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28 Licence conditions: offenders sentenced under repealed armed forces legislation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

27Licence conditions

(1)

In section 64 of the Criminal Justice and Court Services Act 2000 (drug testing requirement)—

(a)

in subsection (1)—

(i)

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

(ii)

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

(iii)

omit paragraph (c);

(b)

omit subsection (1A);

(c)

in subsection (2), for the words from “For the purpose” to “they” substitute “Those conditions”.

(2)

The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (7).

(3)

In section 250 (licence conditions)—

(a)

in subsection (4)(b)—

(i)

before sub-paragraph (i) insert—

“(ai)

a driving prohibition condition (see section 250A),”;

(ii)

after sub-paragraph (ai) (inserted by sub-paragraph (i) above) insert—

“(bi)

a public event attendance prohibition condition (see section 250B),”;

(iii)

after sub-paragraph (bi) (inserted by sub-paragraph (ii) above) insert—

“(ci)

a drinking establishment entry prohibition condition (see section 250C),”;

(iv)

after sub-paragraph (ci) (inserted by sub-paragraph (iii) above) insert—

“(di)

a restriction zone condition (see section 250D),”;

(b)

after subsection (8) insert—

“(8A)

An order under this section or a condition included in a licence under this section may confer a discretion on an officer of a provider of probation services.”

(4)

After section 250 insert—

“250ADriving prohibition condition

(1)

A driving prohibition condition is a condition prohibiting a person from driving a motor vehicle on a road or other public place.

(2)

A driving prohibition condition may prohibit a person—

(a)

from driving at any time or at times specified in the condition;

(b)

from driving any motor vehicle or a motor vehicle of a description so specified;

(c)

from driving on any road or other public place or on a road or other public place in an area so specified.

(3)

In this section—

motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).”

(5)

After section 250A (inserted by subsection (4)) insert—

“250BPublic event attendance prohibition condition

(1)

A public event attendance prohibition condition is a condition prohibiting a person from attending a public event.

(2)

A public event attendance prohibition condition may prohibit a person from attending a public event at any time or at times specified in the condition.

(3)

A public event attendance prohibition condition may prohibit a person from attending—

(a)

a public event specified in the condition,

(b)

a public event of a description so specified, or

(c)

any public event.

(4)

In this section “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.”

(6)

After section 250B (inserted by subsection (5)) insert—

“250CDrinking establishment entry prohibition condition

(1)

A drinking establishment entry prohibition condition is a condition prohibiting a person from entering a drinking establishment.

(2)

A drinking establishment entry prohibition condition may prohibit a person from entering a drinking establishment at any time or at times specified in the condition.

(3)

A drinking establishment entry prohibition condition may prohibit a person from entering—

(a)

a drinking establishment specified in the condition,

(b)

a drinking establishment of a description so specified, or

(c)

any drinking establishment.

(4)

In this section “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”

(7)

After section 250C (inserted by subsection (6)) insert—

“250DRestriction zone condition

(1)

A restriction zone condition is a condition requiring a person to remain in one or more areas specified in the condition.

(2)

A restriction zone condition may require a person to remain in different areas at different times.

(3)

Where a restriction zone condition specifies different areas which do not adjoin each other, it may include provision for the person to whom the condition applies to travel between any of those areas.”

(8)

In consequence of the provision made by subsection (1), in section 11(2) of the Offender Rehabilitation Act 2014 omit paragraphs (b) to (d).

(9)

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.