Special custodial sentence for terrorist offenders

252ARequired special sentence of detention for terrorist offenders of particular concern

1

Subsections (3) to (5) apply where—

a

a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),

b

the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,

c

the court does not impose either of the following for the offence (or for an offence associated with it)—

i

a sentence of detention for life under section 250, or

ii

an extended sentence of detention under section 254, and

d

the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).

2

In determining for the purposes of subsection (1)(d) whether it would impose a custodial sentence, the court must disregard any restriction on its power to impose such a sentence by reference to the age of the offender.

3

The court must impose a sentence of detention under this section.

4

The term of the sentence must be equal to the aggregate of—

a

the appropriate custodial term, and

b

a further period of 1 year for which the offender is to be subject to a licence,

and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

5

For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

6

Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.