Explanatory note

The Police, Crime, Sentencing and Courts Act 2022 (c. xx) will introduce a power for the police to search terrorist offenders released on licence where they are satisfied it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism, and where the offender has a search condition included in their licence.

This Order amends the list of types of other licence conditions in article 7 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2015 (S.I. 2015/337) (“the 2015 Order”) to provide for the inclusion of the search condition in the licences of released terrorist offenders.

Article 2(2) adds a new definition of “terrorist offender” to the 2015 Order. This includes those subject to release under section 247A of the Criminal Justice Act 2003 (c. 44), or, where the offender was sentenced in another part of the United Kingdom but transferred on an unrestricted basis to serve their licence period in England and Wales, section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) or article 20A of the Criminal Justice (Northern Ireland) Order 2008 (2008/1216). It also includes those who would have been subject to those provisions, but for the fact the offender has already been released on licence.

Article 2(3) adds the new search condition to article 7 of the 2015 Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.