THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 2Offenders aged under 18
F1Special 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.
S. 252A and cross-heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(2), 50(1)(c)