Counter-Terrorism and Sentencing Act 2021

Sentencing Act 2020 (c. 17)

43 (1) The Sentencing Act 2020 is amended as follows.

(2) In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert “or 224B”.

(3) In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert “or 224B”.

(4) In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert “or 224B”.

(5) In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution), after subsection (2) insert—

“(2A) Paragraphs 13A, 20A and 24A (and paragraph 1 so far as it relates to them) also come into force at that time.”

(6) In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph 45(5).

(7) In Schedule 26 (further amendments of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution)—

(a) after paragraph 13 insert—

“13A In section 219ZA (serious terrorism sentence for offenders aged 18 or over)—

(a) in subsection (1)(e), omit “a sentence of custody for life or (as the case may be)”;

(b) omit subsections (4) to (6);

(c) in subsection (7), omit “Where the offender is aged 21 or over when convicted of the serious terrorism offence,”.”;

(b) in paragraph 14 (amendments of section 219A of the 2006 Act), for sub-paragraph (a) substitute—

“(a) in subsection (1)—

(i) in paragraph (d), omit sub-paragraphs (i) and (iii);

(ii) in paragraph (da), omit sub-paragraph (i);”;

(c) in paragraph 15(a) (amendments of section 224A of the 2006 Act), after paragraph (ii) insert—

“(iii) in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”;”;

(d) in paragraph 18 (amendment of section 239 of the 2006 Act), after “pleas)” insert “—

(a) in subsection (3A), omit—

(i) “(4) or”;

(ii) “268A or”;

(b) in subsection (3B), omit “268C(2) or, as the case may be,”;

(c)” ;

(e) in paragraph 19 (amendments of section 260 of the 2006 Act)—

(i) in sub-paragraph (a), after paragraph (ii) insert—

“(iia) in paragraph (ca), omit “268A or”;”;

(ii) for sub-paragraph (b) substitute—

“(b) in subsection (4B)—

(i) in paragraph (za), omit “268C(2) or”;

(ii) in paragraph (a), omit “268(2) or”.”;

(f) in paragraph 20 (amendments of section 261 of the 2006 Act), at the end insert—

“(c) in paragraph (ba), omit “268A or”.”;

(g) after paragraph 20 insert—

“20A In section 261A(3) (life sentences: further provision)—

(a) in paragraph (b), omit “268B(2) or”;

(b) in paragraph (c)(i), omit “268B(2) or”.”;

(h) in paragraph 21 (amendments of section 262A of the 2006 Act), for the words from “, in subsection (4)” to the end substitute—

“(a) in subsection (2A), omit paragraph (b);

(b) omit subsection (3A);

(c) in subsection (4), omit paragraphs (d), (da), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.”;

(i) after paragraph 24 insert—

“24A In section 304C (to be inserted by the Armed Forces Act 2016: reduction in sentence), in subsection (5A)—

(a) omit “268C(2) or”;

(b) for “section 219ZA(5) to (8)” substitute “section 219ZA(8)”.”

(8) In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from “, the reference” to the end substitute “—

(a) the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;

(b) the reference in section 224B(1)(c)(ii) to an extended sentence of detention under section 254 of the Sentencing Code includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003.”