Section 7 amends the Sentencing Act 2020 to add certain offences involving or connected with a threat to national security into Schedule 13. Schedule 13 lists offences for which a special sentence for offenders of particular concern (SOPC) is required as a minimum where the court imposes a sentence of imprisonment but does not impose either a life sentence or an extended sentence. This means that for these offences, a SOPC must be imposed instead of a standard determinate sentence.
	Subsection (1) provides that amendments are being made to the Sentencing Code.
	Subsections (2) and (3) amend section 252A of the Sentencing Code (required special sentence of detention for terrorist offenders of particular concern). The amendments extend the application of SOPCs to offenders aged under 18 who are convicted of an offence listed in new Part 3 of Schedule 13 (offences involving or connected with a threat to national security). Where the court would otherwise impose a standard determinate sentence, and does not impose either a life sentence or an extended sentence, a SOPC must be imposed. This applies to offences committed on or after the commencement date of this provision.
	Subsection (4) amends section 265 of the Sentencing Code (required special sentence for certain offenders of particular concern) to apply the SOPC requirements to offenders aged 18 to 20 who are sentenced to detention in a young offender institution. The requirement applies where the offence is listed in new Part 3 of Schedule 13 and the offender is convicted on or after the commencement date. The provision also clarifies the application of SOPCs to offences listed in Part 1 or Part 3 of Schedule 13, depending on the date of commission of the offence.
	Subsection (5) makes equivalent provision for offenders aged 21 or over by amending section 278 of the Sentencing Code. Where such an offender is convicted of an offence listed in new Part 3 of Schedule 13 on or after the commencement date, and the court would otherwise impose a standard determinate sentence, a SOPC must be imposed. As with section 265, the provision also clarifies the treatment of offences listed in Part 1 or Part 3 of Schedule 13 depending on the date of commission of the offence.
	Subsection (6) inserts a new Part 3 into Schedule 13 to the Sentencing Act 2020, setting out the offences for which a SOPC must be imposed. These offences are defined as involving or connected with a threat to national security.
	Part 3 includes:
Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct.
National Security Act 2023 offences, such as sabotage, foreign interference, assisting foreign intelligence services, and failure to comply with registration or information requirements under the foreign activity regime.
Electoral offences where the "foreign power condition" is met, excluding certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000.
Other serious offences (punishable by more than two years’ imprisonment) where the foreign power condition is determined to apply, unless the offence carries a mandatory life sentence.
	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 (7) makes a consequential amendment to section 51A(3)(ba) of the Crime and Disorder Act 1998, which governs the circumstances in which children and young persons may be sent to the Crown Court for sentencing. The amendment ensures that the provision applies not only to offences listed in section 252A(1)(a) of the Sentencing Code (terrorism offences), but also to those listed in section 252A(1A)(a) (national security offences).
	Subsection (8) makes a series of amendments to the Criminal Justice Act 2003 to ensure that the SOPC framework applies consistently to offenders sentenced under section 252A of the Sentencing Code, included those convicted of the relevant national security offences:
Paragraph (a) amends section 244A so that the release provisions that currently govern SOPC offenders also apply to those sentenced under section 252A following these amendments.
Paragraph (b) amends section 256AA to extend the supervision requirements after end of sentence to offenders aged 18 and under who receive SOPCs under section 252A.
Paragraph (c) amends section 264(6) to clarify that offenders sentenced under s252A must serve at least two-thirds of the appropriate custodial term before becoming eligible for release.
Paragraph(d) amends section 268 to ensure that the definition of the "requisite custodial period" includes sentences imposed under section 252A.
	Subsection (9) makes consequential amendments to the Sentencing Code to reflect the expanded scope of section 252A and the introduction of national security offences. These include updates to committal provisions, sentencing powers, transitional arrangements, and references to the relevant categories of SOPC offences. In particular, references to "terrorist" offenders are replaced with "certain" offenders to reflect the broader cohort now covered by the SOPC regime.
	Subsection (10) ensures consistency between section 7 and section 31. Section 7(8)(b) amends section 256AA of the Criminal Justice Act 2003, which concerns supervision at the end of a sentence. However, section 31 repeals those supervision provisions. Subsection (10) therefore provides that if section 31 is commenced before or simultaneously with section 7(8), paragraph (b) of that subsection is to be disregarded, as it would otherwise amend provisions that are no longer in force.
Part 1: Sentencing Section 7: Special custodial sentence for certain offenders of particular concern: England and Wales