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.
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.
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.
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 -
it had been used for the purposes of terrorism,
it was intended by that person that it should be used for the purposes of terrorism, or
the court believes that it will be used for the purposes of terrorism unless forfeited.
Offences
Terrorism Act 2000
section 54 (weapons training);
section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);
section 58B (entering or remaining in a designated area)
o section 59, 60 or 61 (inciting terrorism outside the United Kingdom);
Terrorism Act 2006
section 2 (dissemination of terrorist publications);
section 5 (preparation of terrorist acts);
section 6 (training for terrorism);
sections 9 to 11 (offences involving radioactive devices or materials).
Any offence which has been determined to have a terrorist connection (in accordance with section 69 Sentencing Code).
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—
the value of the property, and
the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).
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.
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:
require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;
direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;
appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;
direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person who the court is satisfied is the owner, or an interested person.
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).
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