SECTION I. RESTRICTIONS TO THE RIGHT TO LIBERTY

337. DEPRIVATION OF LIBERTY – As was the case for Belgium, deprivations of liberty in a counter-terrorism context will most oft en be imposed within a criminal law framework. When a person is suspected of a criminal offence, they can be taken into pre-trial detention if certain conditions are met (see nos 486–495). Aft er conviction for a terrorism offence a prison sentence, depriving the convicted person of their liberty for a substantial period of time, is the most likely outcome.

338. SENTENCING ACT 2020 – In 2020, UK parliament acknowledged that the existing rules on sentencing had become too difficult to apply and even to find. Therefore, the rules were amended and consolidated in 2020 by the Sentencing (Pre-consolidation Amendments) Act 2020 and the Sentencing Act 2020 (SA 2020).

339. SENTENCING: SERIOUS TERRORIST SENTENCes – When imposing a custodial sentence, a court must impose the shortest possible sentence commensurate with the seriousness of the offence or the combination of the offence and other offences associated with it. This rule does not apply when the sentence is fixed by law, including mandatory life sentences. Another exception, which was introduced by the CTSA 2021 (and only applies to offences committed aft er its entry into force) are the serious terrorist sentences.