Updated sentencing guidelines for terrorism offences published

Following consultation, the Sentencing Council has released updated sentencing guidelines for terrorism offences in England and Wales.

The new guidelines replace the current guidelines published in 2018 and will come into effect on 1 October 2022. The new guidelines will reflect changes brought in by the Counter-Terrorism and Border Security Act 2019 and the Counter-Terrorism and Sentencing Act 2021.

The revisions to the Preparation of Terrorist Acts and Explosive Substances (terrorism only) guidelines include new guidance for judges sentencing offenders who meet the criteria for a ‘serious terrorism sentence’. This is a new type of sentence that has a minimum penalty of 14 years’ custody unless in exceptional circumstances. There is also new guidance and principles for judges who are considering whether there are exceptional circumstances that justify a departure from that sentence.

The guidelines are a result of two consultations. One from October to December 2019, where the Council consulted on amendments to the 2018 terrorism guidelines to reflect changes made by the Counter-Terrorism and Border Security Act 2019. However, publication of the revised guidelines was delayed as further terrorism legislation was in development.

The Counter-Terrorism and Sentencing Act came into force in April 2021. It introduced significant changes to the legislation, such as increasing the statutory maximum sentences for some offences. Following this, the Council held a second consultation.

The responses to both consultations have now been considered and revisions resulting from both consultations are being published at the same time.

Revised guidelines include: Collection of terrorist information; Encouragement of terrorism; Failure to disclose information about acts of terrorism; Funding terrorism; Proscribed organisations – membership; Proscribed organisations – support; Preparation of terrorist acts; and Explosive substances (terrorism only).

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