 3Paragraph 3
  134. Space Industry Act 2018 (c. 5)
  135. 4Paragraph 4
  136. Counter-Terrorism and Border Security Act 2019 (c. 3)
  137. 5Paragraph 5
  138. Sentencing Act 2020 (c. 17)
  139. 6Paragraph 6
  140. Part 2: Serious terrorism sentence: England and Wales
  141. Criminal Justice Act 1982 (c. 48)
  142. 7Paragraph 7
  143. Mental Health Act 1983 (c. 20)
  144. 8Paragraph 8
  145. Criminal Justice Act 2003 (c. 44)
  146. 9Paragraph 9
  147. Offender Management Act 2007 (c. 21)
  148. 10Paragraph 10
  149. Sentencing Act 2020 (c. 17)
  150. 11Paragraph 11
  151. Part 3: Offences attracting special custodial sentence: England and Wales
  152. Sentencing Act 2020 (c. 17)
  153. 12Paragraph 12
  154. Part 4: Sentence for offenders of particular concern aged under 18 at time of offence: England and Wales
  155. Rehabilitation of Offenders Act 1974 (c. 53)
  156. 13Paragraph 13
  157. Magistrates' Courts Act 1980 (c. 43)
  158. 14Paragraph 14
  159. Mental Health Act 1983 (c. 20)
  160. 15Paragraph 15
  161. Criminal Justice and Public Order Act 1994 (c. 33)
  162. 16Paragraph 16
  163. Crime and Disorder Act 1998 (c. 37)
  164. 17Paragraph 17
  165. Criminal Justice and Court Services Act 2000 (c. 43)
  166. 18Paragraph 18
  167. Proceeds of Crime Act 2002 (c. 29)
  168. 19Paragraph 19
  169. Sexual Offences Act 2003 (c. 42)
  170. 20Paragraph 20
  171. Criminal Justice Act 2003 (c. 44)
  172. 21Paragraph 21
  173. Domestic Violence, Crime and Victims Act 2004 (c. 28)
  174. 22Paragraph 22
  175. Armed Forces Act 2006 (c. 52)
  176. 23Paragraph 23
  177. Offender Management Act 2007 (c. 21)
  178. 24Paragraph 24
  179. Counter-Terrorism Act 2008 (c. 28)
  180. 25Paragraph 25
  181. Sentencing Act 2020 (c. 17)
  182. 26Paragraph 26
  183. Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
  184. 27Paragraph 27
  185. Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
  186. 28Paragraph 28
  187. Child Benefit (General) Regulations 2006 (S.I. 2006/223)
  188. 29Paragraph 29
  189. Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
  190. 30Paragraph 30
  191. Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
  192. 31Paragraph 31
  193. Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W. 298))
  194. 32Paragraph 32
  195. Part 5: Amendments in relation to sentencing under service law Not yet in force
  196. Rehabilitation of Offenders Act 1974 (c. 53) Not yet in force
  197. 33Paragraph 33 Not yet in force
  198. 34Paragraph 34 Not yet in force
  199. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) Not yet in force
  200. 35Paragraph 35 Not yet in force
  201. Criminal Justice Act 1982 (c. 48) Not yet in force
  202. 36Paragraph 36 Not yet in force
  203. Crime and Disorder Act 1998 (c. 37) Not yet in force
  204. 37Paragraph 37 Not yet in force
  205. Criminal Justice and Court Services Act 2000 (c. 43) Not yet in force
  206. 38Paragraph 38 Not yet in force
  207. Sexual Offences Act 2003 (c. 42) Not yet in force
  208. 39Paragraph 39 Not yet in force
  209. Criminal Justice Act 2003 (c. 44) Not yet in force
  210. 40Paragraph 40 Not yet in force
  211. Armed Forces Act 2006 (c. 52) Not yet in force
  212. 41Paragraph 41 Not yet in force
  213. Counter-Terrorism Act 2008 (c. 28) Not yet in force
  214. 42Paragraph 42 Not yet in force
  215. Sentencing Act 2020 (c. 17) Not yet in force
  216. 43Paragraph 43 Not yet in force
  217. Part 6: Amendments in relation to release: England and Wales
  218. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  219. 44Paragraph 44 Repealed
  220. Criminal Justice Act 2003 (c. 44)
  221. 45Paragraph 45
  222. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
  223. 46Paragraph 46
  224. Part 7: Consequential and related amendments: Scotland
  225. Social Work (Scotland) Act 1968 (c. 49)
  226. 47Paragraph 47
  227. Rehabilitation of Offenders Act 1974 (c. 53)
  228. 48Paragraph 48
  229. 49Paragraph 49
  230. Repatriation of Prisoners Act 1984 (c. 47)
  231. 50Paragraph 50
  232. Prisons (Scotland) Act 1989 (c. 45)
  233. 51Paragraph 51
  234. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
  235. 52Paragraph 52
  236. Criminal Procedure (Scotland Act) 1995 (c. 46)
  237. 53Paragraph 53
  238. Crime (Sentences) Act 1997 (c. 43)
  239. 54Paragraph 54
  240. International Criminal Court (Scotland) Act 2001 (asp 13)
  241. 55Paragraph 55
  242. Extradition Act 2003 (c. 41)
  243. 56Paragraph 56
  244. Sexual Offences Act 2003 (c. 42)
  245. 57Paragraph 57
  246. Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
  247. 58Paragraph 58
  248. Counter-Terrorism Act 2008 (c. 28)
  249. 59Paragraph 59
  250. Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)
  251. 60Paragraph 60
  252. Part 8: Serious terrorism sentence and extended custodial sentence: Northern Ireland
  253. Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
  254. 61Paragraph 61
  255. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
  256. 62Paragraph 62
  257. Mental Health (Northern Ireland) Order 1986 (S.I. 1985/595 (N.I. 4))
  258. 63Paragraph 63
  259. Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
  260. 64Paragraph 64
  261. Counter-Terrorism Act 2008 (c. 28)
  262. 65Paragraph 65
  263. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
  264. 66Paragraph 66
  265. Part 9: Terrorism sentence with fixed licence period: Northern Ireland
  266. Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
  267. 67Paragraph 67
  268. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
  269. 68Paragraph 68
  270. Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
  271. 69Paragraph 69
  272. Sexual Offences Act 2003 (c. 42)
  273. 70Paragraph 70
  274. Counter-Terrorism Act 2008 (c. 28)
  275. 71Paragraph 71
  276. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
  277. 72Paragraph 72
  278. Part 10: Release on licence: Northern Ireland
  279. Extradition Act 2003 (c. 41)
  280. 73Paragraph 73
  281. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
  282. 74Paragraph 74
  283. Justice Act (Northern Ireland) 2016 (c. 21 (N.I.))
  284. 75Paragraph 75
  285. Parole Commissioners' Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82)
  286. 76Paragraph 76