- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where a court in England and Wales is considering for the purposes of sentence the seriousness of an offence specified in Schedule 2 (offences where terrorist connection to be considered).
(2)If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.
(3)For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.
(4)If the court determines that the offence has a terrorist connection, the court—
(a)must treat that fact as an aggravating factor, and
(b)must state in open court that the offence was so aggravated.
(5)In this section “sentence”, in relation to an offence, includes any order made by a court when dealing with a person in respect of the offence.
(6)This section has effect in relation only to offences committed on or after the day it comes into force.
(1)This section applies where in Scotland, in relation to an offence specified in Schedule 2 (offences where terrorist connection to be considered)—
(a)it is libelled in an indictment, and
(b)proved,
that the offence has been aggravated by reason of having a terrorist connection.
(2)Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
(3)Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of having a terrorist connection, the court must state the extent of, and the reasons for, the difference.
(4)For the purposes of this section, evidence from a single source is sufficient to prove that an offence has been aggravated by reason of having a terrorist connection.
(5)This section has effect in relation only to offences committed on or after the day it comes into force.
(1)This section applies where a service court is considering for the purposes of sentence the seriousness of a service offence as respects which the corresponding civil offence is an offence specified in Schedule 2.
(2)If having regard to the material before it for the purposes of sentencing it appears to the court that the offence has or may have a terrorist connection, the court must determine whether that is the case.
(3)For that purpose the court may hear evidence, and must take account of any representations made by the prosecution and the defence, as in the case of any other matter relevant for the purposes of sentence.
(4)If the court determines that the offence has a terrorist connection, the court—
(a)must treat that fact as an aggravating factor, and
(b)must state in open court that the offence was so aggravated.
(5)This section has effect in relation only to offences committed on or after the day it comes into force.
(1)The Secretary of State may by order amend Schedule 2 (offences where terrorist connection to be considered).
(2)Any such order is subject to affirmative resolution procedure.
(3)An order adding an offence to that Schedule applies only in relation to offences committed after the order comes into force.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: