Legislation – Sentencing Act 2026

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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28Licence conditions: offenders sentenced under repealed armed forces legislation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.