Part 1: Sentencing of terrorist offenders Section 23: Terrorism sentence with fixed licence period: Scotland
Section 23 inserts new section 205ZC to the Criminal Procedure (Scotland) Act 1995, which creates a new terrorism sentence with a custodial term and a fixed licence period of one year. Those receiving this sentence will only be eligible for early release at the two-thirds point of the custodial part of their sentence if the Parole Board decides that they do not pose a risk to the public. On release, offenders will be subject to a minimum one-year licence period, regardless of whether they are released early or serve their full custodial term.
	New section 205ZC(1) requires that the court must impose the new terrorism sentence where a person is convicted of a terrorism offence on indictment that was committed on or after the day on which this provision comes into force and the court does not impose a sentence of imprisonment for life, an order for lifelong restriction, a sentence to detention without limit of time, a serious terrorism sentence under section 205ZB as inserted by this Act, or an extended sentence under section.
	New section 205ZC(2) clarifies that this sentence does not apply to offenders aged under 18 at the time of conviction, where the offence was committed prior to this Act coming into force.. It will apply to those aged under 18 at the time of conviction, where the offence is committed on or after the day this provision comes into force.
	New section 205ZC(3) requires that where the offender is aged 21 or over, the court must impose a sentence of imprisonment comprising the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of the 1993 Act.
	New section 205ZC(4) outlines that if the offender is at least 16 years of age but under 21 (other than an offender falling under section 205ZC(5)) and where the court decides to impose a sentence of detention the court must impose a sentence of detention in a young offenders institution, comprising the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
	New section 205ZC(5) requires if the offender is a child and the court decides to impose a sentence of detention, the place of detention will be determined under section 208 of the Criminal Procedure (Scotland) Act 1995, as will any conditions, and that the sentence term must comprise the appropriate custodial term and a further period of 1 year to be spent on licence under Part 1 of 1993 Act.
	New section 205ZC(6) defines that the "appropriate custodial term" is the term for the sentence that the court deems appropriate.
	New section 205ZC(7) outlines that a sentence of imprisonment or a sentence of detention imposed under section 205ZC must not exceed the term that, at the time the offence was committed was the maximum term permitted for the offence.
	New section 205ZC(8) defines a terrorism offence to mean an offence that is specified in Schedule 5ZB or any other offence committed on or after section 23 of this Act comes into force and has been aggravated by reason of having a terrorist connection under section 31 of the 2008 Act.
	Section 23(3) inserts Schedule 5ZB to the 1995 Act (Schedule 7 of this Act), which defines the terrorism offences which attract the terrorism sentence with fixed licence period.