Part 1: Sentencing of terrorist offenders Section 1: Offences aggravated by terrorist connection
Section 1 of this Act makes provision in relation to non-terrorism offences that are committed with a terrorist connection. Where a court is sentencing a person for any non-terrorism offence with a maximum penalty of more than two years, and it appears that the offence was committed in the course of an act of terrorism, or for the purposes of terrorism, the court is now required to consider whether the offence was committed with a terrorist connection and, if it determines that that is the case, aggravate the sentence and state in open court that the offence has been aggravated. This is a change from the previous position that the Court was only expressly required to consider a terrorist connection in relation to those limited offences specified in the relevant Schedules (Schedule 1 of the Sentencing Code for England and Wales or Schedule 2 to the 2008 Act for Northern Ireland and for Scotland).
	Previously, although the Court could find that an offence not contained in these Schedules was committed with a terrorist connection, it was not statutorily required to aggravate the sentence (but could choose to do so) and the RTO notification requirements would not apply to such offenders. Section 1 addresses this discrepancy, ensuring that all offenders found to have committed an offence (with a maximum penalty of more than two years) with a terrorist connection are subject to sentence aggravation and the notification requirements upon their release.
	Subsection (2) of the Act makes amendments to section 69 of the Sentencing Code, which applies to England & Wales, adding new subsections (4) to (6).
	New subsection (4) provides that an offence falls within section 69 if it satisfies paragraphs (a) to (c). Paragraph (a) is satisfied if the offence was committed on or after the day on which section 1 of this Act came into force. Paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years.
	Paragraph (c) provides for certain offences listed in Schedule A1 to the Sentencing Code to fall outside of the scope of section 69. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
	New subsection (5) makes provision in relation to offences committed prior to the date on which this section came into force. Such offences fall within the scope of section 69 of the Sentencing Code only if they are specified in Schedule 1 to the Sentencing Code.
	New subsection (6) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of two or more days. For the purposes of new subsections (4) and (5) the offence is to be taken to have been committed on the last of those days.
	Subsection (3) inserts new Schedule A1 (the Schedule set out in Part 1 of Schedule 1 to this Act), which lists offences for which the court need not consider a terrorist connection, into the Sentencing Code.
	Subsection (4) provides for the 2008 Act to be amended by subsections (5) and (6).
	Subsection (5) amends section 30 of the 2008 Act, which applies to Northern Ireland, adding new subsections (5A) to (5C).
	New subsection (5A) provides that an offence falls within section 30, subsection (5) of the 2008 Act if it satisfies new paragraphs (a) to (c).
	New paragraph (a) is satisfied if the offence was committed on or after the day on which this section came into force. New paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years, or would be so punishable in the case of an offender aged at least 21. These latter words are included to clarify that although an offender aged under 21 would not be imprisoned for the offence, new paragraph (b) applies if the offence is punishable with imprisonment in the case of an offender aged 21 or over. Paragraph (c) provides that offences listed in Schedule 1A to the Counter-Terrorism Act 2008 (inserted by this Act) fall outside of the scope of section 30 of the 2008 Act. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
	New subsection (5B) makes provision in relation to offences committed on or after 12 April 2019 but prior to the date on which this section of this Act came into force. Such offences fall within the scope of section 30 of the 2008 Act only if they are specified in Schedule 2 to that Act (offences committed prior to 12 April 2019 are outside the scope of section 30, as section 30 was extended to Northern Ireland by section 8 of the CTBSA 2019 with effect only to offences committed on or after that date).
	New subsection (5C) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of 2 or more days. For the purposes of new subsections (5A) and (5B) the offence is to be taken to have been committed on the last of those days.
	New subsection (5)(c) repeals section 30(6) of the 2008 Act. The need for subsection (6) is removed as a result of the insertion of new subsection (5B) (a).
	Subsection (6) amends section 31 of the 2008 Act, which applies to Scotland, adding new subsections (4A) to (4D).
	New subsection (4A) provides that an offence falls within section 31 if it satisfies new paragraphs (a) to (c).
	New paragraph (a) is satisfied if the offence was committed on or after the day on which this section came into force. New paragraph (b) is satisfied if the offence is punishable on indictment with imprisonment for a term of more than 2 years, or would be so punishable in the case of an offender aged at least 21. These latter words are included to clarify that although an offender aged under 21 would not be imprisoned for the offence, paragraph (b) applies if the offence is punishable with imprisonment in the case of an offender aged 21 or over. New paragraph (c) provides that offences listed in Schedule 1A to the Counter-Terrorism Act 2008 fall outside of the scope of section 31 of that Act. These are terrorism offences and therefore it is not necessary for a court to consider whether they have been committed with a terrorist connection.
	New subsection (4B) makes provision in relation to offences committed on or after the relevant date (new subsection (4C) makes provision for the relevant date) but before the date on which this section came into force. Such offences fall within the scope of section 31 of the 2008 Act only if they are specified in Schedule 2 to that Act (offences committed prior to the relevant date are outside the scope of section 31).
	New subsection (4C) specifies the relevant date for the purposes of new subsection (4B). For most offences the relevant date is 18 June 2009 (the date on which section 31 came into force). For those offences listed in new paragraph (b) the relevant date is 12 April 2019 (the date on which those offences were added to Schedule 2 to the 2008 Act by section 8 of the CTBSA 2019).
	New subsection (4D) makes provision in relation to offences committed over a period of two or more days, or at some time during a period of 2 or more days. For the purposes of new subsections (4A) to (4C) the offence is to be taken to have been committed on the last of those days.
	Subsection (6)(c) repeals section 31(5) of the 2008 Act. The need for subsection (5) is removed as a result of the insertion of new subsection (4B)(a).
	Subsection 7 inserts Schedule 1A (Part 2 of Schedule 1 to this Act) into the 2008 Act.