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(1)This section applies where a court imposes a sentence of detention in a young offender institution for an offence where—
(a)the offence is listed in Schedule 13,
(b)the offender—
F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)is aged [F2at least 18 but] under 21 when convicted of the offence, and
(c)the court does not impose [F3any] of the following for the offence (or for an offence associated with it)—
(i)an extended sentence under section 266,
[F4(ia)a serious terrorism sentence under section 268A,] or
(ii)a sentence of custody for life under section 272.
[F5(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).]
(2)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.
(3)For the purposes of subsection (2), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.
[F6(4)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 (1A) to have been committed on the last of those days.]
Textual Amendments
F1S. 265(1)(b)(i) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(i), 50(1)(c)
F2Words in s. 265(1)(b)(ii) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(ii), 50(1)(c)
F3Word in s. 265(1)(c) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(a)
F4S. 265(1)(c)(ia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(b)
F5S. 265(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(b), 50(1)(c)
F6S. 265(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(18)
Modifications etc. (not altering text)
C1S. 265(2)(3) applied by 2006 c. 52, s. 224A(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1S. 265 in force at 1.12.2020 by S.I. 2020/1236, reg. 2