Article 2 Amendment of the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

(1)

Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (descriptions of cases to which Part 4 of the Criminal Justice Act 1988 is to apply)^f1 is amended as follows.

(2)

After paragraph 3, insert—

“3A.

(1)
Any case in which sentence is passed on a person for an offence under one of the following—
(a)
section 11 or 12 of the Terrorism Act 2000 (“the 2000 Act”) (offences relating to proscribed organisations)^f2;

(b)
sections 15 to 18 of the 2000 Act (offences relating to terrorist property)^f3;

(c)
section 38B of the 2000 Act (failure to disclose information about acts of terrorism)^f4;

(d)
section 54 of the 2000 Act (weapons training)^f5;

(e)
sections 57 to 58A of the 2000 Act (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism)^f6;

(f)
section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances or things to cause harm or intimidate)^f7;

(g)
section 1 or 2 of the Terrorism Act 2006 (encouragement of terrorism)^f8;

(h)
section 6 or 8 of the Terrorism Act 2006 (training for terrorism)^f9.

(2)
Any case in which sentence is passed on a person for one of the following—

(a)
an offence under section 20 of the Offences Against the Person Act 1861 (inflicting bodily harm)^f10;

(b)
an offence under the following provisions of the Criminal Damage Act 1971^f11

(i)
section 1(1) (destroying or damaging property);

(ii)
section 1(1) and (3) (arson);

(iii)
section 2 (threats to destroy or damage property);

(c)
an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981^f12;

where there is jurisdiction in England and Wales by virtue of any of sections 63B to 63D of the 2000 Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc)^f13.”.

(3)

In paragraph 4(2), for “paragraph 3” substitute “paragraphs 3 or 3A”.

Annotations

Footnotes

f1: S.I. 2006/1116 was amended by S.I. 2012/1833; there are other amending instruments which are not relevant.
f2: 2000 c. 11.
f3: Section 17A was inserted into the Terrorism Act 2000 by section 42(1) of the Counter-Terrorism and Security Act 2015 (c. 6).
f4: Section 38B was inserted into the Terrorism Act 2000 by section 117(1) and (2) of the Anti-Terrorism, Crime and Security Act 2001 (c. 24).
f5: Section 54 was amended by section 120(1) of the Anti-Terrorism, Crime and Security Act 2001 and sections 39, 99 of, and paragraph 2 of Schedule 3 and Part 3 of Schedule 9 to, the Counter-Terrorism Act 2008 (c. 28).
f6: Section 57 was amended by section 13(1) of the Terrorism Act 2006 (c. 11). Section 58 was amended by sections 39, 99 of, and paragraph 3 of Schedule 3 and Part 3 of Schedule 9 to, the Counter-Terrorism Act 2008. Section 58A was inserted into the Terrorism Act 2000 by section 76(1) of the Counter-Terrorism Act 2008.
f7: 2001 c. 24.
f8: 2006 c. 11.
f9: Section 6 was amended by section 1(3) of the Criminal Justice and Courts Act 2015 (c. 2).
f10: 1861 c. 100.
f11: 1971 c. 48.
f12: 1981 c. 45. Section 5 was amended by section 88 of the Crime (International Co-operation) Act 2003 (c. 32), section 261 of, and paragraph 67 of Schedule 27 to, the Civil Partnership Act 2004 (c.33), section 44(2) and Schedule 2 to the Identity Cards Act 2006 (c. 15) and article 2 of, and paragraph 10 of the Schedule to, S.I. 2014/3168.
f13: Sections 63B to 63D were inserted into the Terrorism Act 2000 by section 52 of the Crime (International Co-operation) Act 2003. Section 63C was amended by S.I. 2004/3224 and S.I. 2012/1809.