Schedule

“Schedule 19AA

Offences where offender not suitable for automatic release

Section 255A(4ZA)

1

An offence under the Official Secrets Act 1911^f1.

2

An offence under the Official Secrets Act 1920^f2.

3

An offence under the Official Secrets Act 1989^f3.

4

An offence under section 13 of the Terrorism Act 2000^f4 (uniform and publication of images).

5

An offence under section 21D^f5 of that Act (tipping off: regulated sector).

6

An offence under section 36(2) of that Act (failure to comply with an order, etc of constable in connection with terrorist investigation).

7

An offence under section 51(2) of that Act (failure to move a vehicle when required to do so).

8

An offence under section 116(3) of that Act (failure to stop a vehicle when required to do so).

9

An offence under section 120B^f6 of that Act (offences in relation to counter-terrorism financial investigators).

10

An offence under paragraph 3(7)^f7 of Schedule 5 to that Act (wilfully obstructing a search of a cordoned area).

11

An offence under paragraph 14 of Schedule 5 to that Act (making a false or misleading statement in connection with terrorist investigation).

12

An offence under paragraph 15(4)^f8 of Schedule 5 to that Act (wilfully obstructing an urgent search).

13

An offence under paragraph 16(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland).

14

An offence under paragraph 32(3) of Schedule 5 to that Act (failure to comply with an urgent explanation notice: Scotland).

15

An offence under paragraph 11 of Schedule 5A^f9 to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland).

16

An offence under paragraph 21 of Schedule 5A to that Act (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland).

17

An offence under paragraph 1(3)^f10 of Schedule 6 to that Act (failure to comply with requirement to provide financial information).

18

An offence under paragraph 18^f11 of Schedule 7 to that Act (port and border controls: failure to comply with duty, etc).

19

An offence under paragraph 15^f12 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).

20

An offence under paragraph 30^f13, 30A^f14 or 31^f15 of Schedule 7 to that Act (offences relating to terrorist financing and money laundering).

21

An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015^f16 (failure to hand over travel documents or hindering a search).

22

An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019^f17 (failure to comply with a duty relating to border security or obstructing a search).

23

An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 69A of the Sentencing Act 2020^f18 (including as applied by section 238(7) of the Armed Forces Act 2006^f19).

24

An offence under the National Security Act 2023^f20.

25

An offence to which section 16 of that Act applies.

26

An offence in relation to which the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence under section 20 of that Act (aggravating factor where foreign power condition met: Northern Ireland).

27

An offence proved to have been aggravated by reason of the foreign power condition being met in relation to the conduct that constituted the offence under section 21 of that Act (aggravating factor where foreign power condition met: Scotland).

28

(1)

An attempt to commit an offence specified in a preceding paragraph of this Schedule (“a listed offence”).

(2)

Conspiracy to commit a listed offence.

(3)

An offence under Part 2 of the Serious Crime Act 2007^f21 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(4)

Incitement to commit a listed offence.

(5)

Aiding, abetting, counselling or procuring the commission of a listed offence.

29

A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes—

(a)

a reference to an offence under section 70 of the Army Act 1955^f22 or section 70 of the Air Force Act 1955^f23 as respects which the corresponding civil offence (within the meaning of that Act) is offence A,

(b)

a reference to an offence under section 42 of the Naval Discipline Act 1957^f24 as respects which the civil offence (within the meaning given by that section) is offence A, and

(c)

a reference to an offence under section 42 of the Armed Forces Act 2006^f25 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A,

and section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.”