Legislation – Sentencing Act 2026

Sentencing Act 2026, Section 33 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

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 33:

s. 33 coming into force by S.I. 2026/86 reg. 3(b)(iv) 4

Part 2Management of offenders after sentencing

Recall and further release

33Further release after recall: supplementary

(1)

The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (11).

(2)

In section 237A(12)(b) (public protection decisions), for “not suitable for” substitute “excluded from”.

(3)

In section 240ZA(6) (time remanded in custody to count as time served), after “255B(1)” insert “or 255BA(1)”.

(4)

In section 240A(3B) (time remanded on bail to count as time served), after “255B(1)” insert “or 255BA(1)”.

(5)

In section 244(1A) (duty to release prisoners not subject to special provision for release), for “and”, in the second place it occurs, substitute “to”.

(6)

In section 244ZA(2) (release on licence of certain violent or sexual offenders), in paragraph (c), for “and” substitute “to”.

(7)

In section 247A(7) (restricted eligibility for release on licence of terrorist prisoners), for “255B and” substitute “255A to”.

(8)

In section 255C (prisoners excluded from automatic release)—

(a)

in the heading, for “not suitable for automatic release” substitute “excluded from automatic release under section 255B or 255BA”;

(b)

for subsection (1), substitute—

“(1)

This section applies to a prisoner (“P”)—

(a)

who is a relevant young offender and—

(i)

whose case was referred to the Board under section 244ZB, or

(ii)

who is not considered suitable for release at the end of the section 255B automatic release period (see sections 255A(4) and 255B(9)), or

(b)

who is not a relevant young offender and—

(i)

who is not a prisoner eligible for automatic release at the end of the section 255BA automatic release period (see section 255A(8)), or

(ii)

who the Secretary of State has determined should not be released at the end of the section 255BA automatic release period (see section 255BA(5)).”;

(c)

at the end insert—

“(9)

In this section, “relevant young offender” has the same meaning as in section 255A.”

(9)

In section 256AZA(4) (release after recall where further sentence being served), after “255B,” insert “255BA,”.

(10)

In section 256AZB(1) (power to change test for release following recall)—

(a)

in paragraph (a), for “automatic release” substitute “release at the end of the section 255B automatic release period”;

(b)

in paragraph (b), after “section 255B(2)” insert “, 255BA(3)”;

(c)

after paragraph (b) insert—

“(ba)

the test to be applied by the Secretary of State in determining under subsection (5) of section 255BA that a person should not be released at the end of the section 255BA automatic release period;”.

(11)

In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—

“(b)

section 255C (prisoners excluded from automatic release) applied to them.”

(12)

In section 246(2C) of the Armed Forces Act 2006 (crediting of time in service custody), after “255B(1)” insert “or 255BA(1)”.

(13)

In consequence of the amendments made by sections 30 to 32 and this section—

(a)

in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 20 omit paragraph 7;

(b)

in the Offender Rehabilitation Act 2014, omit section 9(4) and (5);

(c)

in the Sentencing Act 2020, in Schedule 24 omit paragraph 228;

(d)

in the Counter-Terrorism and Sentencing Act 2021, in Schedule 13 omit paragraph 9(6) and (7)(b);

(e)

in the Police, Crime, Sentencing and Courts Act 2022, omit section 132(6) and (7);

(f)

the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833) is revoked.

(14)

The amendments made by sections 30, 31, 32(1) to (3), this section and Schedule 4, as well as applying to a person recalled on or after the day on which those amendments come into force, apply to a person (“P”) recalled before that day except where P, immediately before that day—

(a)

is in custody or detention, and

(b)

is not being dealt with in accordance with section 255C (prisoners excluded from automatic release).