Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of applying terrorism-connection sentencing provisions to defendants in cases where the existence of those provisions was not disclosed to the jury on the right to a fair trial.

Sentencing in individual cases is a matter for the independent courts. In England and Wales, the terrorist connection aggravating factor applies where an offence is not itself a terrorism offence but takes place in the course of an act of terrorism or is committed for the purposes of terrorism, as defined at section 1 of the Terrorism Act 2000. The determination of such an aggravating factor is a matter for the sentencing judge, not the jury. The existence of aggravating factors is a well-established principle in sentencing and their application does not prejudice the fairness of a trial.

Parliament has provided courts with a broad range of sentencing powers to deal effectively and appropriately with offenders. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts also have a statutory duty to follow any relevant sentencing guidelines developed by the Sentencing Council for England and Wales, unless it would be contrary to the interests of justice for them to do so.

The Ministry of Justice is responsible for sentencing policy, and the Secretary of State for Justice receives advice on such matters as appropriate. The Ministry of Justice does not centrally hold data on the number of sentences aggravated by a terrorism connection under section 69 of the Sentencing Act 2020.