Sentencing Act 2026, Paragraph 3 is up to date with all changes known to be in force on or before 05 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.

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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.

View outstanding changes

Changes and effects yet to be applied to Schedule 2 Paragraph 3:

Sch. 2 para. 3 coming into force by 2026 c. 2 s. 49(4)

Schedules

Schedule 2Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision

Part 1Scotland

Prisoners and Criminal Proceedings (Scotland) Act 1993

3 (1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2)

In section 1(9) (release of short-term, long-term and life prisoners)—

(a)

the words from “in respect of an offence” to the end of the subsection become paragraph (a);

(b)

at the end of that paragraph insert “, or

(b)

under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”

(3)

In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—

(a)

in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;

(b)

after subsection (2A) insert—

“(2B)

This section also applies to a prisoner other than a life prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c)

in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;

(d)

in subsections (4) and (5), omit “terrorist”.

(4)

In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—

(a)

in the heading, after “terrorism” insert “or national security-related”;

(b)

in subsection (1), for paragraph (b) (but not the “and” at the end of that paragraph) substitute—

“(b)

one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—

(i)

in respect of an offence within section 1AB(2), or

(ii)

under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security),”;

(c)

in subsection (2)—

(i)

after “terrorism”, in both places it occurs, insert “or national security-related”;

(ii)

for “imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”),” substitute “that is not a terrorism or national security-related sentence,”;

(iii)

for “the non-terrorism” substitute “that other”;

(d)

in subsection (3)—

(i)

after “terrorism” insert “or national security-related”;

(ii)

for “non-terrorism” substitute “other”;

(e)

in subsections (4) to (7), (9), (10) and (13)—

(i)

after “terrorism”, in each place it occurs, insert “or national security-related”;

(ii)

for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.

(5)

In section 2 (duty to release discretionary life prisoners)—

(a)

in subsection (6), after “(6B)” insert “, (6C)”;

(b)

after subsection (6B) insert—

“(6C)

No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;

(c)

in subsection (7), after “(6B)” insert “or (6C)”.

(6)

In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—

(a)

in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;

(b)

in subsection (1ZA)(b), omit “terrorism”.

(7)

In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—

(a)

after paragraph (c) insert—

“(ca)

serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;

(b)

in paragraph (d), after “terrorism” insert “or national security-related”.

(8)

In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.

(9)

In section 26ZA (terrorism sentences)—

(a)

in the heading, after “terrorism” insert “and national security-related”;

(b)

for subsection (1) substitute—

“(1)

This section applies to a person (“the prisoner”) who—

(a)

is not a life prisoner, and

(b)

is serving a terrorism or national security-related sentence.”;

(c)

in subsection (2)—

(i)

in the words before paragraph (a), after “terrorism” insert “or national security-related”;

(ii)

in paragraph (b), omit “terrorism”;

(d)

in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;

(e)

in subsections (4) and (5), for “a terrorist” substitute “the”;

(f)

in subsection (7)—

(i)

for “a terrorist” substitute “the”;

(ii)

after “terrorism” insert “or national security-related”;

(g)

in subsection (8)(b), omit “terrorism”;

(h)

in subsection (9)—

(i)

for “a terrorist” substitute “the”;

(ii)

after “terrorism” insert “or national security-related”;

(i)

in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;

(j)

in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—

(i)

after “terrorism” insert “or national security-related”;

(ii)

omit “terrorist”;

(k)

in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.

(10)

In section 27 (interpretation of Part 1)—

(a)

in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;

(b)

after subsection (5A), insert—

“(5AA)

Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c)

in subsection (5B)—

(i)

for “an offence within section 1AB(2)”, in the first place it appears, substitute “a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence”;

(ii)

after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.