THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 4Adults aged 21 and over
Special custodial sentence for certain offenders of particular concern
I1278Required special custodial sentence for certain offenders of particular concern
1
This section applies where the court imposes a sentence of imprisonment for an offence where—
a
the offence is listed in Schedule 13,
b
the person—
F5i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
is aged 21 or over when convicted of the offence, and
F21A
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).
C12
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.
C13
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.
F44
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.