Terrorism offences

Effective from: 27 April 2018

Sentencing for offences not covered by offence specific terrorism guidelines but with a terrorist connection, section 30 Counter Terrorism Act 2008

Where a court is considering the seriousness of an offence specified in Schedule 2 Counter Terrorism Act 2008, and it appears that the offence has or may have a terrorist connection, the court must determine whether that is the case. To make this determination the court may hear evidence, and must take account of any representations made by the parties.

If the court determines that the offence has a terrorist connection it must treat that fact as a statutory aggravating factor and state in open court that the offence was so aggravated.

Notification requirements apply to these offences.

Offences not covered by schedule 2 Counter Terrorism Act 2008

Where a court is considering the seriousness of an offence not specified in Schedule 2 Counter Terrorism Act 2008, and it appears that the offence has or may have a terrorist connection, the court should determine whether that is the case by hearing evidence where necessary. If the court determines that the offence has a terrorist connection it may treat that fact as a non-statutory aggravating factor where it appears relevant and appropriate to do so.

Notification requirements do not apply to these offences.

Additional guidance
Ancillary order Statutory reference
Confiscation
A confiscation order may be made by the Crown Court in circumstances in which the offender has obtained a financial benefit as a result of, or in connection with, his criminal conduct.
Section 6 and Schedule 2 of the Proceeds of Crime Act 2002
Forfeiture
When sentencing for a funding offence (sections 15 – 18 Terrorism Act 2000), the court may order
the forfeiture of money or property which the offender had possession or control of at the time of the offence
Section 23 to 23B Terrorism Act 2000
Automatic orders on conviction
The following requirements or provisions are not part of the sentence imposed by the court but apply automatically by operation of law. The role of the court is to inform the offender of the applicable requirements and/or prohibition.
Ancillary order Statutory reference
Notification requirements
A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The court should inform the offender accordingly. The operation of the notification requirement is not a relevant consideration in determining the sentence for the offence.
Sections 41 – 53 Counter-Terrorism Act 2008

 

Offence specific terrorism guidelines

Preparation of terrorist acts, Terrorism Act 2006 s.5
Causing explosion likely to endanger life or property (terrorism only), Explosive Substances Act 1883 s.2
Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property (terrorism only), Explosive Substances Act 1883 s.3
Encouragement of terrorism, Terrorism Act 2006 s.1
Dissemination of terrorist publications, Terrorism Act 2006 s.2
Proscribed organisations – membership, Terrorism Act 2000 s.11
Proscribed organisations – support, Terrorism Act 2000 s.12
Funding terrorism – fundraising, Terrorism Act 2000 s.15
Funding terrorism – use and possession, Terrorism Act 2000 s.16
Funding terrorism – funding arrangements, Terrorism Act 2000 s.17
Funding terrorism – money laundering, Terrorism Act 2000 s.18
Failure to disclose information about acts of terrorism, Terrorism Act 2000 s.38B
Possession for terrorist purposes, Terrorism Act 2000 s.57
Collection of terrorist information, Terrorism Act 2000 s.58