Key Facts

• The amendment requires the Government to lay a copy of the analysis before both Houses of Parliament.
• The Ministry of Justice's impact assessment estimates that fewer than 50 additional prisoners could be caught up annually in new proposals.
• The estimated cost of the measures is around £60 million per year.
• The Bill introduces new terrorist offences which may affect sentencing decisions for other crimes.
• There are concerns about the availability of specialist prison provision, with only one current centre to deal with these offenders.
• Additional Nightingale courts funding is limited compared to the challenge faced by the justice system.
• There are currently only three terrorist offenders under the age of 18 in prison.
• The number affected is related to a total prison population impact, not an annual flow.
• Counter-terrorism funding increased substantially earlier this year.
• Spending on rehabilitation within HM Prison and Probation Service also saw a significant increase.
• Nightingale courts are being used to address the backlog caused by the pandemic.
• Clause 11 amends section 323 of the sentencing code to set a minimum term of 14 years for discretionary life sentences handed down to adults who commit serious terrorism offences.
• Clause 15 includes several new offenses eligible for extended determinate sentences in England and Wales, such as making explosives, developing biological weapons, endangering aircraft safety, using nuclear materials, hijacking or destroying ships.
• Clauses apply similar provisions to Scotland (Clause 12) and Northern Ireland (Clauses 13, 14).
• Amendment 40 addresses clause 16 of the Bill.
• Amendment 41 addresses clause 17 of the Bill.
• Pre-sentence reports must consider alternative options to an eight-to-ten-year extension period for serious terrorism offenders.
• Annual reviews by the Secretary of State are required on the effectiveness and impact of these provisions.
• Amendments 40 and 41 seek to mandate age consideration in pre-sentence reports.
• Professor Acheson expressed concerns about the number of additional offenders due to new legislation, estimating an extra 50 over time.
• Mr Fairhurst raised questions about rehabilitating young people and female offenders within secure environments.
• Judges can choose an extension period between one and ten years.
• Young people will not move to the adult prison estate until they turn 21.
• Part of the additional resources announced in September 2019 and March Budget go to Her Majesty’s Prison and Probation Service.
• Clause 19 amends section 210A(10) of the Criminal Procedure (Scotland) Act 1995.
• Clause 20 applies similar sentencing changes to Northern Ireland for serious terrorism offences.
• Clause 21 updates Schedule 6 of the sentencing code in England and Wales.
• Government amendments 16 to 29 address rehabilitation periods for terrorist offenders.
• Clause 23 ensures a fixed licence period of at least one year upon release in Scotland, under the Criminal Procedure (Scotland) Act 1995.
• Schedule 7 sets out terrorist offences within scope of new terrorism sentence for Scotland.
• The offences covered are under sections 11, 12, and 8 of the Terrorism Act 2000.
• The current maximum penalty is 10 years.
• The proposed new maximum penalty is 14 years.