This story is from March 28, 2018

Representative Image (Reuters)

LONDON: The British government issued on Wednesday new guidelines for handing down sentences in terrorism-related cases, and introduced longer jail terms for suspects caught in the early stages of plotting a terror attack.Under the ' Terrorism Offences: Definitive Guideline ' published by the Sentencing Council, offenders found guilty of playing even a minor role in planning a terrorist attack would receive harsher penalties when the new guidelines come into force from April 27.The new guidelines will keep the same maximum sentence of life imprisonment with a minimum term of 40 years for terrorism-related cases.However, the new sentencing range for lower-level crimes will be set at three to six years' imprisonment, up from 21 months to five years.The guidelines have been introduced to deal with the changing nature of terrorist offending and to ensure that courts have the tools they need to deal with serious cases, punishing offenders and disrupting their activities, the council said."Terrorist offences are among the most serious that come before the courts. Offending can include an extremist cell plotting a deadly attack on the public, someone trying to make a bomb or another recruiting for a terrorist organisation," said Sentencing Council Chairman Lord Justice Treacy."As well as the threat to people's lives, terrorist activity threatens the way our society operates. These threats have evolved and we are ensuring that courts have comprehensive guidance to help them sentence offenders appropriately so they are properly punished and their activities are disrupted," he said.The council, under the UK's Ministry of Justice, said that it had already started work on developing the tougher guidelines before the spate of terrorist attacks that took place in the UK last year. But due to the changing nature of the terrorist threat and the increasing need for comprehensive guidelines, production of the guidelines was accelerated.A key change applies to offences under Section 5 of the UK's Terrorism Act 2006, which can be used to prosecute individuals who plan terrorist acts or those who help others in the plotting. In 2016, the Court of Appeal issued guidance for sentences imposed under the section, which has been further updated."Attacks in 2017 involved motor vehicles and knives, which mark a change from the more sophisticated kinds of cases that were considered by the Court of Appeal when it produced its guidance for courts. As well as this, the guideline reflects increasing concern about the availability of extremist material online which can lead to people becoming self-radicalised," the council noted.In terms of the impact on sentencing levels in England and Wales, the council said that where a terrorist act could be planned in a very short time period, using readily available items such as vehicles as weapons, combined with online extremist material providing encouragement and inspiration, even lower-level offences are more serious than they have previously been perceived.The guidelines cover a wide range of terrorism offences, including the preparation of terrorist attacks, causing or attempting to cause an explosion, collecting or sharing extremist material, raising funds for terrorism, glorifying terrorist acts, failing to disclose information about terrorist acts and joining or supporting a banned group.The guidelines do not directly cover offences where death or injury are caused by acts of terrorism since these would be charged as murder or assault, but guidance is included to assist those sentencing such offences where they have a terrorist connection.The use of encrypted communications and repeated accessing of extremist material are listed as potential "aggravating" factors that can be taken into account when judges weigh up sentences.</s>Comprehensive sentencing guidelines for terrorism offences have been published for the first time to assist judges across England and Wales.

The Sentencing Council began working on guidelines last year but fast-tracked production following the Manchester Arena, Westminster and London Bridge attacks.

The guidelines cover terrorist attack preparation, causing or attempting to cause an explosion, collecting or sharing extremist material, raising funds for terrorism, glorifying terrorist attacks, failing to disclose information about terrorist attacks, and joining or supporting a banned organisation. Up until now courts have had limited guidance. The council said offending is extremely varied but low in volume relative to other offences.

Show Fullscreen

The council confirmed that several changes were made to the guidelines following a six-week public consultation. Many respondents suggested that the guidelines should include non-custodial sentencing options at the lower end of seriousness, as community-based interventions may better rehabilitate offenders. The 'deliberate use of encrypted communications or similar technologies to facilitate the commission of the offence and/or avoid or impede detection' was added as an aggravating factor.

Lord Justice Treacy, Sentencing Council chair, said: 'Terrorist offences are among the most serious that come before the courts. Offending can include an extremist cell plotting a deadly attack on the public, someone trying to make a bomb or another recruiting for a terrorist organisation. As well as threats to people's lives, terrorist activity threatens the way our society operates. These threats have evolved and we are ensuring that courts have comprehensive guidance to help them sentence offenders appropriately so they are properly punished and their activities are disrupted.'

The guidelines will come into force on 27 April.</s>New sentencing guidelines for terrorism offences published

New sentencing guidelines for terrorism offences have been published today, marking the first time that comprehensive guidance has been produced for courts in England and Wales. The guidelines have been introduced to deal with the changing nature of terrorist offending and to ensure that courts have the guidance they need to deal with these serious and difficult cases, punishing offenders and disrupting their activities.

Offending is extremely varied but also low in volume relative to other offences, so individual judges do not deal with them on a frequent basis. This makes the introduction of guidelines particularly useful in assisting judges to reach appropriate sentences and will lead to greater transparency and consistency in the sentencing of these cases.

The guidelines cover a wide range of terrorism offences, including the preparation of terrorist attacks, causing or attempting to cause an explosion, collecting or sharing extremist material, raising funds for terrorism, glorifying terrorist acts, failing to disclose information about terrorist acts and joining or supporting a banned organisation. The guidelines do not directly cover offences where death or injury are caused by acts of terrorism since these would be charged as murder or assault, but guidance is included to assist those sentencing such offences where they have a terrorist connection.

Up until now, courts have had limited guidance on the sentencing of these offences, mainly comprising guidance issued by the Court of Appeal in 2016 in relation to sentencing for the preparation of terrorist acts. This guidance has worked effectively for sentencing preparation offences up until now, but the changing nature of offending requires that the guidance be reconsidered, and that a comprehensive package of guidelines be produced to cover a wider number of offences.

The guidelines reflect the developing nature of the terrorist threat. Some of the acts of terrorism seen in recent times have involved far less sophisticated methods than has previously been the case. Attacks in 2017 involved motor vehicles and knives, which mark a change from the more sophisticated kinds of cases that were considered by the Court of Appeal when it produced its guidance for courts. As well as this, the guideline reflects increasing concern about the availability of extremist material online which can lead to people becoming self-radicalised.

In terms of the impact on sentencing levels, it is likely that in relation to some offences, such as the offences of preparing terrorist acts and building explosive devices, there will be increases in sentence for lower level offences. These are the kinds of situations where preparations might not be as well developed or an offender may be offering a small amount of assistance to others. The Council decided that, when considering these actions in the current climate, where a terrorist act could be planned in a very short time period, using readily available items such as vehicles as weapons, combined with online extremist material providing encouragement and inspiration, these lower-level offences are more serious than they have previously been perceived.

The Council had already started work started on developing these guidelines before the terrorist attacks that took place in 2017, but due to the changing nature of the terrorist threat and the increasing need for comprehensive guidelines, production of the guidelines was accelerated.

Sentencing Council Chairman Lord Justice Treacy said: “Terrorist offences are among the most serious that come before the courts. Offending can include an extremist cell plotting a deadly attack on the public, someone trying to make a bomb or another recruiting for a terrorist organisation. As well as the threat to people’s lives, terrorist activity threatens the way our society operates. These threats have evolved and we are ensuring that courts have comprehensive guidance to help them sentence offenders appropriately so they are properly punished and their activities are disrupted.”

The guidelines were subject to a public consultation and following publication today they will come into force in courts on 27 April 2018.

The guidelines can be accessed on the Council’s website.</s>Gain a global perspective on the US and go beyond with curated news and analysis from 600 journalists in 50+ countries covering politics, business, innovation, trends and more.</s>Terrorists caught in the early stages of an attack plot will face tougher punishments under landmark sentencing guidelines.

Offenders who play a minor role in terror planning could also receive harsher penalties from next month.

The approach has been drawn up in response to a shift in the threat, with conspiracies escalating to the point of violence more quickly and often involving “low-tech” attack methods using cars or knives.

In an indication of how terrorists have exploited technology, the use of encrypted communications to avoid detection or repeated accessing of extremist material are listed as potential “aggravating” factors that can be taken into account when judges weigh up sentences.

On Wednesday, the Sentencing Council will publish the first comprehensive guidance on a number of terrorism offences for courts in England and Wales.

Work started on the plans in 2016 but they are being fast-tracked after Britain was hit by five attacks last year.

A key change applies to offences under section 5 of the Terrorism Act 2006, which can be used to prosecute individuals who plan terrorist acts or those who help others in the plotting.

In 2016, the Court of Appeal issued guidance for sentences imposed under the section.

This has worked effectively to now, but the “changing nature of offending” means it needs to be reconsidered, according to the Sentencing Council.

It noted that terrorist acts seen in recent times have involved “far less sophisticated methods” than was previously the case.

Three attacks involved vehicles last year, while knives were used in the Westminster and London Bridge atrocities.

The new guidelines will keep the same maximum sentence of life with a minimum term of 40 years for section 5 cases.

But the sentencing range for the lowest-level crimes will be set at three to six years – compared to 21 months to five years under the existing guidance.

Cases that could fall into this category include those where preparations are not well developed, or where an offender offers a small amount of assistance to others.

The Sentencing Council said it decided that “when considering these actions in the current climate, where a terrorist act could be planned in a very short time period, using readily available items such as vehicles as weapons, combined with online extremist material providing encouragement and inspiration, these lower-level offences are more serious than they have previously been perceived”.

Ninety adult offenders were sentenced for section 5 offences between 2006 and 2016, with 81 given immediate prison terms. The average sentence length was eight years and five months.

Sentencing Council Chairman Lord Justice Treacy said: “Terrorist offences are among the most serious that come before the courts.

“Offending can include an extremist cell plotting a deadly attack on the public, someone trying to make a bomb or another recruiting for a terrorist organisation.

“As well as the threat to people’s lives, terrorist activity threatens the way our society operates.

“These threats have evolved and we are ensuring that courts have comprehensive guidance to help them sentence offenders appropriately so they are properly punished and their activities are disrupted.”

Other offences covered by the new guidelines include causing or attempting to cause an explosion, collecting or sharing extremist material, raising funds for terrorism, glorifying terrorist acts and joining or supporting a banned organisation.

After the plans were detailed in a consultation last year, the Parole Board suggested that increasing the severity of sentences for lower-level terrorism offences risked making the perpetrators more dangerous following release.

The guidelines come into force on April 27.

Justice minister Rory Stewart said: “We’re determined to keep communities safe by deterring and disrupting terror activity in every way we can.

“We’ve already extended the scheme for appealing unduly lenient sentences to cover more terror offences, and these new guidelines will help ensure those who encourage, plot or carry out these horrifying crimes are properly punished.”</s>Judge to consider evolving sentencing guidelines before re-sentencing Brandon Moore</s>While high-level terror offences will continue to be met with a minimum 40-year jail term, lower-level offences will be now dealt with far more seriously. Terrorists caught in the early stages of a terror plot will no longer be let off with jail terms lasting just a few months, while those assisting terrorists even slightly will also be cracked down on. The changes have been introduced following the rise of "low-tech" attacks, such as those involving cars or knives which require little planning, in the UK. Three attacks involved vehicles last year, while knives were used in the Westminster and London Bridge atrocities. Today the UK’s Sentencing Council will publish the first comprehensive guidance on a number of terrorism offences for courts in England and Wales.

Sentencing Council Chairman Lord Justice Treacy said: "Terrorist offences are among the most serious that come before the courts. "Offending can include an extremist cell plotting a deadly attack on the public, someone trying to make a bomb or another recruiting for a terrorist organisation. "As well as the threat to people's lives, terrorist activity threatens the way our society operates. "These threats have evolved and we are ensuring that courts have comprehensive guidance to help them sentence offenders appropriately so they are properly punished and their activities are disrupted."

Other offences covered by the new guidelines include causing or attempting to cause an explosion, collecting or sharing extremist material, raising funds for terrorism, glorifying terrorist acts and joining or supporting a banned organisation. The new guidelines will keep the same maximum sentence of life with a minimum term of 40 years for section 5 cases. But the sentencing range for the lowest-level crimes will be set at three to six years - compared to 21 months to five years under the existing guidance. The Sentencing Council said it decided that "when considering these actions in the current climate, where a terrorist act could be planned in a very short time period, using readily available items such as vehicles as weapons, combined with online extremist material providing encouragement and inspiration, these lower-level offences are more serious than they have previously been perceived".

Work started on the plans in 2016 but they are being fast-tracked after Britain was hit by five attacks last year. Justice minister Rory Stewart said: "We're determined to keep communities safe by deterring and disrupting terror activity in every way we can. "We've already extended the scheme for appealing unduly lenient sentences to cover more terror offences, and these new guidelines will help ensure those who encourage, plot or carry out these horrifying crimes are properly punished." The guidelines come into force on April 27.</s>The arsonist behind the large scale fire at Nottingham Train Station last year could face a stiffer punishment when caught under new proposals.

Tougher sentences are being considered for vandals whose crimes result in damage to listed buildings or a major emergency response under new sentencing plans.

Proposed guidelines spell out how courts should take account of the economic or social impact inflicted by perpetrators who deliberately set fires.

The draft guidance, which also covers criminal damage, sets out a number of possible "aggravating" factors which can lead to a more severe penalty.

They include cases where there is a "significant impact" on emergency services to reflect the gravity of offences which require large numbers of police and fire vehicles - meaning fewer resources are available for any other incidents.

The proposed guidelines, published on Tuesday by the Sentencing Council, also cite "damage caused to heritage assets" such as listed buildings or historic objects as a possible aggravating feature.

This factor is included to ensure the damage to parts of the country's heritage and history is considered when deciding on sentences.

It would mean the courts could bring a tougher punishment to bear on the attacker behind the fire started in the ladies' toilet in the early hours of Friday, January 12.

The blaze ripped through the station, part of which is Grade II-listed, bringing services to a halt for 24 hours and causing "millions of pounds" of damage .

A 33-year-old woman has been arrested in connection with the incident but has been released under investigation.

Existing guidance on the offending types is limited, according to the Sentencing Council.

The body said the new guidelines for England and Wales acknowledge that harm can involve not only physical injury but long-term psychological effects, while damage to property can mean more than just financial loss.

A consultation document setting out the plans says: "Even damage to items that have little financial value can cause great distress to victims, as the items may be of great sentimental value, and may be irreplaceable."

The guidelines provide more detailed assistance for courts in sentencing racially or religiously aggravated criminal damage cases.

Sentencing Council member Judge Sarah Munro QC said: "The guidelines we are proposing will help ensure consistency in the sentencing of these extremely varied offences.

"They can range from very minor damage to property up to an intent to endanger lives, and the guidelines set out an approach to sentencing that will help ensure appropriate sentences according to the seriousness of each offence."

The guidelines cover arson, criminal damage or arson with intent to endanger life, criminal damage valued at above and below £5,000, threats to destroy or damage property, and racially or religiously aggravated criminal damage.

Cases where there are fatalities are likely to result in murder or manslaughter charges rather than arson or criminal damage.

A consultation on the draft guidelines will run from March 29 to June 28.</s>New guidelines by some of our top doctors are urging families to hold back on medical treatments and tests.</s>The Chief Judge of Lagos State, Justice Opeyemi Oke, on Wednesday unveiled new sentencing guidelines for judges and magistrates in the state.

She said the guidelines were to ensure uniformity of punishments imposed on convicts by all the judges and magistrates handling criminal cases in the state.

She explained that the sentencing guidelines were part of the justice sector reforms, adding that the initiative would, among others, address the problem of prison congestion.

Justice Oke made the public presentation of the sentencing guidelines during the inaugural meeting of the Justice Sector Reform Committee which held on Wednesday in Ikeja.

The Chief Judge restated that the main focus of the judiciary under her watch was to speed up the process of justice administration and enhance the reputation of the judiciary.

She pointed out that the economic prosperity of the state was tied to an effective judiciary.

“Going forward, the Lagos State Government is working towards building a ‘citizen-centric’ criminal justice system for the purpose of ensuring efficient and effective justice delivery,” the Chief Judge said.

Also speaking, the Attorney General and Commissioner for Justice in the state, Mr. Adeniji Kazeem, said inter-agency collaboration was sine qua non for building an efficient justice system.

Kazeem said the Wednesday meeting was in line with the plan to have periodic inter-agency discussions on the challenges facing the criminal justice system and find practical solutions to them.

Copyright PUNCH.

 All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.
The Sentencing Council for England and Wales issues new guidelines increasing the penalties for terrorist offences.