Part 1: Sentencing of terrorist offenders Section 22: Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
Section 22 inserts a new section 252A into the Sentencing Code. This introduces a special sentence of detention for terrorist offenders of particular concern aged under 18, when convicted of a terrorism offence listed in Schedule 13 of the Sentencing Code, where the criteria for a life sentence and an extended determinate sentence are not met. The new sentence comprises a custodial term and a fixed 12-month period on licence. In accordance with the commencement provisions in section 50, section 22 will come into force on the day after the day on which the Bill is passed.
	New section 252A(1) details that section 252A applies where a person aged under 18 is convicted of a terrorism offence listed in Part 1 of Schedule 13, the offence was committed on or after the date on which section 22 of this Act comes into force, and when the court does not impose a sentence of detention for life under section 250 in accordance with 258(2) in the Sentencing Code, nor an extended sentence of detention under section 254 of the Sentencing Code. It applies where the court would, apart from new section 252A, impose a sentence of detention under section 250 or a detention and training order.
	New section 252A(2) has the effect that for these purposes the court can disregard any restrictions to imposing a detention and training order on those under 12 (due to section 234(1)(a) of the Sentencing Code) or under 15 and not a persistent offender (due to section 235(3) of the Sentencing Code). In these circumstances, new section 252A(3) confirms that the court must impose a sentence of detention under section 252A.
	New section 252A(4) defines that the term of the sentence must be equal to the aggregate of the appropriate custodial term as determined by the court and a further period of 1 year on licence. The aggregate of these must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
	New section 252A(5) defines "the appropriate custodial term" as the term which ensures the sentence is "appropriate" in the opinion of the court. New section 252A(6) clarifies that in instances where an offence has been committed over a period of 2 or more days it will be taken for the purposes of section s252A(1), to have been committed on the last of those days.
	Section 22(3) also consequentially amends sections 265 and 278 of the Sentencing Code which set out the special sentence of detention in a young offender institution for offenders of particular concern aged 18 to 20, and the SOPC for adults aged 21 and over at the time of conviction, respectively to align with the new section 252A terrorism special custodial sentence for those under 18 at the time of conviction. It also preserves the existing approach for those aged 18 or over who commit a specified sexual offence (as listed in Part 2 of Schedule 13 to the Sentencing Code). For these sexual offences, the SOPC under sections 265 and 278 of the Sentencing Code will continue to apply to those aged 18 or over when the offence was committed.