Counter-Terrorism and Sentencing Act 2021

74 (1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows. U.K.

(2) In Article 16 (interpretation of Chapter 4 of Part 2 (release on licence)), after paragraph (3) insert—

“(3A) For the purposes of this Chapter, an offence was determined to have a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales or for a service offence before the Sentencing Code applied but now subject to the provisions of this Chapter), or

(ii) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence but now subject to the provisions of this Chapter), or

(b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).

(3B) In this Chapter “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).”

(3) In Article 17(1) (duty to release fixed-term prisoners not serving extended sentences), for “a prisoner serving an extended custodial sentence” substitute “ one to whom Article 18 or 20A applies ”.

(4) In Article 18 (duty to release prisoners serving indeterminate or extended sentences), after paragraph (1) insert—

“(1A) But this Article does not apply to a prisoner to whom Article 20A applies.”

(5) In Article 19 (power to release prisoners before required), in paragraph (3), for sub-paragraph (a) substitute—

“(a) Article 18 or 20A applies to the prisoner;”.

(6) In Article 20(3) (consultation with Parole Commissioners before release of certain prisoners), for the words from “serving” to the end of sub-paragraph (b) substitute “ to whom Article 18 or 20A applies ”.

(7) In Article 23(1) (power of court to recommend licence conditions), for “or 19” substitute “ , 19 or 20A ”.

(8) In Article 24(5) (requirement to consult Parole Commissioners about licence conditions), in the words before sub-paragraph (a), after “18” insert “ or 20A ”.

(9) In Article 28 (recall of prisoners while on licence)—

(a) in paragraph (1), for “or 20” substitute “ , 20 or 20A ”;

(b) in paragraph (6)(a), after “extended custodial sentence” insert “ and was not released under Article 20A ”.

(10) In Article 29 (further release after recall for certain prisoners), in paragraph (1)(a), after “extended custodial sentence” insert “ or a prisoner to whom Article 20A applies ”.