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28 Licence conditions: offenders sentenced under repealed armed forces legislation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

Schedules

Schedule 5Repeal of provisions relating to supervision after end of sentence: consequential provision

Section 34(3)

Part 1Amendments consequential on repeals made by section 34

Crime (Sentences) Act 1997

1

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2

(1)

Paragraph 6 (effect of transfer) is amended as follows.

(2)

In sub-paragraph (2)(b), for “, possible recall following release and any supervision default order” substitute “and possible recall following release”.

(3)

In sub-paragraph (2)(c), for “, possible recall and any supervision default order” substitute “and possible recall”.

(4)

(5)

In sub-paragraph (4), omit the definition of “supervision default order”.

3

(1)

Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

(2)

(a)

omit “19A,”;

(b)

for “, 242 and 247” substitute “and 242”.

(3)

(a)

omit “19A,”;

(b)

for “sections 242 and 247” substitute “section 242”.

(4)

(a)

omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b));

(b)

in the words after paragraph (c), for “paragraphs 8A, 19A and 19B” substitute “paragraph 19A”.

(5)

(a)

in paragraph (a), for “256AA to 256E of, and Schedule 19A to,” substitute “256B to 256E of”;

(b)

omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b)).

(6)

In the Table in sub-paragraph (10), omit the entry for “Young offender institution”.

(7)

4

Omit paragraph 8A (further provision about supervision default orders) and the italic heading before it.

5

(1)

Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

(2)

In sub-paragraph (2)(a), for “, 242 and 247” substitute “and 242”.

(3)

In sub-paragraph (4)(a), for “sections 242 and 247” substitute “section 242”.

(4)

6

Omit paragraph 19B (electronic monitoring in Scotland of requirements in supervision default order) and the italic heading before it.

7

In paragraph 20(1) (interpretation), in the definition of “supervision”, omit paragraph (d) (but not the “or” at the end of it).

Crime and Disorder Act 1998

8

In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”)—

(a)

omit paragraph (ha);

(b)

omit paragraph (ib).

Criminal Justice Act 2003

9

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In section 256D (drug testing requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(3)

In section 256E (drug appointment requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(4)

In section 264 (consecutive terms)—

(b)

(5)

In section 268 (interpretation)—

(a)

in subsection (1)—

(i)

omit the definition of “offender subject to supervision under this Chapter”;

(ii)

omit the definition of “supervision default order”;

(iii)

omit the definition of “the supervision period”;

(iv)

in the definition of “the supervisor”, omit paragraph (a) (and the “and” at the end of that paragraph);

(b)

in subsection (2), omit “256AA(1),”.

(6)

In section 302 (execution of process between England and Wales and Scotland)—

(a)

omit “section 256AC(1) or (3),”;

(b)

omit “paragraph 8(1) or 10(5) of Schedule 19A,” (and the “or” that appears before those words).

(7)

In section 330(5)(a) (orders subject to affirmative procedure)—

(a)

omit “section 256AB(4),”;

(b)

omit “paragraph 6 of Schedule 19A,”.

(8)

In Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases)—

Offender Management Act 2007

10

In section 4(3) of the Offender Management Act 2007 (restriction on arrangements for the provision of probation services)—

(a)

at the end of paragraph (a) insert “or”;

(b)

omit paragraph (c) (and the “or” before it).

Sentencing Code

11

(1)

The Sentencing Code is amended as follows.

(2)

In section 45 (occasions where criminal courts charge duty arises), omit paragraph (c).

(3)

In section 46(2) (criminal courts charge duty), in the definition of “relevant failure”—

(a)

at the end of paragraph (a), insert “or”;

(b)

omit paragraph (c) (and the “or” before it).

(4)

In section 238(3) (offender subject to more than one order), omit “and 247”.

(5)

In section 248(2) (interpretation), for “, 242 and 247” substitute “and 242”.

Part 2Repeal of provision which inserts or amends provision repealed by section 34 or Part 1 of this Schedule

Offender Rehabilitation Act 2014

12

(1)

The Offender Rehabilitation Act 2014 is amended as follows.

(2)

(3)

Omit section 3.

(4)

In section 5, omit subsections (6) to (8).

(5)

In Schedule 1, omit Part 1.

(6)

Omit Schedule 2.

(7)

In Schedule 3, omit—

(a)

paragraph 2(2), (3) and (5);

(e)

(i)

the definition of “offender subject to supervision under this Chapter”;

(ii)

the definition of “supervision default order”;

(iii)

the definition of “the supervision period”;

Criminal Justice and Courts Act 2015

13

(1)

The Criminal Justice and Courts Act 2015 is amended as follows.

(2)

(3)

Sentencing Act 2020

14

(1)

Schedule 24 to the Sentencing Act 2020 is amended as follows.

(2)

In paragraph 149, omit—

(3)

(a)

(b)

(4)

(5)

(6)

Terrorist Offenders (Restriction of Early Release) Act 2020

15

Police, Crime, Sentencing and Courts Act 2022

16