Section 9 makes amendments to Article 15A of the Criminal Justice (Northern Ireland) Order 2008, which provides for a custodial sentence with a fixed licence period for certain serious offences. The section extends the scope of this sentencing framework beyond terrorism offences to include offences involving or connected with a threat to national security. These changes mirror the sentences for offenders of particular concern (SOPC) regime in England and Wales and the equivalent provisions in Scotland, ensuring consistency in sentencing and post-release supervision for comparable offending.
	Subsection (1) provides that amendments are being made to Article 15A of the Order.
	Subsection (2) updates the heading of Article 15A by removing the word "Terrorism", so that it reflects the broader category of offences now covered. The revised heading reads "Sentence with fixed licence period".
	Subsection (3) makes a technical amendment to paragraph (2) of Article 15A, clarifying that the paragraph applies specifically by virtue of paragraph (1). This helps distinguish the original terrorism-based application of the provision from the new category introduced in paragraph (2A).
	Subsection (4) inserts new paragraphs (2A) and (2B) into Article 15A:
Paragraph (2A) extends the scope of Article 15A to offenders convicted after commencement of section 9 of an offence listed in new Schedule 2B (offences involving or connected with a threat to national security). The provision applies only where the court does not impose a life sentence, indeterminate custodial sentence, serious terrorism sentence, or extended custodial sentence for the offence or any associated offence, and decides to impose a custodial sentence.
Paragraph (2B) sets out an exception to this extended application. Article 15A does not apply under paragraph (2A) where the offender is under 21 at the time of conviction and the offence was committed before the commencement of section 9. This safeguard ensures compliance with Article 7 of the ECHR by avoiding retrospective application of a heavier penalty to younger offenders.
	Subsection (5) inserts a new Schedule 2B into the Criminal Justice (Northern Ireland) Order 2008. This Schedule lists the relevant national security offences that, following conviction after the commencement of section 9 of this Act, may attract a custodial sentence with fixed license period under new paragraph (2A) of Article 15A. The Schedule reflects the types of conduct considered to pose a heightened risk to national security, particularly where foreign state involvement is established.
	Schedule 2B includes:
Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct linked to spying and incitement to spy.
National Security Act 2023 offences, including obtaining or disclosing protected information or trade secrets; assisting foreign intelligence services; sabotage, foreign interference, and preparatory conduct; failure to comply with registration or information requirements under the foreign activity regime; provision of false information and conduct tainted by false information.
Electoral offences where the "foreign power condition" is met, as defined in section 31 of the National Security Act 2023. This condition applies where conduct is carried out for or on behalf of a foreign power, and the person knew or ought reasonably to have known that to be the case. Certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000 are excluded.
Ancillary offences, including aiding, abetting counselling, procuring, attempting, conspiring, and encouraging or assisting the commission of listed offences. These are captured explicitly to ensure preparatory or facilitative conduct is treated consistently.
Other serious offences (punishable by more than two years’ imprisonment) where the foreign power condition is met, unless the offence carries a mandatory life sentence. These are captured under paragraph 6 and reflect the aggravating factor set out in section 20 of the National Security Act 2023.
	Subsection (6) introduces Part 2 of Schedule 2, which makes consequential amendments to legislation in Northern Ireland. These amendments are required to ensure that sentences with a fixed licence period imposed under Article 15A of the Criminal Justice (Northern Ireland) Order 2008 for national security-related offences are appropriately reflected across the relevant statutory provisions.
Part 1: Sentencing Section 9: Sentence with fixed licence period: Northern Ireland