University:
University College London
Course:
LAWS0001 | Contract Law
Academic year:

2024
Views:

427

Pages:

2
Author:

Namira A.

Terrorism Sentencing Reforms Date: October 18, 2023 Presented by: Umar Azmeh (Associate at BCL Solicitors LLP) The White Paper - Both of the attackers at Fishmongers' Hall (2019) and Streatham (2020) ultimately received determinate sentences for terrorism offences. - Under the release provisions at the time, they were entitled to be released, and were released, at the halfway point of their sentences. - The White Paper states that HMG wants to remove the possibility of this occurring again and has therefore proposed: Offenders who are serving determinate sentences for non-terrorism offences, but who subsequently are deemed to pose a 'terrorist threat', may have their release prevented by the SoS who will have the power to refer them to the Parole Board prior to release. Terrorist Offenders (Restriction of Early Release) Act 2020 In the wake of the Fishmongers' Hall and Streatham attacks, HMG laid emergency legislation before Parliament, the effect of which was that essentially no offender serving determinate a sentence for a terrorism offence can be released before the expiry of that determinate term unless approved by the Parole Board. The first point at which the Parole Board can assess whether or not to release an offender is at the two-thirds point of that determinate term. The legislation has retrospective effect. Counter-Terrorism and Sentencing Bill 2020 - A comprehensive Bill solely focused upon the sentencing of terrorism offenders, their release, and terrorism investigation and prevention measures (TPIMS). - Key sentencing/release provisions include:  The creation of a 'serious terrorism sentence';  Reduction in credit for guilty pleas for some types of sentences;  Minimum term orders for 'serious terrorism offenders' (14 yrs.); and  Removal of early release for 'dangerous terrorist prisoners'. Serious Terrorism Sentences - These are very similar to extended sentences in that they comprise a custodial term and an extension period. - The custodial term must be a minimum of 14 years' imprisonment. - There is no provision by which a Judge may impose a custodial term of under 14 years' imprisonment. - The extension period will be between 7 and 25 years. - Available for all adult offenders who have committed the offence when aged 18 or over. - Main criteria for imposition of the sentence: 1. Terrorism offence with a maximum sentence of life imprisonment; 2. Offender is assessed as dangerous; 3. Multiple deaths condition met; and 4. A sentence of life imprisonment is not imposed. - Reduced credit available for a plea of guilty. - Early release is not available - the full custodial term must be served Potential Issues In The 2020 Sentencing Proposals 1. Proportionality (differentiation and the Definitive Guideline). 2. Risk. 3. Further confusion and potential for error. Forthcoming article in the Criminal Law Review Exemplary sentencing for terrorist offenders: the Counter-Terrorism and Sentencing Bill 2020.