Legislation – Sentencing Act 2026
Changes to legislation:
Sentencing Act 2026, Paragraph 3 is up to date with all changes known to be in force on or before 04 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Schedule 1Presumption of suspended sentence order: consequential provision
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)
“(aa)
section 264A (presumption of suspended sentence order: offender under 21);”;
(b)
“(ba)
section 277A (presumption of suspended sentence order: person aged 21 or over);”.
(3)
“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;”.