Note for offences committed on or after 29 June 2021:
Any offence which is punishable on indictment with imprisonment for more than 2 years and is not specified in Schedule A1 of the Sentencing Code may be deemed to have a terrorist connection.
Sentencing for offences not covered by offence specific terrorism guidelines but with a terrorist connection, section 69 of the Sentencing Code.
Where a court is considering the seriousness of an offence specified in Schedule 1 of the Sentencing Code, 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 1 of the Sentencing Code
Where a court is considering the seriousness of an offence not specified in Schedule 1 of the Sentencing Code, 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.
| 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. |
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| 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 |
| May be made by | A magistrates’ court or the Crown Court | |
| Relevant legislation | Terrorism Act 2000, Part III, section 23A and section 120A | |
| Availability (section 23A) | Where a person is convicted of an offence listed below, the court may order the forfeiture of any money or other property if the money or property was, at the time of the offence, in the possession or control of the person convicted and -
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| Offences
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| Additional forfeiture powers (section 120A) | In addition to those powers set out above the court has the following powers of forfeiture: | |
| Section 54 (weapons training) | Anything that the court considers to have been in the possession of the person for purposes connected with the offence. | |
| Section 57 (possession for terrorist purposes) | Any article that is the subject matter of the offence. | |
| Section 58 (collection of information) | Any document or record containing information of the kind mention in sub section (1)(a) of that section. | |
| Section 58A (eliciting, publishing or communicating information about members of armed forces etc) | Any document or record containing information of the kind mentioned in subsection (1)(a) of that section. | |
| Considerations | When considering the powers of forfeiture under section 23A the court shall have regard to—
Before making a forfeiture order under s23A or s120A the court must give an opportunity to be heard to any person, (other than the offender), who claims to be the owner or otherwise interested in anything which can be forfeited under that section. |
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| Implementing the order | Where the court makes a forfeiture order under section 23A or section 120A it may also make any other order it deems necessary to give effect to the forfeiture in particular it may:
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| In force | A forfeiture order under section 23A or section 120A does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). | |
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