Citation, commencement and extent

1.-(1) This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2017 and comes into force on the twenty-first day after the date on which it is laid before Parliament.

(2) This Order extends to England and Wales.

Amendment of the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

2.-(1) Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (descriptions of cases to which Part 4 of the Criminal Justice Act 1988 is to apply)(2) is amended as follows.

(2) After paragraph 3, insert-

"3A.-(1) Any case in which sentence is passed on a person for an offence under one of the following-

(a)section 11 or 12 of the Terrorism Act 2000 ("the 2000 Act") (offences relating to proscribed organisations)(3);

(b)sections 15 to 18 of the 2000 Act (offences relating to terrorist property)(4);

(c)section 38B of the 2000 Act (failure to disclose information about acts of terrorism)(5);

(d)section 54 of the 2000 Act (weapons training)(6);

(e)sections 57 to 58A of the 2000 Act (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism)(7);

(f)section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances or things to cause harm or intimidate)(8);

(g)section 1 or 2 of the Terrorism Act 2006 (encouragement of terrorism)(9);

(h)section 6 or 8 of the Terrorism Act 2006 (training for terrorism)(10).

(2) Any case in which sentence is passed on a person for one of the following-

(a)an offence under section 20 of the Offences Against the Person Act 1861 (inflicting bodily harm)(11);

(b)an offence under the following provisions of the Criminal Damage Act 1971(12)

(i)section 1(1) (destroying or damaging property);

(ii)section 1(1) and (3) (arson);

(iii)section 2 (threats to destroy or damage property);

(c)an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981(13);

where there is jurisdiction in England and Wales by virtue of any of sections 63B to 63D of the 2000 Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc)(14).".

(3) In paragraph 4(2), for "paragraph 3" substitute "paragraphs 3 or 3A".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116) ("the 2006 Order").

Schedule 1 to the 2006 Order describes cases to which Part 4 of the Criminal Justice Act 1988 (c. 33) is to apply. That Part allows the Attorney General, with leave from the Court of Appeal, to refer certain cases to the Court of Appeal where he considers that a sentence imposed in the Crown Court in that case was unduly lenient.

This Order adds either way offences which trigger the terrorism notification requirements in Part 4 of the Counter-Terrorism Act 2008 (c. 28) to Schedule 1 to the 2006 Order.

No impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.