Section 8 makes changes to section 205ZC of the Criminal Procedure (Scotland) Act 1995 which provides for a custodial sentence with a fixed licence period for certain serious offences. The section extends the scope of this sentencing framework beyond terrorism offences to include offences involving or connected with a threat to national security. These changes align the Scottish framework with the sentences for offenders of particular concern (SOPC) regime in England and Wales, ensuring that offenders who pose a comparable level of risk are subject to similar post-release supervision.
	Subsection (1) provides that amendments are being made to section 205ZC.
	Subsection (2) updates the heading of section 205ZC by removing the word "Terrorism", so that it better reflects the broader category of offences now covered. The revised heading reads "Sentence with fixed licence period".
	Subsection (3) inserts new subsections (1A) and (1B) into section 205ZC.
Subsection (1A) extends the application of section 205ZC to offenders convicted on indictment of an offence listed in new Part 2 of Schedule 5ZB, provided the conviction takes place on or after the date of commencement of section 8 of this Act.
The provision applies only where the court does not impose a life sentence, detention for life, an order for lifelong restriction, serious terrorism sentence, or an extended sentence for the offence or any associated offence.
Subsection (1B) defines what constitutes an associated offence for the purposes of subsection (1A), including offences sentenced together or taken into consideration during sentencing.
	Subsection (4) updates subsection (2) of section 205ZC to clarify when the provision does not apply to offenders under 18, based on the date the offence was committed. It introduces two distinct cut off dates:
For terrorism offences: before the commencement of section 23 of the Counter-Terrorism and Sentencing Act 2021.
For national security offences listed in Part 2 of Schedule 5ZB: before the commencement of section 8 of this Act.
	Subsection (5) amends the subsection (8)(a) of section 205ZC to clarify that the definition of "terrorism offences" applies specifically to offences listed in the new Part 1 of Schedule 5ZB.
	Subsection (6) provides that amendments are being made to Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995, which sets out the offences eligible for a sentence with fixed licence period.
	Subsection (7) updates the heading of Schedule 5ZB to reflect its expanded scope. The new heading reads: "Offences specified for the purpose of section 205ZC (sentence with fixed licence period)".
	Subsection (8) amends Schedule 5ZB to divide it into two distinct parts. The existing offences in the Schedule are designated as "Part 1: terrorism Offences", providing a clearer structural distinction between terrorism-related offences and the new category of national security offences introduced in Part 2.
	Subsection (9) makes a technical amendment to paragraph 7(1) of Schedule 5ZB (ancillary offences) to clarify that the reference to "Part" now means "part of this Schedule". This ensures consistency following division of the Schedule into two parts.
	Subsection (10) makes corresponding technical amendments to paragraph 8 of Schedule 5ZB (abolished offences), to clarify the references to offences which would have constituted listed offences now relate specifically to "Part of this Schedule". This avoids ambiguity about which offences are being referred to in the context of historical abolition.
	Subsection (11) inserts a new Part 2 to Schedule 5ZB listing offences involving or connected with a threat to national security. These offences are now eligible for a sentence with a fixed licence period under section 205ZC, where the court does not impose a life sentence, extended sentence, or other specified custodial sentence.
	Part 2 includes:
Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct.
National Security Act 2023 offences, such as obtaining or disclosing protected information or trade secrets; assisting foreign intelligence services; sabotage, foreign interference, and preparatory conduct; failure to comply with registration or information requirements under the foreign activity regime; provision of false information and conduct tainted by false information.
Electoral offences where the "foreign power condition" is met, as defined in section 31 of the National Security Act 2023. This condition applies where conduct is carried out for or on behalf of a foreign power, and the person knew or ought reasonably to have known that to be the case. Certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000 are excluded.
Ancillary offences, including attempts, conspiracies, incitement, and aiding or abetting the commission of listed offences in Part 2.
Other serious offences (punishable by more than two years’ imprisonment) where the foreign power condition is met, unless the offence carries a mandatory life sentence. These are captured under paragraph 14 and reflect the aggravating factor set out in section 21 of the National Security Act 2023.
	The inclusion of these offences reflects the heightened risk posed by conduct that undermines national security, particularly where foreign state involvement is established. The SOPC framework ensures that such offenders are subject to extended licence conditions and post-release supervision, even where a life sentence or extended sentence is not imposed.
	Subsection (12) introduces Part 1 of Schedule 2, which makes consequential amendments to legislation in Scotland. These amendments are required to ensure that sentences with a fixed licence period imposed under section 205ZC for national security-related offences are appropriately reflected across relevant statutory frameworks.
Part 1: Sentencing Section 8: Sentence with fixed licence period: Scotland