Part 2: Release of terrorist offender Section 27: Removal of early release for dangerous terrorist prisoners: England and Wales
Part 2 of the Act provides for release arrangements for terrorist offenders. Although the sections which remove early release for dangerous terrorist prisoners refer to UK-jurisdiction specific sentencing provisions, Schedule 1 paragraph 15(2) of the Crime (Sentences) Act 1997 provides that prisoners who are transferred on an unrestricted basis are treated for the purposes of release as if the prisoner had been sentenced to an equivalent sentence in the receiving jurisdiction. By referring to all offences available in all UK jurisdictions in the corresponding Schedules, the Act ensures these transferred prisoners are captured by the removal of early release scheme if they are sentenced and released in two different UK jurisdictions.
	In February 2020, the TORER Act 2020 made changes to the release of terrorist prisoners subject to fixed-term sentences in England, Wales and Scotland. For England and Wales, it created a new section 247A of the 2003 Act, so that the Secretary of State must refer terrorist offenders serving any determinate sentence to the Parole Board at the two-thirds point of the custodial term. It requires that the prisoner may only be released from the two-thirds point onwards, once the Parole Board has directed that it is no longer necessary for the protection of the public that the offender should be confined. For extended sentence prisoners, if the Board do not direct discretionary release, release will be automatic at the end of the custodial term. The Act amendments to section 247A of the 2003 Act will remove the early consideration by the Parole Board for release for extended sentence prisoners falling into the criteria in new subsection (2A), so such prisoners will serve their full custodial term before release.
	Section 27(2)(a) inserts reference to Parts 1 and 2 of Schedule 19ZA into section 247A of the 2003 Act, and section 27(3) substitutes a replacement Schedule 19ZA, specifying the relevant offences to which the amended restricted release provisions apply. Section 27(2)(b) inserts a new subsection (2A) into section 247A of the 2003 Act, disapplying the two-thirds parole referral part of this provision for certain terrorist offenders sentenced to an extended sentence. New subsection (2A), read with subsections (7) and (8) of section 247A, provide that where a terrorist offender is sentenced to an extended determinate sentence or a new serious terrorism sentence on or after the date section 27 comes into force, for an offence with a maximum penalty of life imprisonment, they will not be referred to the Parole Board but will instead be released at the end of their custodial term. The new provision will apply regardless of whether the offender is an adult or under 18, or was sentenced under the 2003 Act or the Sentencing Code.