Legislation – Sentencing Act 2026

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Part 1Sentencing

New community order requirements and community requirements

17Restriction zone requirement

(1)

The Sentencing Code is amended in accordance with subsections (2) to (12).

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(2)), insert—

“restriction zone requirement

Part 4D

section 207(D1)”.

(3)

In section 207 (availability of community order requirements), after subsection (C1) (inserted by section 16(3)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(3) of the Sentencing Act 2026 came into force.”

(4)

In section 212(3) (persons to whom partial copy of community order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(5)

In section 287 (community requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(4)), insert—

“restriction zone requirement

Part 4D

section 291(D1)”.

(6)

In section 291 (availability of community requirements), after subsection (C1) (inserted by section 16(5)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(6) of the Sentencing Act 2026 came into force.”

(7)

In section 298(3) (persons to whom partial copy of suspended sentence order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(8)

In Schedule 9 (community orders and suspended sentence orders: requirements)—

(a)

after Part 4C (inserted by section 16(6)) insert—

“Part 4DRestriction zone requirement

8D

(1)

In this Code “restriction zone requirement”, in relation to a relevant order, means a requirement that the offender must remain, for a particular period (“the relevant period”), in one or more particular areas.

(2)

Where the court makes a relevant order imposing a restriction zone requirement, the following must be specified in the order—

(a)

the relevant period;

(b)

the area or areas in which the offender must remain for the relevant period.

(3)

The relevant period must not exceed the period of 2 years beginning with the day on which the requirement first takes effect.

(4)

Different areas may be specified for different periods in the relevant period.

(5)

Where the relevant order specifies different areas which do not adjoin each other, it may include provision for the offender to travel between any of those areas.

(6)

Where the court makes a relevant order imposing a restriction zone requirement, it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)

it is prevented from doing so by—

(i)

paragraph 33 (consent of person whose cooperation is required), or

(ii)

paragraph 34(1) (arrangements in relevant areas), or

(b)

in the particular circumstances of the case, it considers it inappropriate to do so.”;

(b)

in paragraph 34 (restriction on imposing an electronic compliance monitoring requirement)—

(i)

in sub-paragraph (1)(a), for “(2)“ substitute “(1A)”;

(ii)

after sub-paragraph (1) insert—

“(1A)

In the case of a relevant order containing a restriction zone requirement, each area proposed to be specified in the order is a relevant area.”

(9)

In paragraph 27(4) of Schedule 10 (persons to whom partial copy of amending order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(10)

In paragraph 17(3) of Schedule 11 (persons to whom partial copy of community order or amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(11)

In paragraph 28(4) of Schedule 16 (persons to whom partial copy of amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(12)

In paragraph 13(5) of Schedule 17 (persons to whom partial copy of transferring order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

(13)

The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).

(14)

In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the Sentencing Code to overseas community orders), after sub-paragraph (ix), and on a new line, insert “(see also the modification to paragraph 8D of Schedule 9 made by section 183(5A) of this Act);”.

(15)

In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—

(a)

in subsection (1), for “(5)” substitute “(5A)”;

(b)

after subsection (5) insert—

“(5A)

Paragraph 8D of Schedule 9 (restriction zone requirement) has effect as if sub-paragraph (6) were omitted.”