Counter-Terrorism and Sentencing Act 2021
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Change 1
11 Minimum term order for serious terrorism offenders: England and Wales
In section 323 of the Sentencing Code (minimum term order: other life sentences), after subsection (2) insert— (3) Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years. This is subject to subsections (5) and (6). (4) A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)). (5) The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify a lesser period. (6) The minimum term may be less than 14 years if the court considers it appropriate, taking into account— (a) the matters mentioned in subsection (2)(c), and (b) the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence— (i) section 73 (reductions for guilty pleas), and (ii) section 74 (reductions for assistance to the prosecution).
11 Minimum term order for serious terrorism offenders: England and Wales
In section 323 of the Sentencing Code (minimum term order: other life sentences), after subsection (2) insert— (3) Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years. This is subject to subsections (5) and (6). (4) A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)). (5) The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify a lesser period. (6) The minimum term may be less than 14 years if the court considers it appropriate, taking into account— (a) the matters mentioned in subsection (2)(c), and (b) the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence— (i) section 73 (reductions for guilty pleas), and (ii) section 74 (reductions for assistance to the prosecution).
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