OpenLegislation

Section 205ZC ... Sentence with fixed licence periodF7F1

Scotland

(1)

This section applies where—

(a)

a person is convicted on indictment of a terrorism offence on or after the day on which section 23 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

(b)

the court does not impose one of the following for the offence—

(i)

a sentence of imprisonment for life to which section 205ZB applies,

(ii)

a sentence of imprisonment for life to which section 205ZB does not apply but which is imposed for a terrorism offence,

(iii)

a sentence of detention for life to which section 205ZB applies,

(iv)

a sentence of detention for life to which section 205ZB does not apply but which is imposed for a terrorism offence (or a sentence of detention without limit of time so imposed),

(v)

an order for lifelong restriction to which section 205ZB applies,

(vi)

an order for lifelong restriction to which section 205ZB does not apply but which is imposed for a terrorism offence,

(vii)

a serious terrorism sentence of imprisonment under section 205ZA(2),

(viii)

a serious terrorism sentence of detention under section 205ZA(6), or

(ix)

an extended sentence under section 210A.

(F21A)

This section also applies where—

(a)

a person is convicted on indictment of an offence specified in Part 2 of Schedule 5ZB on or after the day on which section 8 of the Sentencing Act 2026 comes into force, and

(b)

the court does not impose one of the following for the offence or for an offence associated with it—

(i)

a sentence of imprisonment for life,

(ii)

a sentence of detention for life,

(iii)

an order for lifelong restriction under section 210F,

(iv)

a serious terrorism sentence of imprisonment under section 205ZA(2),

(v)

a serious terrorism sentence of detention under section 205ZA(6), or

(vi)

an extended sentence under section 210A.

(1B)

For the purposes of subsection (1A), an offence is associated with another if—

(a)

the offender—

(i)

is convicted of it in the proceedings in which the offender is convicted of the other offence, or

(ii)

(although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or

(b)

in the proceedings in which the offender is sentenced for the other offence, the offender—

(i)

admits having committed it, and

(ii)

asks the court to take it into consideration in sentencing for that other offence.

(2)

But this section does not apply where—

(a)

the offender is under the age of 18 when convicted of the offence, and

(b)

the offence was committed F3—

(i)

if the offence is a terrorism offence, before the day on which section 23 of the Counter-Terrorism and Sentencing Act 2021 came into force;

(ii)

if the offence is an offence specified in Part 2 of Schedule 5ZB, before the day on which section 8 of the Sentencing Act 2026 came into force.

(3)

If the court decides to impose a sentence of imprisonment and the offender is 21 years of age or over, the court must impose a sentence of imprisonment the term of which is equal to the aggregate of—

(a)

the appropriate custodial term, and

(b)

a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(4)

If the offender is at least F418 years of age but under 21 (other than an offender falling within subsection (5)) and the court decides to impose a sentence of detention, the court must impose a sentence of detention in a young offenders institution the term of which is equal to the aggregate of—

(a)

the appropriate custodial term, and

(b)

a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(5)

If the offender is a child and the court decides to impose a sentence of detention, the court must impose a sentence of detention in such place and on such conditions as may be directed under section 208 the term of which is equal to the aggregate of—

(a)

the appropriate custodial term, and

(b)

a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(6)

The “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

(7)

The term of a sentence of imprisonment or, as the case may be, a sentence of detention, imposed under this section for an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.

(8)

In this section, “terrorism offence” means—

(a)

an offence that is specified in F5Part 1 of Schedule 5ZB, or

(b)

any other offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.

(F69)

In the case of an offence specified in paragraph 4(b) of Schedule 5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 27 to the Crime and Policing Act 2026 comes into force.

Annotations

Textual amendments

F1

S. 205ZC inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 23(2), 50(1)(d)

F2

S. 205ZC(1A)(1B) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 8(3), 49(4)

F3

Words in s. 205ZC(2)(b) substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 8(4), 49(4)

F4

Word in s. 205ZC(4) heading substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 10(2); S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)

F5

Words in s. 205ZC(8)(a) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 8(5), 49(4)

F6

S. 205ZC(9) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(3)(l), Sch. 27 para. 2(2)

F7

Word in s. 205ZC heading omitted (22.3.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 8(2), 49(4)