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28 Licence conditions: offenders sentenced under repealed armed forces legislation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

Recall and further release

32Further release after recall: other offenders eligible for automatic release

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

After section 255B insert—

“255BAAutomatic release: other offenders

(1)

A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and

(b)

at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)).

(2)

The “section 255BA automatic release period”, in relation to P, means—

(a)

if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody;

(b)

if P is recalled under section 254 while on licence under section 246, whichever of the following ends later—

(i)

the period of 56 days beginning with the day on which P returns to custody;

(ii)

the requisite custodial period which P would have served under section 243A or 244 but for the earlier release.

(3)

The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(4)

The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period.

(5)

Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period.

(6)

The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied.

(7)

The first condition is that the Secretary of State believes on reasonable grounds that P would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)

murder;

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(8)

The second condition is that, after P is recalled, the Secretary of State receives information—

(a)

that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

(b)

that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(c)

that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(d)

that P has been charged with an offence.

(9)

Where this subsection applies—

(a)

if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and

(b)

P is to be dealt with in accordance with section 255C (and accordingly not released under this section).

(10)

The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs.

(11)

For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.”

(3)

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

(4)

In section 255BA (automatic release: other offenders) (as inserted by subsection (2)), after subsection (4) insert—

“(4A)

The Secretary of State must not be satisfied as mentioned in subsection (4) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).”