Legislation – Sentencing Act 2026

In section 21(2C)(b) of the Firearms Act 1968 (ban on possession of firearm by person subject to suspended sentence), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Proceeds of Crime Act 2002

2

In section 38(4)(a) of the Proceeds of Crime Act 2002 (provisions about imprisonment or detention: disregard of suspended sentence orders), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Armed Forces Act 2006

3 (1)

The Armed Forces Act 2006 is amended as follows.

(2)

In section 200(1) (application of provisions in the Sentencing Code about suspended sentence orders)—

(a)

after paragraph (a) insert—

“(aa)

section 264A (presumption of suspended sentence order: offender under 21);”;

(b)

after paragraph (b) insert—

“(ba)

section 277A (presumption of suspended sentence order: person aged 21 or over);”.

(3)

Before section 200A insert—

“200ZBModifications of sections 264A and 277A of the Sentencing Code

(1)

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

(a)

in subsection (3), after paragraph (d) there were inserted—

“(da)

the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b)

in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c)

in subsection (7), before the definition of “order of a court” there were inserted—

““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.

(2)

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

(a)

in subsection (3), after paragraph (d) there were inserted—

“(da)

the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b)

in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c)

in subsection (8), before the definition of “order of a court” there were inserted—

““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.

Sentencing Act 2020

4

In Schedule 22 to the Sentencing Act 2020 (amendments of the Sentencing Code etc), after paragraph 54 insert—

“54A

In section 277A (presumption of suspended sentence order: person aged 21 or over)—

(a)

in subsection (1)(a), for “21” substitute “18”;

(b)

in the heading, for “person aged 21 or over” substitute “adults”.”