Legislation – Sentencing Act 2026

Section 224A of the Armed Forces Act 2006 (special custodial sentence for offenders of particular concern) is amended in accordance with paragraphs 2 to 9.

2

In subsection (1)(b) (before its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), after “listed in” insert “Part 1 or 2 of”.

3

In subsection (1)(b) (after its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), in sub-paragraph (i), after “listed in” insert “Part 1 or 2 of”.

4

In subsection (1A) (as inserted by paragraph 8(4) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), for the words before paragraph (a), substitute “But nothing in subsection (1) results in this section applying if—”.

5

After subsection (1A) insert—

“(1B)

This section also applies where—

(a)

a person aged 18 or over is convicted by the Court Martial of an offence on or after the day on which paragraph 5 of Schedule 3 to the Sentencing Act 2026 comes into force (“the relevant day”),

(b)

the offence—

(i)

is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or

(ii)

is an offence, other than one for which the sentence is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7) of this Act) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c)

the court does not impose one of the following for the offence—

(i)

a sentence of imprisonment or custody for life, or

(ii)

an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act), and

(d)

if the person was aged under 18 when the offence was committed, the offence was committed on or after the relevant day.”

6

On the coming into force of paragraph 2 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021, in subsection (1B) of section 224A (as inserted by paragraph 5 of this Schedule), in paragraph (c)—

(a)

omit the “or” at the end of sub-paragraph (i);

(b)

after sub-paragraph (ii) (but before the “and” at the end of it) insert “or

(iii)

a serious terrorism sentence of detention or imprisonment under section 268A or 282A of the Sentencing Code (as applied by section 219ZA of this Act),”.

7

In subsection (3), after “(1)(d),” insert “(1B)(c),”.

8

In subsection (3A) (as inserted by paragraph 41(9)(b) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021), after “subsection (1A)” insert “or (1B)”.

9

If paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force before paragraph 2 of this Schedule comes into force, this Schedule is to be read as if paragraph 2 were omitted.

10

Section 224B of the Armed Forces Act 2006 (as inserted by paragraph 9 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021) is amended in accordance with paragraphs 11 to 14.

11

In the heading, for “terrorist” substitute “certain”.

12

After subsection (1) insert—

“(1A)

Subsections (3) and (4) also apply where—

(a)

a person aged under 18 is convicted by the Court Martial of an offence committed on or after the day on which paragraph 12 of Schedule 3 to the Sentencing Act 2026 comes into force,

(b)

the offence—

(i)

is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or

(ii)

is an offence, other than one for which the sentence is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7)) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c)

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

(i)

a sentence of detention for life under section 209, or

(ii)

an extended sentence of detention under section 254 of the Sentencing Code (as applied by section 221A of this Act), and

(d)

the court would, apart from this section, impose a custodial sentence (see, in particular, section 260(2)).”

13

In subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”.

14

In subsection (5), after “subsection (1)” insert “or (1A)”.

15

In consequence of the amendments made by paragraphs 10 to 14, in the table in section 177J(5) of the Armed Forces Act 2006 (extension of driving disqualification where custodial sentence or service detention also imposed), in row 2, for “terrorist” substitute “certain”.

16

In paragraph 15 of Schedule 26 to the Sentencing Act 2020 (amendment of section 224A of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution), after sub-paragraph (a) insert—

“(aa)

in subsection (1B)(c)(i) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) omit “or custody”;

(ab)

in subsection (1B)(c)(ii) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) for “detention or imprisonment under section 266 or 279” substitute “imprisonment under section 279”;

(ac)

in subsection (1B)(c)(iii) (as inserted by paragraph 6 of Schedule 3 to the Sentencing Act 2026), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”.”