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Part 1Sentencing

Suspended sentences

1Presumption of suspended sentence order for sentences of 12 months or less

(1)

The Sentencing Code is amended as follows.

(2)

After section 264 insert—

“264APresumption of suspended sentence order: offender under 21

(1)

This section applies where the court imposes a sentence of detention in a young offender institution for an offence where—

(a)

the offender is aged at least 18 but under 21 when convicted of the offence,

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 264).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

pursuant to an order under section 214 of that Act (detention for commission of offence during currency of detention and training order etc),

(iii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iv)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(v)

having been committed to custody by an order of a service court,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court,

(b)

remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

(c)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(6)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(7)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”

(3)

After section 277 insert—

“277APresumption of suspended sentence order: person aged 21 or over

(1)

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

(a)

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

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 277).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iii)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006,

(iv)

having been committed to custody by an order of a service court, or

(v)

pursuant to a pre-Armed Forces Act 2006 custodial sentence,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of imprisonment is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court, or

(b)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

For the purposes of subsection (3)(b)(v), “pre-Armed Forces Act 2006 custodial sentence” means any of the following—

(a)

a sentence of imprisonment passed by—

(i)

a court-martial,

(ii)

a Standing Civilian Court,

(iii)

the Court Martial Appeal Court before 31 October 2009, or

(iv)

the House of Lords or the Supreme Court, before 31 October 2009, on an appeal brought from a decision of the Court Martial Appeal Court;

(b)

a sentence of custody for life under section 71A(1A) or (1B) of the Army Act 1955 or the Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957;

(c)

a sentence of detention during Her Majesty’s pleasure under section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;

(d)

a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(e)

a custodial order under—

(i)

section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955 or Air Force Act 1955, or

(ii)

section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.

(6)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(7)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(8)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”

(4)

Schedule 1 makes consequential amendments.

2Custodial sentences that may be suspended

(1)

The Sentencing Act 2020 is amended in accordance with subsections (2) to (5).

(2)

In section 264 (suspended sentence order for offender under 21: availability)—

(a)

in subsection (2), for “2 years” substitute “the maximum term”;

(b)

after subsection (2) insert—

“(2A)

But a suspended sentence order is not available in relation to that sentence if—

(a)

in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or

(b)

in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.”;

(c)

in subsection (3)—

(i)

for the words before paragraph (a) substitute “This subsection applies if—”;

(ii)

in paragraph (b), for “2 years” substitute “the maximum term”;

(d)

after subsection (3) insert—

“(3A)

This subsection applies if—

(a)

the court imposes a sentence under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of the offence, or

(b)

the court imposes a sentence under either of those sections or under section 278 (adult offenders of particular concern aged 21 and over) or 279 (extended sentence for adults aged 21 or over) in respect of any other offence for which a sentence is imposed on the same occasion.

(3B)

For the purposes of this section—

(a)

if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;

(b)

if the offender is convicted of the offence on or after that day, the maximum term is 3 years.”

(3)

In section 277 (suspended sentence order for person aged 21 or over: availability)—

(a)

in subsection (2)(b), for “2 years” substitute “the maximum term”;

(b)

after subsection (2) insert—

“(2A)

But a suspended sentence order is not available in relation to that sentence if—

(a)

in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or

(b)

in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.”;

(c)

in subsection (3)—

(i)

for the words before paragraph (a) substitute “This subsection applies if—”;

(ii)

in paragraph (b), for “2 years” substitute “the maximum term”;

(d)

after subsection (3) insert—

“(3A)

This subsection applies if—

(a)

the court imposes a sentence under section 278 (adult offenders of particular concern aged 21 or over) or 279 (extended sentence for adults aged 21 or over) in respect of the offence, or

(b)

the court imposes a sentence under either of those sections or under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of any other offence for which a sentence is imposed on the same occasion.

(3B)

For the purposes of this section—

(a)

if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;

(b)

if the offender is convicted of the offence on or after that day, the maximum term is 3 years.”

(4)

In section 288 (operational period and supervision period)—

(a)

in subsection (2)(b), for “2 years” substitute “the maximum period”;

(b)

after subsection (2) insert—

“(2A)

The maximum period for the purposes of subsection (2)(b) is 3 years if—

(a)

the term of the suspended sentence is more than 2 years, or

(b)

the suspended sentence is one of two or more sentences imposed on the same occasion which are to be served consecutively and the terms of those sentences are in aggregate more than 2 years.

(2B)

Otherwise the maximum period for the purposes of subsection (2)(b) is 2 years.”

(5)

In Schedule 22 (amendments of the Sentencing Code etc), in paragraph 54—

(a)

the words from “in the heading” to the end of the paragraph become paragraph (a);

(b)

after paragraph (a) insert—

“(b)

in subsection (3A)—

(i)

in paragraph (a) omit “aged 21 or over” in both places;

(ii)

in paragraph (b) omit the words from “or under” to “adults aged under 21)”.”

(6)

The Armed Forces Act 2006 is amended in accordance with subsections (7) and (8).

(7)

In section 200(2)(a) (modifications to provisions in the Sentencing Code about suspended sentence orders), for “200A” substitute “200ZA”.

(8)

After section 200 insert—

“200ZAModifications of sections 264 and 277 of the Sentencing Code

(1)

Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a)

the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);

(b)

the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);

(c)

the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d)

the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

(2)

Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a)

the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(b)

the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;

(c)

the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d)

the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.”

Income reduction orders

3Income reduction orders

(1)

In the Sentencing Code, in Part 7 (financial orders and orders relating to property), after Chapter 4 insert—

“Chapter 5Income reduction orders

161AIncome reduction order

(1)

In this Code “income reduction order” means an order under this Chapter that—

(a)

is made in respect of an offender for an offence, and

(b)

requires the offender, for the period in respect of which the order has effect, to pay such percentage of the offender’s excess monthly income as is determined by the court.

(2)

For the purposes of subsection (1)(b), “the offender’s excess monthly income” means such of the offender’s monthly income as exceeds an amount specified in regulations made by the Secretary of State.

(3)

For the purposes of subsection (2), “monthly income” means monthly income after deduction of such amounts as may be specified in the regulations.

(4)

The regulations may make further provision about how the court is to determine the offender’s monthly income.

(5)

The amount specified under subsection (2) must not be less than an amount equal to 170 times the hourly amount of the national minimum wage.

(6)

For further provision about determining the percentage of the offender’s excess monthly income payable under an income reduction order, see section 161B.

(7)

In this section “national minimum wage” means such single hourly rate as is for the time being specified in regulations under section 1(3) of the National Minimum Wage Act 1998.

161BDetermining the amount payable under an income reduction order

(1)

The Secretary of State must by regulations make provision about how the court is to determine the percentage of the offender’s excess monthly income payable under an income reduction order.

(2)

Provision made by regulations under subsection (1) must secure that the percentage determined by the court does not exceed a specified percentage.

(3)

The percentage specified by virtue of subsection (2) must not exceed twenty per cent.

(4)

Provision made by virtue of subsection (1) may include provision for the percentage to depend on (among other things)—

(a)

the offence or offences committed;

(b)

how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine);

(c)

the age of the offender.

(5)

In this section, “specified” means specified in the regulations.

161CFurther provision about income reduction orders

(1)

The Secretary of State may by regulations make such further provision about income reduction orders as the Secretary of State considers appropriate.

(2)

Regulations under subsection (1) may make provision about payments under an income reduction order including (among other things)—

(a)

provision about the form and manner in which payments must or may be made;

(b)

provision for payments to be made to a specified person, or a person of a specified description;

(c)

provision about the date by which, or period within which, payments must be made;

(d)

provision about interest on any unpaid amounts payable under an income reduction order.

(3)

Regulations under subsection (1) may—

(a)

make provision for monitoring compliance with income reduction orders;

(b)

make provision for the enforcement of income reduction orders, including provision about the recovery of any unpaid amounts under an income reduction order;

(c)

make provision about appeals.

(4)

The provision that may be made by virtue of subsection (3)(a)and (b) includes—

(a)

provision for a specified person, or a person of a specified description, to require the provision of documents or information;

(b)

provision for a specified person, or a person of a specified description, to require the offender to attend at a place and answer questions.

(5)

In this section, “specified” means specified in the regulations.

161DIncome reduction order: availability

(1)

An income reduction order is available to a court by or before which an offender is convicted of an offence where—

(a)

the offence is committed on or after the date on which section 3 of the Sentencing Act 2026 comes fully into force,

(b)

the offender is aged at least 18 when convicted of the offence,

(c)

the court imposes a suspended sentence order in relation to—

(i)

the offence, or

(ii)

a combination of the offence and one or more offences associated with it, and

(d)

when the sentence is imposed—

(i)

the offender’s monthly income exceeds such amount as is specified in regulations under section 161A(2), or

(ii)

it appears to the court that the offender’s monthly income will exceed that amount during the operational period of the suspended sentence order.

(2)

The Secretary of State may, by regulations, make provision about circumstances in which a court may not make an income reduction order.

(3)

Where an income reduction order is available, the court may make such an order whether or not it also deals with the offender for the offence in any other way.

161EMaking an income reduction order

(1)

An income reduction order must specify—

(a)

the percentage of the offender’s excess monthly income payable under the order,

(b)

the period for which the order has effect,

(c)

the date or dates by which payments under the order must be made, and

(d)

the person to whom payments under the order must be made.

(2)

The period for which the order has effect may not exceed the operational period of the suspended sentence order mentioned in section 161D(1)(c).

(3)

In determining—

(a)

whether to make an income reduction order against an offender, or

(b)

the percentage of the offender’s excess monthly income payable under the order,

the court must have regard to the offender’s means, so far as they appear or are known to the court.

(4)

Where the court considers—

(a)

that it would be appropriate to impose both an income reduction order and one or more of—

(i)

a compensation order,

(ii)

an unlawful profit order, or

(iii)

a slavery and trafficking reparation order, but

(b)

that the offender has insufficient means to pay both the income reduction order and appropriate amounts under such of those orders as it would be appropriate to make,

the court must give preference to such of the orders in paragraph (a)(i)to (iii) as it would be appropriate to make (though it may impose an income reduction order as well).

(5)

For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to income reduction orders, see the following provisions of the Proceeds of Crime Act 2002—

(a)

section 13 (where confiscation order has been made);

(b)

section 15 (where proceedings on a confiscation order have been postponed).

(6)

In this section—

“the operational period” has the meaning given by section 288(2);

“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

161FVariation or discharge of income reduction order

(1)

An income reduction order may be varied or discharged by the court that made it if, on an application by a person within subsection (2), it appears to the court, having regard to any change in the circumstances since the order was made, to be appropriate to do so.

(2)

The persons are—

(a)

the offender;

(b)

an officer of a provider of probation services.

(3)

The power to vary an order includes power to decrease the percentage of the offender’s excess monthly income payable under the order.

(4)

But the court may not exercise the power in subsection (1) so as to increase the percentage payable under the order.

161GIncome reduction orders: supplementary

(1)

In this Chapter—

“income” means income chargeable to income tax within the meaning of the Income Tax Acts;

“monthly income” has the meaning given by section 161A(3);

“the offender’s excess monthly income” has the meaning given by section 161A(2);

“primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

a Measure or Act of Senedd Cymru, or

(d)

Northern Ireland legislation.

(2)

The Secretary of State may by regulations amend the definition of “income” in subsection (1).

(3)

Regulations under this Chapter may amend primary legislation.

(4)

Regulations under this Chapter are subject to the affirmative resolution procedure.”

(2)

In Schedule 9 to the Administration of Justice Act 1970 (enforcement of orders for costs, compensation etc.), after paragraph 10 insert—

“10A

Where under Chapter 5 of Part 7 of the Sentencing Code a court makes an income reduction order.”

Purposes of sentencing

4Purposes of sentencing

(1)

In section 57(2)(d) of the Sentencing Code (purposes of sentencing: protection of the public), after “public” insert “(including victims of crime)”.

(2)

In section 237(1)(e) of the Armed Forces Act 2006 (purposes of sentencing: protection of the public), after “public” insert “(including victims of crime)”.

Deferment of sentence

5Date to which passing of sentence may be deferred

(1)

Section 5 of the Sentencing Code (making a deferment order) is amended as follows.

(2)

In subsection (2), for the words from “more than” to the end of the subsection substitute “—

(a)

more than 6 months after the date on which the order is made, if the offender was convicted of the offence, or any of the offences, before the relevant date, or

(b)

more than 12 months after the date on which the order is made, if the offender was convicted of the offence, or all of the offences, on or after the relevant date.”

(3)

After that subsection insert—

“(2A)

In subsection (2) “the relevant date” means the date on which section 5 of the Sentencing Act 2026 came into force.”

Finding of domestic abuse

6Finding of domestic abuse

(1)

In Part 3 of the Sentencing Code (sentencing procedure), after Chapter 5 insert—

“Chapter 6Finding of domestic abuse

56AFinding of domestic abuse

(1)

This section applies if—

(a)

a court is passing sentence for an offence, and

(b)

the court is of the view that the offence involved domestic abuse carried out by the offender.

(2)

The court must, in open court, state that in its view the offence involved domestic abuse carried out by the offender.

(3)

This section is without prejudice to any duty imposed on the court by section 59 or 60 to follow sentencing guidelines in dealing with the offender for the offence.

(4)

In this section “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act).”

(2)

In the Armed Forces Act 2006, after section 253 insert—

“Finding of domestic abuse

253AFinding of domestic abuse

(1)

This section applies if—

(a)

a court or officer is passing sentence for a service offence, and

(b)

the court or officer is of the view that the offence involved domestic abuse carried out by the offender.

(2)

The court or officer must, in open court, state that in the court’s or officer’s view the offence involved domestic abuse carried out by the offender.

(3)

In its application to a court, this section is without prejudice to any duty imposed on the court by section 259 to have regard to guidelines in dealing with the offender for the offence.

(4)

In this section—

“domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act);

“sentence” includes any order made when dealing with the offender in respect of an offence.”

Offenders of particular concern

7Special custodial sentence for certain offenders of particular concern: England and Wales

(1)

The Sentencing Code is amended in accordance with subsections (2) to (6).

(2)

In the italic heading before section 252A, for “terrorist” substitute “certain”.

(3)

In section 252A (required special sentence of detention for terrorist offenders of particular concern)—

(a)

in the heading, for “terrorist” substitute “certain”;

(b)

after subsection (1) insert—

“(1A)

Subsections (3) to (5) also apply where—

(a)

a person aged under 18 is convicted of an offence listed in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),

(b)

the offence was committed on or after the day on which section 7(3) of the Sentencing Act 2026 came into force,

(c)

the court does not impose—

(i)

a sentence of detention for life under section 250 for the offence or for an offence associated with it, or

(ii)

an extended sentence of detention under section 254 for an offence associated with the offence, and

(d)

the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).”;

(c)

in subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”;

(d)

in subsection (6), after “subsection (1)” insert “or (1A)”.

(4)

In section 265 (required special sentence for certain offenders of particular concern)—

(a)

in subsection (1), after paragraph (a) insert—

“(aa)

if 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(4) of the Sentencing Act 2026 came into force,”;

(b)

in subsection (1A)(b)—

(i)

in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;

(ii)

after sub-paragraph (i), but before the “or” at the end of it, insert—

“(ia)

if listed in Part 3 of Schedule 13, was committed before the day on which section 7(4) of the Sentencing Act 2026 came into force,”.

(5)

In section 278 (required special sentence for certain offenders of particular concern)—

(a)

in subsection (1), after paragraph (a) insert—

“(aa)

if 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)

in subsection (1A)(b)—

(i)

in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;

(ii)

after sub-paragraph (i), but before the “or” at the end of it, insert—

“(ia)

if 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,”.

(6)

In Schedule 13 (special sentence for offenders of particular concern: offences), after Part 2 insert—

“Part 3Offences involving or connected with a threat to national security

Official Secrets Act 1911

13

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

14

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

15

An offence under any of the following provisions of the National Security Act 2023—

(a)

section 1 (obtaining or disclosing protected information);

(b)

section 2 (obtaining or disclosing trade secrets);

(c)

section 3 (assisting a foreign intelligence service);

(d)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e)

section 12 (sabotage);

(f)

section 13 (foreign interference);

(g)

section 17 (obtaining etc material benefits from a foreign intelligence service);

(h)

section 18 (preparatory conduct);

(i)

section 56 (offences relating to Part 2 notices);

(j)

section 65 (requirement to register foreign activity arrangements);

(k)

section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l)

section 68 (failure to register relevant activities of specified persons);

(m)

section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n)

section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o)

section 77(1) or (2) (provision of false information);

(p)

section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

16

An offence—

(a)

to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b)

in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Inchoate offences

17

An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Certain other offences where foreign power condition met

18

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a)

which is punishable on indictment with imprisonment for more than 2 years, and

(b)

where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.”

(7)

In section 51A(3)(ba) of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), after “252A(1)(a)” insert “or (1A)(a)”.

(8)

The Criminal Justice Act 2003 is amended as follows—

(a)

in section 244A (release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc)—

(i)

in subsection (1), after “or under section” insert “252A,”;

(ii)

in subsection (6), in the definition of “the appropriate custodial term” after “or under section” insert “252A,”;

(b)

in section 256AA(1)(ba) (requirement for supervision after end of sentence) after “section” insert “252A,”;

(c)

in section 264(6) (consecutive terms: minimum custodial period), after paragraph (ca), insert—

“(caa)

in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,”;

(d)

in section 268(1A)(c) (meaning of “requisite custodial period” in Chapter 6 of Part 12), after “or under section” insert “252A,”.

(9)

In consequence of the amendments made by subsections (3) and (6), the Sentencing Act 2020 is amended as follows—

(a)

in section 16A (committal for sentence of young offenders on summary trial of certain terrorist offences)—

(i)

in the heading, omit “terrorist”;

(ii)

in subsection (1)(a), for “(terrorism offences” substitute “or (1A)(a) (offences”;

(b)

in section 19 (committal for sentence on indication of guilty plea by child with related offences)—

(i)

in subsection (1)(b), for “(terrorism offences” substitute “or (1A)(a) (offences”;

(ii)

in subsection (2)(a), after “252A(1)(a)” insert “or (1A)(a)”;

(c)

in section 22(1)(aa) (powers of Crown Court where offender aged under 18 committed for sentence), omit “terrorist”;

(d)

in section 166(5) (periods of extension of driving disqualification order where custodial sentence imposed), in entry 1A in the table, for “terrorist” substitute “certain”;

(e)

in section 221(2)(ba) (kinds of custodial sentence dealt with by Chapter 2 of Part 10) for “terrorist” substitute “certain”;

(f)

in section 398(4)(b), at the beginning insert “Part 1 or 2 of”;

(g)

in paragraph 51A of Schedule 22 (amendments of the Sentencing Code), for “terrorist” substitute “certain”;

(h)

in paragraph 15(2) of Schedule 27 (transitional provision)—

(i)

in paragraph (za), after “section 252A(1)(c)(i)” insert “and (1A)(c)(i)”;

(ii)

in paragraph (zb), after “section 252A(1)(c)(ii)” insert “and (1A)(c)(ii)”.

(10)

If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before or at the same time as the coming into force of subsection (8), that subsection is to be read as if paragraph (b) were omitted.

8Sentence with fixed licence period: Scotland

(1)

Section 205ZC of the Criminal Procedure (Scotland) Act 1995 (terrorism sentence with fixed licence period) is amended in accordance with subsections (2) to (5).

(2)

In the heading, omit “Terrorism”.

(3)

After subsection (1) insert—

“(1A)

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.”

(4)

In subsection (2), in paragraph (b), for the words from “before the day” to the end of the paragraph substitute “—

(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.”

(5)

In subsection (8)(a), after “specified in” insert “Part 1 of”.

(6)

Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (terrorism offences) is amended in accordance with subsections (7) to (11).

(7)

For the Schedule heading substitute “Offences specified for the purpose of section 205ZC (sentence with fixed licence period)”.

(8)

After the Schedule heading (and so that the existing text in the Schedule becomes Part 1 of the Schedule) insert—

“Part 1Terrorism Offences”

(9)

In paragraph 7(1) (ancillary offences), after “Part” insert “of this Schedule”.

(10)

In paragraph 8 (abolished offences)—

(a)

in paragraph (a), after “this” insert “Part of this”;

(b)

in paragraph (b), after “this”, in the first place it occurs, insert “Part of this”.

(11)

At the end of the Schedule insert—

“Part 2Offences involving or connected with a threat to national security

Official Secrets Act 1911

9

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

10

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

11

An offence under any of the following provisions of the National Security Act 2023—

(a)

section 1 (obtaining or disclosing protected information);

(b)

section 2 (obtaining or disclosing trade secrets);

(c)

section 3 (assisting a foreign intelligence service);

(d)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e)

section 12 (sabotage);

(f)

section 13 (foreign interference);

(g)

section 17 (obtaining etc material benefits from a foreign intelligence service);

(h)

section 18 (preparatory conduct);

(i)

section 56 (offences relating to Part 2 notices);

(j)

section 65 (requirement to register foreign activity arrangements);

(k)

section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l)

section 68 (failure to register relevant activities of specified persons);

(m)

section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n)

section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o)

section 77(1) or (2) (provision of false information);

(p)

section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

12

An offence—

(a)

to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b)

in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Ancillary offences

13

(1)

An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2)

Conspiracy to commit a listed offence.

(3)

Incitement to commit a listed offence.

(4)

Aiding, abetting, counselling or procuring the commission of a listed offence.

Certain other offences where foreign power condition met

14

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a)

which is punishable on indictment with imprisonment for more than 2 years, and

(b)

in relation to which section 21 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Scotland).”

(12)

Part 1 of Schedule 2 makes consequential provision.

9Sentence with fixed licence period: Northern Ireland

(1)

Article 15A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (terrorism sentence with fixed licence period) is amended in accordance with subsections (2) to (4).

(2)

In the heading, omit “Terrorism”.

(3)

In paragraph (2), in the words before paragraph (a), after “apply” insert “by virtue of paragraph (1)”.

(4)

After paragraph (2) insert—

“(2A)

This Article also applies where—

(a)

a person is convicted after the commencement of section 9 of the Sentencing Act 2026 of an offence specified in Schedule 2B (offences involving or connected with a threat to national security specified for the purposes of Article 15A),

(b)

the court does not impose, in respect of the offence or any offence associated with it, a life sentence, an indeterminate custodial sentence, a serious terrorism sentence or an extended custodial sentence, and

(c)

the court decides to impose a custodial sentence.

(2B)

But this Article does not apply by virtue of paragraph (2A) where—

(a)

the offender is under the age of 21 when convicted of the offence, and

(b)

the offence was committed before the commencement of section 9 of the Sentencing Act 2026.”

(5)

In the Criminal Justice (Northern Ireland) Order 2008, after Schedule 2A insert—

“Schedule 2BOffences involving or connected with a threat to national security specified for the purposes of Article 15A

Article 15A(2A)

Official Secrets Act 1911

1

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

2

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

3

An offence under any of the following provisions of the National Security Act 2023—

(a)

section 1 (obtaining or disclosing protected information);

(b)

section 2 (obtaining or disclosing trade secrets);

(c)

section 3 (assisting a foreign intelligence service);

(d)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e)

section 12 (sabotage);

(f)

section 13 (foreign interference);

(g)

section 17 (obtaining etc material benefits from a foreign intelligence service);

(h)

section 18 (preparatory conduct);

(i)

section 56 (offences relating to Part 2 notices);

(j)

section 65 (requirement to register foreign activity arrangements);

(k)

section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l)

section 68 (failure to register relevant activities of specified persons);

(m)

section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n)

section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o)

section 77(1) or (2) (provision of false information);

(p)

section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

4

An offence—

(a)

to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b)

in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Ancillary offences

5

(1)

In the preceding paragraphs of this Schedule any reference to an offence includes an ancillary offence in relation to that offence (unless the reference is specifically to an ancillary offence).

(2)

“Ancillary offence”, in relation to an offence, means any of the following—

(a)

aiding, abetting, counselling or procuring the commission of the offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(c)

attempting or conspiring to commit the offence.

(3)

In sub-paragraph (2)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement.

Certain other offences where foreign power condition met

6

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a)

which is punishable on indictment with imprisonment for more than 2 years, and

(b)

in relation to which section 20 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Northern Ireland).”

(6)

Part 2 of Schedule 2 makes consequential provision.

10Corresponding provision under service law

Schedule 3 makes provision about sentencing under service law that corresponds to provision made by section 7.

Whole life order: murder of police, prison or probation officer

11Whole life order: murder of police, prison or probation officer

In paragraph 2(2) of Schedule 21 to the Sentencing Code (mandatory life sentences: starting point of whole life order), after paragraph (c) insert—

“(ca)

the murder of an officer of a provider of probation services in the course of his or her duty, where the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,

(cb)

the murder of a person who was serving or had ceased to serve as a police officer, a prison officer or an officer of a provider of probation services where—

(i)

the offence was motivated wholly or partly by something done by the victim in the course of their duty as a police officer, a prison officer or an officer of a provider of probation services, and

(ii)

the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,”.

Rehabilitation activity requirement

12Removal of requirement to specify maximum number of days

In paragraph 4 of Schedule 9 to the Sentencing Code (meaning of rehabilitation activity requirement), omit sub-paragraph (2).

13Rehabilitation activity requirement renamed probation requirement

(1)

The Sentencing Code is amended as follows.

(2)

In section 201 (community order requirements table), for “rehabilitation activity requirement” substitute “probation requirement”.

(3)

In section 287 (suspended sentence order: community requirements table), for “rehabilitation activity requirement” substitute “probation requirement”.

(4)

In section 394 (rules relating to community orders and suspended sentence orders etc), in subsection (1)(e)(i), for “rehabilitation activity requirements” substitute “probation requirements”.

(5)

In Schedule 9 (community orders and suspended sentence orders: requirements)—

(a)

in the heading to Part 2, for “Rehabilitation activity requirement” substitute “Probation requirement”;

(b)

in paragraph 4(1), for ““rehabilitation activity requirement”” substitute ““probation requirement””;

(c)

in paragraph 5(1), for “rehabilitation activity requirement” substitute “probation requirement”.

(6)

In Schedule 11 (transfer of community orders to Scotland or Northern Ireland)—

(a)

in paragraph 5(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”;

(b)

in paragraph 12(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”.

(7)

In Schedule 17 (transfer of suspended sentence orders to Scotland or Northern Ireland)—

(a)

in paragraph 9(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”;

(b)

in paragraph 32(5)(b), for “rehabilitation activity requirement” substitute “probation requirement”.

New community order requirements and community requirements

14Driving prohibition requirement

(1)

The Sentencing Code is amended in accordance with subsections (2) to (7).

(2)

In section 163(2) (availability of driving disqualification), at the end insert “(including where the court makes a community order or a suspended sentence order which imposes a driving prohibition requirement).”

(3)

In section 201 (community order requirements table), in the table, after the entry relating to the prohibited activity requirement insert—

“driving prohibition requirement

Part 4A

section 207(A1)”.

(4)

In section 207 (availability of community order requirements)—

(a)

before the italic heading before subsection (1) insert—

“A1Driving prohibition requirement

A driving prohibition requirement is not an available requirement if the offence was committed before the day on which section 14(4)(a) of the Sentencing Act 2026 came into force.”;

(b)

after subsection (4) insert—

“(5)Day on which offence committed

Where 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 this section to have been committed on the last of those days.”

(5)

In section 287 (community requirements table), in the table, after the entry relating to the prohibited activity requirement insert—

“driving prohibition requirement

Part 4A

section 291(A1)”.

(6)

In section 291 (availability of community requirements)—

(a)

before the italic heading before subsection (1) insert—

“A1Driving prohibition requirement

A driving prohibition requirement is not an available requirement if the offence was committed before the day on which section 14(6)(a) of the Sentencing Act 2026 came into force.”;

(b)

after subsection (4) insert—

“(5)Day on which offence committed

Where 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 this section to have been committed on the last of those days.”

(7)

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4 insert—

“Part 4ADriving prohibition requirement

8A

(1)

In this Code “driving prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from driving a motor vehicle on a road or other public place.

(2)

A driving prohibition requirement may prohibit the offender—

(a)

from driving at any time in a particular period or at particular times in a particular period;

(b)

from driving any motor vehicle or a motor vehicle of a particular kind;

(c)

from driving on any road or other public place or on a road or other public place in a particular area.

(3)

Where the court makes a relevant order imposing a driving prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from driving at particular times, those times;

(c)

if the order prohibits the offender from driving a motor vehicle of a particular kind, that kind of motor vehicle;

(d)

if the order prohibits the offender from driving on a road or other public place in a particular area, that area.

(4)

A court may impose a driving prohibition requirement whether or not the offence to which the order relates involved—

(a)

the driving of a motor vehicle, or

(b)

the use of a motor vehicle to commit the offence.

(5)

In this paragraph—

“motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

“road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).”

(8)

In section 177H of the Armed Forces Act 2006 (availability of driving disqualification order), at the end insert “(including where the court makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement).”

15Public event attendance prohibition requirement

(1)

The Sentencing Code is amended as follows.

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the driving prohibition requirement (inserted by section 14(3)), insert—

“public event attendance prohibition requirement

Part 4B

section 207(B1)”.

(3)

In section 207 (availability of community order requirements), after subsection (A1) (inserted by section 14(4)(a)) insert—

“B1Public event attendance prohibition requirement

A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(3) of the Sentencing Act 2026 came into force.”

(4)

In section 287 (community requirements table), in the table, after the entry relating to the driving prohibition requirement (inserted by section 14(5)), insert—

“public event attendance prohibition requirement

Part 4B

section 291(B1)”.

(5)

In section 291 (availability of community requirements), after subsection (A1) (inserted by section 14(6)(a)) insert—

“B1Public event attendance prohibition requirement

A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(5) of the Sentencing Act 2026 came into force.”

(6)

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4A (inserted by section 14(7)) insert—

“Part 4BPublic event attendance prohibition requirement

8B

(1)

In this Code “public event attendance prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from attending a public event.

(2)

A public event attendance prohibition requirement may prohibit the offender from attending a public event at any time in a particular period or at particular times in a particular period.

(3)

A public event attendance prohibition requirement may prohibit the offender from attending—

(a)

a particular public event,

(b)

a public event of a particular kind, or

(c)

any public event.

(4)

Where the court makes a relevant order imposing a public event attendance prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from attending a public event at particular times, those times;

(c)

if the order prohibits the offender from attending a particular event, that public event;

(d)

if the order prohibits the offender from attending a public event of a particular kind, that kind of public event.

(5)

In this paragraph “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.”

16Drinking establishment entry prohibition requirement

(1)

The Sentencing Code is amended as follows.

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(2)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 207(C1)”.

(3)

In section 207 (availability of community order requirements), after subsection (B1) (inserted by section 15(3)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(3) of the Sentencing Act 2026 came into force.”

(4)

In section 287 (community requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(4)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 291(C1)”.

(5)

In section 291 (availability of community requirements), after subsection (B1) (inserted by section 15(5)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(5) of the Sentencing Act 2026 came into force.”

(6)

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4B (inserted by section 15(6)) insert—

“Part 4CDrinking establishment entry prohibition requirement

8C

(1)

In this Code “drinking establishment entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering a drinking establishment.

(2)

A drinking establishment entry prohibition requirement may prohibit the offender from entering a drinking establishment at any time in a particular period or at particular times in a particular period.

(3)

A drinking establishment entry prohibition requirement may prohibit the offender from entering—

(a)

a particular drinking establishment,

(b)

a drinking establishment of a particular kind, or

(c)

any drinking establishment.

(4)

Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from entering a drinking establishment at particular times, those times;

(c)

if the order prohibits the offender from entering a particular drinking establishment, that drinking establishment;

(d)

if the order prohibits the offender from entering a drinking establishment of a particular kind, that kind of drinking establishment.

(5)

In this paragraph “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”

17Restriction zone requirement

(1)

The Sentencing Code is amended in accordance with subsections (2) to (12).

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(2)), insert—

“restriction zone requirement

Part 4D

section 207(D1)”.

(3)

In section 207 (availability of community order requirements), after subsection (C1) (inserted by section 16(3)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(3) of the Sentencing Act 2026 came into force.”

(4)

In section 212(3) (persons to whom partial copy of community order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(5)

In section 287 (community requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(4)), insert—

“restriction zone requirement

Part 4D

section 291(D1)”.

(6)

In section 291 (availability of community requirements), after subsection (C1) (inserted by section 16(5)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(6) of the Sentencing Act 2026 came into force.”

(7)

In section 298(3) (persons to whom partial copy of suspended sentence order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(8)

In Schedule 9 (community orders and suspended sentence orders: requirements)—

(a)

after Part 4C (inserted by section 16(6)) insert—

“Part 4DRestriction zone requirement

8D

(1)

In this Code “restriction zone requirement”, in relation to a relevant order, means a requirement that the offender must remain, for a particular period (“the relevant period”), in one or more particular areas.

(2)

Where the court makes a relevant order imposing a restriction zone requirement, the following must be specified in the order—

(a)

the relevant period;

(b)

the area or areas in which the offender must remain for the relevant period.

(3)

The relevant period must not exceed the period of 2 years beginning with the day on which the requirement first takes effect.

(4)

Different areas may be specified for different periods in the relevant period.

(5)

Where the relevant order specifies different areas which do not adjoin each other, it may include provision for the offender to travel between any of those areas.

(6)

Where the court makes a relevant order imposing a restriction zone requirement, it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)

it is prevented from doing so by—

(i)

paragraph 33 (consent of person whose cooperation is required), or

(ii)

paragraph 34(1) (arrangements in relevant areas), or

(b)

in the particular circumstances of the case, it considers it inappropriate to do so.”;

(b)

in paragraph 34 (restriction on imposing an electronic compliance monitoring requirement)—

(i)

in sub-paragraph (1)(a), for “(2)“ substitute “(1A)”;

(ii)

after sub-paragraph (1) insert—

“(1A)

In the case of a relevant order containing a restriction zone requirement, each area proposed to be specified in the order is a relevant area.”

(9)

In paragraph 27(4) of Schedule 10 (persons to whom partial copy of amending order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(10)

In paragraph 17(3) of Schedule 11 (persons to whom partial copy of community order or amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(11)

In paragraph 28(4) of Schedule 16 (persons to whom partial copy of amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(12)

In paragraph 13(5) of Schedule 17 (persons to whom partial copy of transferring order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(13)

The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).

(14)

In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the Sentencing Code to overseas community orders), after sub-paragraph (ix), and on a new line, insert “(see also the modification to paragraph 8D of Schedule 9 made by section 183(5A) of this Act);”.

(15)

In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—

(a)

in subsection (1), for “(5)” substitute “(5A)”;

(b)

after subsection (5) insert—

“(5A)

Paragraph 8D of Schedule 9 (restriction zone requirement) has effect as if sub-paragraph (6) were omitted.”

18Power to add or alter requirements

(1)

The Sentencing Act 2020 is amended as follows.

(2)

In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—

“(iia)

paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders),”.

(3)

Section 407 extends to Scotland (as well as to England and Wales and Northern Ireland).

(4)

In section 414 (extent)—

(a)

in subsection (3)(c), after “rules)” insert “(but see subsection (7))”;

(b)

after subsection (6) insert—

“(7)

See also sections 18(3) and 48(2)(a) of the Sentencing Act 2026 (extent of section 407 and paragraph 13A of Schedule 23).”

(5)

In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—

“Power to add or alter requirements

13A

(1)

The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—

(a)

add a relevant requirement;

(b)

make provision about a relevant requirement added pursuant to paragraph (a);

(c)

alter provision about a relevant requirement that applies for the time being.

(2)

In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.

(3)

Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(4)

Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.

(5)

Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.

(6)

Regulations under this paragraph are subject to the affirmative resolution procedure.”

Sentencing Council for England and Wales

19Sentencing Council business plan

After section 118 of the Coroners and Justice Act 2009 insert—

“118ABusiness plan

(1)

As soon as practicable after the beginning of each financial year, the Council must submit a business plan for the year to the Lord Chancellor for approval.

(2)

The business plan for a financial year must set out—

(a)

the matters about which the Council proposes to prepare sentencing guidelines in the year, and

(b)

the other activities it proposes to undertake in the year.

(3)

As soon as practicable after receiving a business plan submitted under subsection (1), the Lord Chancellor must consider the plan and decide whether to approve it.

(4)

If the Lord Chancellor approves the business plan for a financial year—

(a)

the Lord Chancellor must notify the Council, and

(b)

the Council must publish the plan once it has been so notified.

(5)

If the Lord Chancellor decides not to approve the business plan for a financial year, the Lord Chancellor must—

(a)

notify the Council, and

(b)

as soon as practicable after doing so, lay before Parliament a document stating the reason for the decision.”

20Sentencing guidelines

(1)

The Coroners and Justice Act 2009 is amended as follows.

(2)

In section 120 (sentencing guidelines)—

(a)

in subsection (7), after “appropriate” insert “—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(b)

in subsection (8), for “such amendments” substitute “any amendments of the draft guidelines which it considers appropriate—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(c)

after subsection (8) insert—

“(8A)

The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (7) or (8) as soon as practicable after receiving the request.

(8B)

The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (7) or (8) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.

(8C)

If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (7) or (8), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;

(d)

in subsection (10), after “and (8)” insert “to (8C)”.

(3)

In section 122 (allocation guidelines)—

(a)

in subsection (5), after “appropriate” insert “—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given”;

(b)

after subsection (5) insert—

“(5A)

The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (5) as soon as practicable after receiving the request.

(5B)

The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (5) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.

(5C)

If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (5), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;

(c)

in subsection (7), for “(5)” substitute “(5C)”.

Prison capacity report

21Annual report relating to prison capacity

(1)

The Secretary of State must, for each year, prepare and lay before Parliament a report relating to prison capacity.

(2)

The report for a year—

(a)

must include information about—

(i)

the number of people in prison and the number of prison places on a particular date or dates in that year, and

(ii)

projected changes in the number of people in prison and the number of prison places, and

(b)

may include any other information that the Secretary of State considers appropriate.

(3)

The Secretary of State must publish the report after it has been laid before Parliament.

(4)

“Prison” does not include a naval, military or air force prison.

(5)

In the Prison Act 1952—

(a)

omit section 5 (annual report on prisons);

(b)

in section 43 (places for the detention of young offenders), in the table in subsection (4), in the second column for the entry for “secure training centres or secure colleges” omit “5,”.

Court transcripts

22Provision of transcripts of sentencing remarks to victims

(1)

Subsection (2) applies if a victim (“V”) requests the Secretary of State to supply V with a transcript of sentencing remarks that are relevant to V.

(2)

The Secretary of State must supply the transcript to V, or arrange for the transcript to be supplied to V—

(a)

free of charge, and

(b)

before the end of the period specified in regulations made by the Secretary of State.

This is subject to regulations under subsection (3) and Criminal Procedure Rules under subsection (5).

(3)

The Secretary of State may by regulations—

(a)

make provision about how a request under subsection (1) is to be made;

(b)

make provision about the information to be provided in making such a request;

(c)

provide for exceptions to the requirement in subsection (2) to supply a transcript of sentencing remarks;

(d)

provide that, in circumstances specified in the regulations, a transcript must be provided with the omission of information so specified;

(e)

make further provision about the supply of a transcript under subsection (2).

(4)

Regulations under subsection (3) may, in particular—

(a)

confer a function (including the exercise of a discretion) on the Secretary of State or another person or description of person;

(b)

make provision which refers to Criminal Procedure Rules (including as amended or replaced from time to time).

(5)

Criminal Procedure Rules may make provision about the supply of a transcript under subsection (2) (including any provision that may be made by regulations under subsection (3) or by virtue of subsection (4)(a)).

(6)

A power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(7)

Regulations under this section are to be made by statutory instrument.

(8)

The Secretary of State must consult the Lord Chief Justice before making regulations under this section.

(9)

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10)

In this section—

“sentencing remarks” means remarks made by a judge of the Crown Court in England and Wales when sentencing an offender for an offence;

“victim” has the meaning given by regulations made by the Secretary of State.

(11)

The Secretary of State may by regulations make provision about the circumstances in which, for the purposes of this section, sentencing remarks are relevant to a victim.