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28 Licence conditions: offenders sentenced under repealed armed forces legislation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

Changes to legislation:

There are currently no known outstanding effects for the Sentencing Act 2026, Section 25. Help about Changes to Legislation

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Changes to Legislation

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Part 2Management of offenders after sentencing

Release

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

(1)

Section 244ZA of the Criminal Justice Act 2003 (release on licence of certain violent or sexual offenders) is amended as follows.

(2)

After subsection (8) insert—

“(9)

For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10)

(a)

service offence” means an offence under—

(i)

section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii)

section 42 of the Naval Discipline Act 1957, or

(iii)

section 42 of the Armed Forces Act 2006;

(b)

corresponding civil offence” means—

(i)

in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii)

in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii)

in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11)

Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.”

(3)

The amendments made by this section, as well as applying in relation to offences committed on or after the day on which those amendments come into force, apply in relation to offences committed before that day.

Annotations:
Commencement Information

I1S. 25 in force at Royal Assent, see s. 49(3)(a)