The Council’s consultation on terrorism offences, launched this week, ends on 11 January 2022.
It presents draft guidance for offenders who meet the criteria for a ‘serious terrorism sentence’, with a minimum 14 years’ custody unless exceptional circumstances apply.
Where surveillance or infiltration by law enforcement is involved in a preparation of terrorism or explosive substances case, the Council proposes the judge identify the category of culpability as if the law enforcement officer was a genuine conspirator. Harm should be based on the harm that the offender intended and the viability of the plan.
Sentences for membership or support of proscribed organisations would increase to up to 13 years, reflecting the higher statutory maximum under the 2021 Act.
Council member Mrs Justice Maura McGowan, said terrorism offences were ‘constantly evolving, and the law is regularly updated in line with the changing nature of the offences, requiring a new approach to sentencing’.