PART 1

Sentencing of terrorist and certain other offenders

Other custodial sentences for terrorist offenders

Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
22
1
The Sentencing Code is amended as follows.
2
After section 252 insert—

Special custodial sentence for terrorist offenders

Required special sentence of detention for terrorist offenders of particular concern
252A
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.
3
In section 265 (special sentence of detention in young offender institution for offenders of particular concern)—
a
in subsection (1)(b)—
i
omit sub-paragraph (i) (including the final “and”);
ii
in sub-paragraph (ii), after “aged” insert “ at least 18 but ”;
b
after subsection (1) insert—
1A
But this section does not apply if—
a
the offender was aged under 18 when the offence was committed, and
b
the offence—
i
was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or
ii
is listed in Part 2 of Schedule 13 (sexual offences).
4
In section 278 (special sentence of imprisonment for offenders of particular concern)—
a
in subsection (1)(b), omit sub-paragraph (i) (including the final “and”);
b
after subsection (1) insert—
1A
But this section does not apply if—
a
the offender was aged under 18 when the offence was committed, and
b
the offence—
i
was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or
ii
is listed in Part 2 of Schedule 13 (sexual offences).