The Criminal Justice (Northern Ireland) Order 2008

[F1 Serious terrorism sentence N.I.

13A— (1) This Article applies where—

(a) a person is convicted on indictment of a serious terrorism offence;

(b) the offence was committed after the commencement of section 7 of the Counter-Terrorism and Sentencing Act 2021;

(c) at the time when the offence was committed the offender was aged 18 or over;

(d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or specified offences;

(e) the court does not impose a life sentence or an indeterminate custodial sentence; and

(f) the risk of multiple deaths condition is met.

(2) The court shall impose a serious terrorism sentence, unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence or to the offender; and

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion that—

(a) either—

(i) the offence referred to in paragraph (1)(a); or

(ii) the combination of that offence and one or more offences associated with it,

was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000); and

(b) the offender was, or ought to have been, aware of that likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred.

(5) Where the offender is aged 21 or over, a serious terrorism sentence is a sentence of imprisonment the term of which is equal to the aggregate of—

(a) the appropriate custodial term; and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence.

(6) Where the offender is under the age of 21, a serious terrorism sentence is a sentence of detention at such place and under such conditions as the Department of Justice may direct for a term which is equal to the aggregate of—

(a) the appropriate custodial term; and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence.

(7) A person detained pursuant to the directions of the Department of Justice under paragraph (6) shall while so detained be in legal custody.

(8) In paragraphs (5)(a) and (6)(a), “the appropriate custodial term” means (subject to paragraphs (9) and (10))—

(a) a term of 14 years; or

(b) if longer, the term that would (apart from this Article and Articles 14 and 15A) be imposed in compliance with Article 7 (length of custodial sentences).

(9) The court may, to the extent that it considers appropriate in order to take into account a guilty plea in accordance with Article 33(1) of the Criminal Justice (Northern Ireland) Order 1996, specify an appropriate custodial term of less than 14 years but no less than 11 years and 73 days.

(10) The court may specify a lesser period than that otherwise required by paragraph (8) or (9) if the court is of the opinion that it is appropriate to do so on taking account of matters under section 73(2) of the Serious Organised Crime and Police Act 2005 (assistance given or offered to investigator or prosecutor).

(11) The extension period under paragraph (5)(b) or (6)(b)—

(a) must be at least seven years and must not exceed 25 years; and

(b) subject to those limits, is to be of such length as the court considers necessary for the purpose of protecting members of the public from the risk of harm referred to in paragraph (1)(d).

(12) A court which imposes a serious terrorism sentence shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences) in relation to that sentence.

(13) Remission shall not be granted under prison rules to the offender in respect of a sentence imposed under this Article.]

Textual Amendments

F1 Art. 13A inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 7, 50(2)(e)