Legislation – Sentencing Act 2026

“Schedule 19ZBOffences where offender not eligible for release at the end of the section 255BA automatic release period

Section 255A(8)(d)

Official Secrets Act 1911

1

An offence under section 7 of the Official Secrets Act 1911 (harbouring spies).

Official Secrets Act 1989

2

An offence under the Official Secrets Act 1989 other than an offence under section 8(1), (4) or (5).

Terrorism Act 2000

3

An offence under any of the following provisions of the Terrorism Act 2000—

(a)

section 13 (uniform and publication of images);

(b)

section 21D (tipping off: regulated sector);

(c)

section 36(2) (failure to comply with an order, etc of constable in connection with terrorist investigation);

(d)

section 51(2) (failure to move a vehicle when required to do so);

(e)

section 116(3) (failure to stop a vehicle when required to do so);

(f)

section 120B (offences in relation to counter-terrorism financial investigators);

(g)

in Schedule 5 (terrorist investigations: information)—

(i)

paragraph 3(7) (wilfully obstructing a search of a cordoned area);

(ii)

paragraph 14 (making a false or misleading statement in connection with a terrorist investigation);

(iii)

paragraph 15(4) (wilfully obstructing an urgent search);

(iv)

paragraph 16(3) (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland);

(v)

paragraph 32(3) (failure to comply with an urgent explanation notice: Scotland);

(h)

in Schedule 5A (terrorist financing investigations: disclosure orders)—

(i)

paragraph 11 (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland);

(ii)

paragraph 21 (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland);

(i)

paragraph 1(3) of Schedule 6 (failure to comply with requirement to provide financial information);

(j)

paragraph 18 of Schedule 7 (port and border controls: failure to comply with duty, etc).

Counter-Terrorism Act 2008

4

An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a)

paragraph 15 of Schedule 5 (breach of foreign travel restriction order);

(b)

in Schedule 7 (terrorist financing and money laundering)—

(i)

paragraph 30 (failure to comply with requirement imposed by direction);

(ii)

paragraph 30A (circumvention of requirement imposed by direction);

(iii)

paragraph 31 (offences in connection with licences).

Counter-Terrorism and Security Act 2015

5

An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over travel documents or hindering a search).

Counter-Terrorism and Border Security Act 2019

6

An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty relating to border security or obstructing a search).

National Security Act 2023

7

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

(a)

section 5(1) (unauthorised entry to a prohibited place);

(b)

section 6(4) (failure to comply with instructions of constable around a prohibited place);

(c)

section 11(4) (failure to comply with police cordon);

(d)

section 69(5) (requirement to register foreign influence arrangements);

(e)

section 71(2) or (3) (carrying out political influence activities pursuant to unregistered foreign influence arrangement);

(f)

section 72(6) (failure to register political influence activities of foreign powers);

(g)

section 74(8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72 (failure to submit material change in relation to foreign influence arrangement or political influence activity registrations);

(h)

section 75(8) committed in relation to an information notice given under section 75(2) (failure to comply with a requirement to provide information);

(i)

section 77(3) or (4) (providing false information);

(j)

section 78(2) (carrying out activities under arrangements tainted by false information);

(k)

in Schedule 2 (powers of entry, search and seizure)—

(i)

paragraph 11(1) (providing false or misleading response to an order requiring explanation of material);

(ii)

paragraph 12(5) (wilfully obstructing an urgent search);

(iii)

paragraph 14(3) (failure to comply with an urgent notice);

(l)

in Schedule 3 (disclosure orders)—

(i)

paragraph 7(1) (failure to comply with a disclosure order);

(ii)

paragraph 7(3) (making a false or misleading statement in response to a disclosure order);

(m)

paragraph 6(1) of Schedule 4 (failure to comply with a customer information order).

Acting for foreign power

8

An offence in relation to which, under section 20 of the National Security Act 2023 (aggravating factor where foreign power condition met: Northern Ireland), the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence.

9

An offence to which section 21 of that Act applies (aggravating factor where foreign power condition met: Scotland).

Inchoate offences

10

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

11

Conspiracy to commit a listed offence.

12

An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

13

Incitement to commit a listed offence.

14

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

Service offences

15

(1)

A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes—

(a)

a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A,

(b)

a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and

(c)

a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A.

(2)

Section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) of sub-paragraph (1) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.”