Legislation – Sentencing Act 2026

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Introduction

Part 1
Sentencing

1 Presumption of suspended sentence order for sentences of 12 months or less

2 Custodial sentences that may be suspended

3 Income reduction orders

4 Purposes of sentencing

5 Date to which passing of sentence may be deferred

6 Finding of domestic abuse

7 Special custodial sentence for certain offenders of particular concern: England and Wales

8 Sentence with fixed licence period: Scotland

9 Sentence with fixed licence period: Northern Ireland

10 Corresponding provision under service law

11 Whole life order: murder of police, prison or probation officer

12 Removal of requirement to specify maximum number of days

13 Rehabilitation activity requirement renamed probation requirement

14 Driving prohibition requirement

15 Public event attendance prohibition requirement

16 Drinking establishment entry prohibition requirement

17 Restriction zone requirement

18 Power to add or alter requirements

19 Sentencing Council business plan

20 Sentencing guidelines

21 Annual report relating to prison capacity

22 Provision of transcripts of sentencing remarks to victims

Part 2
Management of offenders after sentencing

23 Release

24 Release: consequential amendments relating to driving disqualification

25 Release on licence of certain violent or sexual offenders: service offences

26 Limitation of provisions about home detention curfew

27 Licence conditions

28 Licence conditions: offenders sentenced under repealed armed forces legislation

29 Power to make provision about recall to prison

30 Further release after recall: introductory

31 Further release after recall: relevant young offenders suitable for automatic release

32 Further release after recall: other offenders eligible for automatic release

33 Further release after recall: supplementary

34 Repeal of provisions relating to supervision after end of sentence

35 Early removal of prisoners liable to removal from United Kingdom

36 Removal of maximum period for unpaid work requirement

37 Number of hours of work required by unpaid work requirement

38 Termination of community order

39 Termination of supervision period of suspended sentence order

40 Rules about the proceedings of the Parole Board

41 Application of provisions about release etc to certain repatriated prisoners

42 Imprisonment or detention for public protection: termination of licences

43 Powers of High Court on referral

Part 3
Bail

44 Amendments to Bail Act 1976

Part 4
Foreign criminals

45 Deportation of foreign criminals

Part 5
General

46 Power to make consequential provision

47 Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

48 Extent

49 Commencement

50 Short title

SCHEDULES

Schedule 1 Presumption of suspended sentence order: consequential provision

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

Schedule 3 Corresponding provision about sentencing under service law: sentences for offenders of particular concern

Schedule 4 Offences where offender not eligible for automatic release under section 255BA after recall

Schedule 5 Repeal of provisions relating to supervision after end of sentence: consequential provision

Part 1Sentencing

New community order requirements and community requirements

16Drinking establishment entry prohibition requirement

(1)

The Sentencing Code is amended as follows.

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(2)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 207(C1)”.

(3)

In section 207 (availability of community order requirements), after subsection (B1) (inserted by section 15(3)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(3) of the Sentencing Act 2026 came into force.”

(4)

In section 287 (community requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(4)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 291(C1)”.

(5)

In section 291 (availability of community requirements), after subsection (B1) (inserted by section 15(5)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(5) of the Sentencing Act 2026 came into force.”

(6)

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4B (inserted by section 15(6)) insert—

“Part 4CDrinking establishment entry prohibition requirement

8C

(1)

In this Code “drinking establishment entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering a drinking establishment.

(2)

A drinking establishment entry prohibition requirement may prohibit the offender from entering a drinking establishment at any time in a particular period or at particular times in a particular period.

(3)

A drinking establishment entry prohibition requirement may prohibit the offender from entering—

(a)

a particular drinking establishment,

(b)

a drinking establishment of a particular kind, or

(c)

any drinking establishment.

(4)

Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from entering a drinking establishment at particular times, those times;

(c)

if the order prohibits the offender from entering a particular drinking establishment, that drinking establishment;

(d)

if the order prohibits the offender from entering a drinking establishment of a particular kind, that kind of drinking establishment.

(5)

In this paragraph “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”