Section 278 Required special custodial sentence for certain offenders of particular concernI1

(1)

This section applies where the court imposes a sentence of imprisonment for an offence where—

(a)

the offence is listed in Schedule 13,

(aa)

F1if the offence is listed in Part 3 of that Schedule (offences involving or connected with a threat to national security), the offender was convicted of the offence on or after the day on which section 7(5) of the Sentencing Act 2026 came into force,

(b)

the person—

(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

is aged 21 or over when convicted of the offence, and

(c)

the court does not impose F3any of the following for the offence (or for an offence associated with it)—

(i)

an extended sentence under section 279,

(ia)

F4a serious terrorism sentence under section 282A, or

(ii)

a sentence of imprisonment for life.

(1A)

F5But this section does not apply if—

(a)

the offender was aged under 18 when the offence was committed, and

(b)

the offence—

(i)

F6if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism), was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or

(ia)

F7if listed in Part 3 of Schedule 13, was committed before the day on which section 7(5) of the Sentencing Act 2026 came into force,

(ii)

is listed in Part 2 of Schedule 13 (sexual offences).

(2)

The term of the sentence must be 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,

and must not exceed the maximum term of imprisonment with which the offence is punishable.

(3)

For the purposes of subsection (2), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

(4)

F8Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.

(5)

F9In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.

Annotations

Textual amendments

F1: S. 278(1)(aa) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(5)(a), 49(4)
F2: S. 278(1)(b)(i) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(4)(a), 50(1)(c)
F3: Word in s. 278(1)(c) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(13)(a)
F4: S. 278(1)(c)(ia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(13)(b)
F5: S. 278(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(4)(b), 50(1)(c)
F6: Words in s. 278(1A)(b)(i) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(5)(b)(i), 49(4)
F7: S. 278(1A)(b)(ia) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(5)(b)(ii), 49(4)
F8: S. 278(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(19)
F9: S. 278(5) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(3)(l), Sch. 27 para. 6(4)

Modifications

C1: S. 278(2)(3) applied by 2006 c. 52, s. 224A(2A) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1: S. 278 in force at 1.12.2020 by S.I. 2020/1236, reg. 2