22. Special custodial sentence for certain terrorist offenders aged under 18 at time of offence: England and Wales
(1) The Sentencing Code is amended as follows.
(2) After section 252 insert -
"Special custodial sentence for terrorist offenders
252A. Required special sentence of detention for terrorist offenders of particular concern
(1) Subsections (3) to (5) apply where -
(a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),
(b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(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 250, or
(ii) an extended sentence of detention under section 254, and
(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(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.