Proposed amendments
140 amendments across 31 provisions
Clause 1 2
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after subsection (1) insert—
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Clause 4 2
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Clause 11 1
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Clause 16 1
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Section 255 of the Sentencing Code (extended sentence of detention: availability) is amended as follows.
Clause 23 2
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Clause 26 1
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“Rehabilitation and de-radicalisation programme
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 27 4
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“Continued imprisonment of terrorist prisoners during the extension period of an extended sentence of imprisonment
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“and the prisoner was aged 21 or above at the time of their conviction”
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“Release on licence for prisoners serving a serious terrorism sentence: England and Wales
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 28 2
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“and the prisoner was aged 21 or above at the time of their conviction”
Clause 29 9
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a sentence of imprisonment imposed under section 205ZA of the 1995 Act (serious terrorism sentence),
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”
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the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;”
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in relation to an extended sentence imposed on a terrorist prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.”
Clause 31 5
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“Review of sections 1 to 31
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“and the prisoner was aged 21 or above at the time of their conviction”
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“Parole Board
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of sections 1 to 31
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 32 4
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“Review of polygraph licence conditions for terrorist offenders
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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In section 30 (use in criminal proceedings of evidence from polygraph sessions), in subsection (1), leave out “a released” and insert “any”.”
Clause 33 1
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Clause 34 3
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Clause 35 6
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Regulations under subsection (2) are to be made by statutory instrument; and an instrument containing such regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
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“Review of polygraph testing on terrorist offenders
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 37 4
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for the first year of the TPIM, has reasonable grounds for suspecting; and
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Clause 38 6
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The Secretary of State must publish a code of practice relating to—
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A TPIM notice may not be extended on the basis, or mainly on the basis, of—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in subsection (3)(a), after “met” insert “and the court gives the Secretary of State permission”;
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Clause 39 2
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Clause 40 2
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“TPIMs: annual review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 41 3
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Clause 42 1
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Clause 43 2
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“TPIMs: local oversight
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 44 3
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In section 20(9) of the Counter-Terrorism and Border Security Act 2019 (persons vulnerable to being drawn into terrorism) omit the words from “within the period” to the end and substitute “by 31 December 2021”.”
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“Counter-Terrorism and Sentencing Strategy Review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of impact of this Act
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 47 9
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In section 20(9) of the Counter-Terrorism and Border Security Act 2019 (persons vulnerable to being drawn into terrorism) omit the words from “within the period” to the end and substitute “by 1 July 2021”.”
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in subsection (8), omit the words “this Act” and insert “the Counter-Terrorism and Sentencing Act 2021”;
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“Financial impact assessment report
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of deradicalisation programmes in prisons
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Prison capacity impact assessment report
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Lone terrorists: review of strategy
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of legislation: Northern Ireland
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of legislation: National Probation Service
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Multi-agency public protection arrangements
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 48 1
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Nothing in subsections (1) to (4) limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.
Clause 52 6
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Part 3 of that Schedule, except as mentioned in subsection (3)(hb);
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sections 31 and 32;”
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Part 1 of that Schedule, except as mentioned in subsection (3)(ha);
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paragraph 6(3)(a) and (3A) of Schedule 13 as they have effect for the purposes mentioned in paragraph (a) above (and section 48 to the extent that it relates to those provisions for those purposes);
Schedule 2 1
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Schedule 3 2
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Schedule 9 1
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Schedule 10 1
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Schedule 11 6
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Schedule 13 47
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in subsection (3A),”
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in subsection (9), after “applies” insert “to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2)”.”
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In section 1AA (release of certain sexual offenders), for subsection (9) substitute—
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Subsection (4) is subject to sections 1A and 1B.”
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This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(4) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day.”
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in the case of a prisoner to whom section 1AB(3) applies,”
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in the case of a prisoner to whom section 1AB(3) does not apply by virtue of section 1AB(2A), before the day on which the Scottish Ministers are required to release the prisoner under section 26ZA(5).”
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in subsection (4), after “1A” insert “, 1B”.”
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in subsection (3)—
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in subsection (5)(b), after “(1A)” insert “, 1B”;”
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after subsection (8) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In section 26A (extended sentences: application of section)—
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in paragraph (a), for “that Act” substitute “the Counter-Terrorism Act 2008.””
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In determining, for the purposes of subsection (5), whether a sentence passed on a person in respect of an offence (other than an offence within section 1AB(2)) is to be treated as part of a single term, any sentence passed on the person in respect of an offence within section 1AB(2) is to be ignored.”
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“Counter-Terrorism and Security Act 2015 (c. 6)
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in each of paragraphs 10(2)(a) and (5)(a) and 11(2)(a) and (4)(a)—
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after “1A,” insert “1B,”;
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In Schedule 22, paragraph 4 (prospective addition of offences to Schedule 1 to the Code), and the heading above it, are repealed to the extent that paragraph 4 is not yet in force when section 1 of this Act comes into force.”
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In section 255C (extended sentence prisoners and those not suitable for automatic release)—
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In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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The amendment made by sub-paragraph (2) does not apply where a person is convicted of an offence before the day on which this paragraph comes into force.”
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in subsection (6A)(a), for “265” substitute “252A, 265”;”
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In section 417(3) (commencement of provisions of Schedule 22 which relate to prospective abolition of sentences of detention in a young offender institution), in paragraph (c), after “51” insert “, 51A”.
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The Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland is amended as follows.
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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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In section 250 (licence conditions)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“Social Work (Scotland) Act 1968 (c. 49)
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“Rehabilitation of Offenders Act 1974 (c. 53)
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The Prisons (Scotland) Act 1989 is amended as follows.”
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In section 40(3)(a)(arrest of absent prisoners: application of section to persons sentenced or ordered to be detained under certain provisions of the 1995 Act), after “205” insert “, 205ZC(5)”.”
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In section 1(3A) (release of short-term, long-term and life prisoners serving concurrent sentences), for “section 1A” substitute “sections 1A and 1B”.”
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In the heading of section 1A, after “to” insert “certain”.
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In section 3A (re-release of prisoners serving extended sentences)—
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in subsection (5), after paragraph (a) (but before the final “and”) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in respect of an offence within section 1AB(2), and