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28 Licence conditions: offenders sentenced under repealed armed forces legislation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 2Management of offenders after sentencing

Licences

28Licence conditions: offenders sentenced under repealed armed forces legislation

(1)

The Criminal Justice and Court Services Act 2000 is amended as follows.

(2)

In section 62 (release on licence etc: electronic monitoring conditions), in subsection (5)—

(a)

omit the “and” at the end of paragraph (g) and insert—

“(ga)

a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,”;

(b)

in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (h) insert “, and

(i)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,”.

(3)

In section 62A (release on licence etc: compulsory electronic monitoring conditions), in subsection (4)—

(a)

omit the “or” at the end of paragraph (c) and insert—

“(ca)

a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),”;

(b)

in paragraph (d), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (d) insert “, or

(e)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.”

(4)

In section 64 (release on licence etc: drug testing requirements), in subsection (5)—

(a)

omit the “and” at the end of paragraph (g) and insert—

“(ga)

a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,”;

(b)

in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;

(c)

at the end of paragraph (h) insert “, and

(i)

a custodial order under—

(i)

section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

(ii)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,”.

(5)

In section 64A (release on licence etc: drug appointments), in subsection (8), in the definition of “sentence of imprisonment”—

(a)

in paragraph (f), after “2006” insert “or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957”;

(b)

in paragraph (g), for “that Act” substitute “the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957”.

(6)

The amendments made by this section, as well as applying to a person released on or after the day on which those amendments come into force, apply to a person released before that day.