Legislation – Sentencing Act 2026
Changes to legislation:
Sentencing Act 2026, Section 2 is up to date with all changes known to be in force on or before 04 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.
Changes to Legislation
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Part 1Sentencing
Suspended sentences
2Custodial sentences that may be suspended
(1)
(2)
In section 264 (suspended sentence order for offender under 21: availability)—
(a)
in subsection (2), for “2 years” substitute “the maximum term”
;
(b)
“(2A)
But a suspended sentence order is not available in relation to that sentence if—
(a)
in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or
(b)
in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.”;
(c)
in subsection (3)—
(i)
for the words before paragraph (a) substitute “This subsection applies if—”
;
(ii)
in paragraph (b), for “2 years” substitute “the maximum term”
;
(d)
“(3A)
This subsection applies if—
(a)
the court imposes a sentence under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of the offence, or
(b)
the court imposes a sentence under either of those sections or under section 278 (adult offenders of particular concern aged 21 and over) or 279 (extended sentence for adults aged 21 or over) in respect of any other offence for which a sentence is imposed on the same occasion.
(3B)
For the purposes of this section—
(a)
if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;
(b)
if the offender is convicted of the offence on or after that day, the maximum term is 3 years.”
(3)
In section 277 (suspended sentence order for person aged 21 or over: availability)—
(a)
in subsection (2)(b), for “2 years” substitute “the maximum term”
;
(b)
“(2A)
But a suspended sentence order is not available in relation to that sentence if—
(a)
in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or
(b)
in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.”;
(c)
in subsection (3)—
(i)
for the words before paragraph (a) substitute “This subsection applies if—”
;
(ii)
in paragraph (b), for “2 years” substitute “the maximum term”
;
(d)
“(3A)
This subsection applies if—
(a)
the court imposes a sentence under section 278 (adult offenders of particular concern aged 21 or over) or 279 (extended sentence for adults aged 21 or over) in respect of the offence, or
(b)
the court imposes a sentence under either of those sections or under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of any other offence for which a sentence is imposed on the same occasion.
(3B)
For the purposes of this section—
(a)
if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;
(b)
if the offender is convicted of the offence on or after that day, the maximum term is 3 years.”
(4)
In section 288 (operational period and supervision period)—
(a)
in subsection (2)(b), for “2 years” substitute “the maximum period”
;
(b)
“(2A)
The maximum period for the purposes of subsection (2)(b) is 3 years if—
(a)
the term of the suspended sentence is more than 2 years, or
(b)
the suspended sentence is one of two or more sentences imposed on the same occasion which are to be served consecutively and the terms of those sentences are in aggregate more than 2 years.
(2B)
Otherwise the maximum period for the purposes of subsection (2)(b) is 2 years.”
(5)
In Schedule 22 (amendments of the Sentencing Code etc), in paragraph 54—
(a)
the words from “in the heading” to the end of the paragraph become paragraph (a);
(b)
“(b)
in subsection (3A)—
(i)
in paragraph (a) omit “aged 21 or over” in both places;
(ii)
in paragraph (b) omit the words from “or under” to “adults aged under 21)”.”
(6)
(7)
In section 200(2)(a) (modifications to provisions in the Sentencing Code about suspended sentence orders), for “200A” substitute “200ZA”
.
(8)
“200ZAModifications of sections 264 and 277 of the Sentencing Code
(1)
Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—
(a)
the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);
(b)
the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);
(c)
the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(d)
the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.
(2)
Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—
(a)
the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(b)
the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;
(c)
the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;
(d)
the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.”