Counter-Terrorism and Sentencing Act 2021 (c. 11)

SCHEDULES

Prospective

SCHEDULE 8 U.K. Corresponding provision about sentencing under service law

PART 3 U.K. Special custodial sentence for terrorist offenders of particular concern aged under 18 at time of offence

7 U.K. The Armed Forces Act 2006 is amended as follows.

8 (1) Section 224A (special custodial sentence for offenders of particular concern) is amended as follows. U.K.

(2) In the heading, at the end insert “ aged 18 or over ”.

(3) In subsection (1)—

(a) in paragraph (a), after “person” insert “ aged 18 or over ”;

(b) omit paragraph (c) (but not the final “and”).

(4) 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 paragraph 8 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 came into force, or

(ii) is an offence under section 42 as respects which the corresponding offence under the law of England and Wales is listed in Part 2 of Schedule 13 to the Sentencing Code (sexual offences).”

9 U.K. After section 224A insert—

“224B Special sentence of detention for terrorist offenders of particular concern aged under 18

(1) Subsections (3) and (4) apply where—

(a) a person aged under 18 is convicted by the Court Martial of an offence committed on or after day on which paragraph 9 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force,

(b) the offence—

(i) is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 1 of Schedule 13 to the Sentencing Code (except in paragraph 9 of that Schedule) (terrorism offences), or

(ii) is an offence, other than one for which the sentence is fixed by law as life imprisonment, that is determined to have a terrorist connection under section 69 of the Sentencing Code (as applied by section 238(6)),

(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 209, or

(ii) an extended sentence of detention under section 254 of the Sentencing Code (as applied by section 221A of this Act), and

(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 260(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) Subsections (4) and (5) of section 252A of the Sentencing Code apply in relation to the term of the sentence.

(5) 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.”