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Counter-Terrorism and Sentencing Bill
21 July 2020
Type
Bill Debate
At a Glance
Issue Summary
The statement addresses the need for a review of the impact of the Counter-Terrorism and Sentencing Bill on the National Probation Service. Rosie Winterton is proposing several new clauses and amendments to the Counter-Terrorism and Sentencing Bill, focusing on reviews of deradicalisation programmes in prisons, financial impact assessments, annual reports for Northern Ireland, and reviews related to polygraph testing. The statement addresses concerns about the Counter-Terrorism and Sentencing Bill and its impact on the National Probation Service (NPS) and de-radicalisation programmes in prisons. Alex Cunningham is discussing the Counter-Terrorism and Sentencing Bill and its implications for young offenders. Alex Cunningham discusses the Counter-Terrorism and Sentencing Bill, focusing on the treatment of young offenders and the impact of removing Parole Board involvement. Joanna Cherry discusses new clause 6, amendments related to polygraphs, and the impact of the Counter-Terrorism and Sentencing Bill on children and young persons. The statement addresses the Counter-Terrorism and Sentencing Bill, which aims to strengthen sentencing and limit early release for terrorist offenders. The MP is addressing concerns regarding the Counter-Terrorism and Sentencing Bill, particularly focusing on polygraph testing and the retrospective application of extended sentences. The statement discusses the Counter-Terrorism and Sentencing Bill, focusing on its importance in combating terrorism and deradicalization efforts. The statement addresses the Counter-Terrorism and Sentencing Bill, focusing on public protection against terrorism and the importance of extended sentences for terrorist offences. The MP supports the Counter-Terrorism and Sentencing Bill and its proposed serious terrorism sentence. Alex Cunningham is discussing the Counter-Terrorism and Sentencing Bill and its impact on the National Probation Service. The statement discusses the Counter-Terrorism and Sentencing Bill, which aims to extend prison sentences for terrorist offenders. The statement discusses the Counter-Terrorism and Sentencing Bill, focusing on its provisions aimed at enhancing public safety by imposing stricter sentences and monitoring for terrorists. Alex Cunningham discusses the challenges facing the probation service in the context of the Counter-Terrorism and Sentencing Bill. The statement addresses measures in the Counter-Terrorism and Sentencing Bill aimed at public protection against terrorist threats. The speaker discusses the Counter-Terrorism and Sentencing Bill, expressing support for the sentencing regime but questioning the low cost estimate of £5 million for new prison places and extended probation services. Alex Cunningham is discussing amendments to the Counter-Terrorism and Sentencing Bill related to polygraph examinations, standards of proof, judicial approval for TPIM extensions, and deadlines for reviewing the Prevent strategy. The statement addresses amendments related to the Counter-Terrorism and Sentencing Bill focusing on lone attackers and TPIMs. The statement addresses concerns about the Counter-Terrorism and Sentencing Bill's TPIM regime and the Prevent strategy. The speaker addresses concerns about changes to Terrorism Prevention and Investigation Measures (TPIMs) in the Counter-Terrorism and Sentencing Bill. MP Joanna Cherry is discussing concerns about the Counter-Terrorism and Sentencing Bill, particularly regarding changes to TPIMs (Terrorism Prevention and Investigation Measures) and the standard of proof. The statement discusses concerns about the Prevent programme and its effectiveness in combating terrorism. Apsana Begum criticizes the Counter-Terrorism and Sentencing Bill for expanding control measures against terrorism suspects without conviction, potentially violating human rights. The statement addresses concerns about the Counter-Terrorism and Sentencing Bill, particularly regarding its impact on civil liberties and the effectiveness of the Prevent programme. The statement addresses concerns raised about the Counter-Terrorism and Sentencing Bill, specifically regarding TPIMs ( Terrorism Prevention and Investigation Measures ) and the burden of proof. The statement addresses concerns raised during the debate on the Counter-Terrorism and Sentencing Bill regarding the standard of proof for TPIMs and civil liberties. Alex Cunningham proposes an amendment to the Counter-Terrorism and Sentencing Bill. The statement discusses various amendments to legislation related to terrorism prevention and investigation measures, rehabilitation periods for youth detention, sentencing guidelines in Scotland, and notification requirements. Alex Cunningham moves the Counter-Terrorism and Sentencing Bill for its Third Reading, thanking Members for their scrutiny and emphasizing the bill's aim to protect public safety. Alex Cunningham discusses the Counter-Terrorism and Sentencing Bill, focusing on the balance between punishment and rehabilitation for serious terrorist offenders. The Counter-Terrorism and Sentencing Bill aims to enhance security measures and sentencing for terrorist offenders. The statement discusses the Counter-Terrorism and Sentencing Bill, which aims to enhance public safety by ensuring dangerous terrorist offenders spend more time in prison.
Action Requested
The proposed new clause requires the Secretary of State to commission a review within 18 months of enactment, focusing on probation support for terrorist offenders and staffing issues. The report should include recommendations and be laid before Parliament, with a ministerial response within two months.
Key Facts
- Within 18 months of enactment, the Secretary of State must commission a review.
- The review must consider probation support provided to terrorist offenders, type and number of specialist staff employed, training and skill levels of staff, turnover of probation staff, average length of service, non-staff resources for managing terrorist offenders, and adequacy of operating budget.
- A report with recommendations may be made by the Secretary of State, who must respond within 2 months after the report's publication.
- The Secretary of State is required to lay a copy of the report before Parliament.
- A ministerial response motion in the House of Commons must be made not later than 3 months after the report has been laid.
- New clause requires a comprehensive review of deradicalisation programmes in prisons within three years.
- Financial Impact Assessment Report to be laid before Parliament within three years of the Act's passage.
- Annual reports must be published for Northern Ireland starting from the day the Act is passed.
- Pilot test of polygraph testing on terrorist offenders must begin within six months and report results within 12 months.
- New clause 1 requires a review of the Bill's impact on NPS.
- The National Probation Service has a workforce of 6,500 probation officers and a budget over £500 million.
- There are 650 job vacancies in the probation service, representing 10% of the establishment.
- Over 29,000 prison staff have received counter-terrorism training.
- Specialist probation officers manage cases at over 120% capacity.
- The Bill is estimated to cost about £16 million annually.
- The amendment would require pre-sentence reports that consider the offender’s age and whether alternatives to serious terrorism sentences might be more effective.
- Cunningham questions the accuracy of estimates provided by the Minister regarding the number of young people involved in serious terror offences.
- There are discussions about treating individuals between 18 and 20 differently under the law, with some studies suggesting that 25 could be considered the age of maturity for certain legal purposes.
- The Bill cuts out the role of the Parole Board from involvement with offenders sentenced under it, affecting young offenders.
- Northern Ireland requires specific requirements for terrorism-related sentencing and policing.
- New clause 7 would give assurance to devolved institutions that their views are being heard by the Government.
- Some 18, 19, and 20-year-olds are in the same prison as older offenders on the same wing and sharing social spaces.
- The Bill impacts devolved aspects such as policing, sentencing, and parole in Scotland.
- Amendments address the interplay between new sentences and existing orders like lifelong restriction.
- Polygraph testing is controversial due to efficacy concerns and potential human rights issues.
- New clause 6 seeks a review of the bill's effect on children and young offenders.
- The statement commemorates the 7/7 London bombings, which occurred on July 7th, 15 years ago.
- The speaker shares a personal account of her friend Louise's experience during one of the attacks at Aldgate station.
- The Bill Committee for this legislation had its seventh sitting on 7/7.
- The MP recognizes concerns about unverified methods like polygraph testing.
- Clause 34 allows the Department of Justice Northern Ireland to decide on the necessity of polygraph use.
- New clause 7 proposes an impact assessment for how the Bill operates in Northern Ireland over one, two or three years.
- The speaker commends the Government's legislation on combating terrorism.
- Jonathan Hall QC described the reforms as 'pessimistic'.
- Shamima Begum is cited as an example of individuals who travel to fight with terrorist groups despite knowing about brutalities committed by such groups.
- The UK is recognised as a global authority on anti-radicalisation work.
- The Bill will enable a variety of offences, from kidnapping to weapons training, to be recognised as potentially having terrorist intent.
- Terrorist offences involve national security and long-term strategic debate, necessitating a multi-agency approach.
- Clause 30 addresses the retrospective application of the Terrorist Offenders (Restriction of Early Release) Act 2020 in Northern Ireland.
- The Northern Ireland Human Rights Commission has raised concerns about clause 30.
- The Bill introduces a new serious terrorism sentence.
- A 14-year minimum jail term is proposed for dangerous offenders whose acts are very likely to have caused or contributed to multiple deaths.
- Up to 25 years can be spent on licence after the sentence.
- The probation reforms coming into force in 2021 will bring all offender management under the National Probation Service.
- New clause 1 would require a review of the impact of the provisions on the National Probation Service, but Cunningham argues this is unnecessary.
- In 2019, only four out of 22 people convicted of terrorist offences were aged between 18 and 20, making it unlikely that many young offenders will be affected by the Act.
- The Bill includes mandatory 14-year prison sentences for serious terrorist offenders.
- No terrorist offender will be released before serving two-thirds of their sentence or the full term unless approved by the Parole Board.
- Counter-terrorism specialists and probation staff numbers are being doubled.
- The Bill aims to prevent terrorist attacks by imposing stricter penalties on those convicted of terrorism.
- It includes provisions for 14 years in prison and a 25-year extended licence for the most serious terrorism offences.
- Assistant chief constable Tim Jacques confirmed that the Bill will make policing easier for counter-terrorism efforts.
- Probation service faces a high sickness rate.
- Probation service has a 10% vacancy rate.
- Additional funds were provided for counter-terrorism police resources in September last year.
- Measures in the Bill provide protection against ruthless terrorists.
- There are several reviews underway including MAPPA review by Jonathan Hall QC and Prevent review.
- The Bill recognises that those under 18 have judicial discretion for sentencing without a new minimum sentence.
- A mandatory 14-year minimum sentence is proposed for serious terrorist offences committed between ages 18 to 21.
- Polygraphs are used in sex offender cases with around 5,000 tests conducted, eliciting information in 60%-70% of cases.
- The Government will appeal the recent court decision concerning Shamima Begum's case.
- The impact of introducing new legislation is estimated at less than £5 million for additional prison places, extended probation service, and more staff.
- New clause 1 seeks a review on the effectiveness of current strategies to deal with lone terrorists led by someone qualified to be appointed to the Supreme Court under section 25 of the Constitutional Reform Act 2005.
- The review must consider counter-terrorism policy, sentencing for terrorist offenders, and public services' interaction and effectiveness in handling lone terrorist incidents.
- Amendments aim to prohibit use of information from polygraph tests as basis for TPIMs.
- Raise standard of proof required for TPIM imposition.
- Introduce judicial approval for TPIM extensions.
- Remove provisions allowing variations in relocation measures and curfews based on resource reasons or drug testing measures.
- Reinstate deadline for independent review of Prevent strategy by 1 July 2021.
- Extend statutory deadlines for reviewing Prevent to 2 years and 3 years respectively.
- Labour supports the Bill's introduction but seeks improvements through amendments.
- Three tragic incidents involving lone attackers occurred within seven months prior to the statement.
- New clause 8 would assess systemic responses and interactions of public services concerning lone terrorists.
- TPIMs can include measures such as overnight residence requirements, relocation, electronic monitoring tags, and restrictions on association, use of financial services, telephone, computers, and travel documents.
- The amendment proposes raising the standard of proof for TPIM issuance to 'reasonable and probable grounds'.
- The Independent Reviewer of Terrorism Legislation stated that the current standard of proof is usable and fair.
- An independent review of Prevent was due on August 12, 2020 but will now be delayed until next summer.
- Amendment 38 seeks to reinstate a statutory deadline for the independent review by July 1, 2021.
- Jonathan Hall QC does not regard the case for changing the burden of proof as being made out.
- The Bill has an overall three-year time limit.
- Amendments 39 to 41, and 46 to 51 and 59 to 61 have been tabled in relation to TPIMs regime and Prevent strategy review.
- The Scottish Government has managed to avoid resentment towards Prevent strategy working closely with the Muslim community.
- Amendment 46 suggests safeguards for extending TPIMs beyond two years based on a balance of probabilities.
- Jonathan Hall QC stated there is reason to doubt whether an operational case exists for changing the TPIM regime.
- In 2017-18, 7,300 people were referred to the Prevent programme.
- The overwhelming majority of referrals were incorrect.
- Fewer than one in five cases involved discussion at a Channel panel.
- Fewer than 400 people have received support from the Channel programme.
- The Bill expands control measures against terrorism suspects who have not been convicted.
- Rachel Logan from Amnesty International criticizes the Bill's flimsy standard of proof for curbing liberties.
- The Bill removes the statutory deadline for completing the independent review of the Prevent programme.
- The Bill introduces changes similar to abolished Control Orders which threaten civil liberties.
- It removes the statutory deadline for reviewing the Prevent programme.
- There are concerns from human rights organisations about the discriminatory impact of Prevent on Muslims.
- Examples include an eight-year-old boy being questioned by Prevent officials and Greenpeace being listed alongside neo-Nazi groups.
- The Minister acknowledges ongoing discussions with shadow Ministers about a lone actor review.
- A MAPPA review will cover many issues related to the lone actor threat.
- Assistant Chief Constable Tim Jacques provided three reasons supporting the lower burden of proof: rapid risk increase, return from abroad, and sensitive material.
- The security services advised that lowering the burden of proof might make the public safer.
- Section 3 of the Terrorism Prevention and Investigation Measures Act 2011 requires necessity for TPIMS.
- Judicial certification is required when a TPIM notice is given under section 6 of the Act.
- As of today, only six TPIMs are in force, used only in exceptional circumstances.
- TPIMs expire after two years and can be extended annually.
- A former independent reviewer of terrorism legislation, Lord Carlile, supports the measures in this Bill.
- The Prevent review is expected to be completed by August next year.
- Alex Cunningham proposed an amendment during the Bill Debate.
- The amendment aims to modify clause requirements regarding pre-sentence reports and considerations of alternatives to serious terrorism sentences.
- The amendment seeks to ensure that courts take into account age and rehabilitation effectiveness in their sentencing decisions.
- Amendments address polygraph instructions, drug testing measures, sentencing periods for youth detention, court assessments for life prisoners, application of Acts to young offenders, notification requirements for sexual offenses, and terrorism offender notifications.
- Amendments ensure consistency in legal proceedings across England, Scotland, and Northern Ireland.
- Specific sections of the Rehabilitation of Offenders (Northern Ireland) Order 1978, Prisoners and Criminal Proceedings Act 1993, Sexual Offences Act 2003, and Counter-Terrorism Act 2008 are amended.
- The Counter-Terrorism and Sentencing Bill aims to protect public safety.
- Since 2017, 25 terrorist plots have been foiled, including eight by right-wing extremists.
- An additional 20,000 police officers will be recruited to boost frontline capability.
- The budget for counter-terrorism policing has increased by £90 million this year, bringing the total funding to over £900 million.
- A joint extremism unit has been established to strengthen work between the Ministry of Justice and Home Office.
- The Bill aims to keep the British public safe from terrorist attacks.
- Serious terrorist offenders will serve extended sentences up to 14 years followed by stringent licensing conditions in the community.
- Probation services are already overstretched and need additional resources to handle increased workloads.
- The Bill proposes a minimum sentence of 14 years for serious terrorism offences.
- Terrorist reoffending rate is reported as low at about 3%.
- TPIMs are being amended to better support counter-terrorism efforts.
- Assistant Chief Constable Tim Jacques stated that intervention may be necessary regardless of evidence when public risks are high.
- MPs have been affected personally by terrorism.
- Jim Shannon mentions his cousin Kenneth Smyth and friend Daniel McCormick who were murdered in 1971.
- Four UDR men were killed at Ballydugan, including John Birch, Steven Smart, Michael Adams, and Lance Corporal Bradley.
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