Policy background Sentencing and release
Following the passing of the TORER Act, all determinate terrorist or terrorism-related offenders must now be referred to the Parole Board at the two-thirds points of the sentence before they can be considered for early release. Prior to this, those serving a standard determinate sentence, or those under 18 serving a section 91 sentence under the Powers of Criminal Courts (Sentencing) Act 2000, were automatically released at the halfway point with no referral to the Parole Board. Once released these offenders would serve the remainder of their sentence in the community on licence. Prior to the TORER Act, those who received a SOPC (currently only applicable to adults) could be considered by the Parole Board for release from the halfway point. Once released, offenders subject to a SOPC serve the remainder of their sentence on licence including a mandatory 12-month licence period. Following the passing of the TORER Act 2020 release by the Parole Board could only be considered from the two-thirds point of the sentence. This Act will extend the scope of the SOPC, and create an equivalent sentence for Scotland and Northern Ireland and for youths, to ensure the new release provisions and a minimum period on licence apply consistently for adult and youth terrorist offenders across the UK.
	The TORER Act also brought in line the consideration for release by the Parole Board at two-thirds for all extended sentences. In England and Wales, those assessed as dangerous may receive an extended determinate sentence (EDS), which comprises a custodial term and an extension period to be served on licence in the community. They may be considered for release by the Parole Board once they have served two-thirds of the custodial element of their sentence. This Act will remove discretionary early release for the most serious terrorist offenders who receive an EDS or the Scottish and Northern Ireland equivalent, where the offence attracts a maximum penalty of life.
	The maximum penalties for a number of terrorism offences were established in the Terrorism Acts of 2000 and 2006, with some amended in the Counter-Terrorism and Border Security Act (CTBSA) 2019. The terrorist threat has continued to evolve, as evidenced by the attacks at Fishmongers’ Hall and Streatham, and there remain some offences where the maximum penalty is not aligned to the seriousness of the offence. This legislation will address this discrepancy. It will continue to be for judges to decide what sentence is appropriate in the particular circumstances of individual cases, within the available range and in line with applicable sentencing guidelines.