Legislation – Sentencing Act 2026

“264APresumption of suspended sentence order: offender under 21

(1)

This section applies where the court imposes a sentence of detention in a young offender institution for an offence where—

(a)

the offender is aged at least 18 but under 21 when convicted of the offence,

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 264).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

pursuant to an order under section 214 of that Act (detention for commission of offence during currency of detention and training order etc),

(iii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iv)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(v)

having been committed to custody by an order of a service court,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court,

(b)

remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

(c)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(6)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(7)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”

“277APresumption of suspended sentence order: person aged 21 or over

(1)

This section applies where the court imposes a sentence of imprisonment for an offence where—

(a)

the offender is aged 21 or over when convicted of the offence,

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 277).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iii)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006,

(iv)

having been committed to custody by an order of a service court, or

(v)

pursuant to a pre-Armed Forces Act 2006 custodial sentence,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of imprisonment is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court, or

(b)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

For the purposes of subsection (3)(b)(v), “pre-Armed Forces Act 2006 custodial sentence” means any of the following—

(a)

a sentence of imprisonment passed by—

(i)

a court-martial,

(ii)

a Standing Civilian Court,

(iii)

the Court Martial Appeal Court before 31 October 2009, or

(iv)

the House of Lords or the Supreme Court, before 31 October 2009, on an appeal brought from a decision of the Court Martial Appeal Court;

(b)

a sentence of custody for life under section 71A(1A) or (1B) of the Army Act 1955 or the Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957;

(c)

a sentence of detention during Her Majesty’s pleasure under section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;

(d)

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;

(e)

a custodial order under—

(i)

section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955 or Air Force Act 1955, or

(ii)

section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.

(6)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(7)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(8)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”