- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (29/06/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 29/06/2021.
Sentencing Act 2020, Section 282B is up to date with all changes known to be in force on or before 14 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—
(a)the offence was committed on or after the day on which section 5 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(b)the offender was aged 18 or over when the offence was committed,
(c)the offender is aged 21 or over when convicted of the offence,
(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 other specified offences (see section 308),
(e)the court does not impose a sentence of imprisonment for life, and
(f)the risk of multiple deaths condition is met.
(2)The court must impose a serious terrorism sentence of imprisonment under section 282A 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 serious terrorism offence, or
(ii)the combination of the 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 an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.
(6)The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).]
Textual Amendments
F1Ss. 282A-282C and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 5, 50(2)(c)
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