Legislation – Sentencing Act 2026

Part 1 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: unpaid work requirement) is amended in accordance with subsections (2) and (3).

(2)

In paragraph 2 (number of hours of unpaid work)—

(a)

for sub-paragraph (1) substitute—

“(1)

A relevant order imposing an unpaid work requirement must specify the number of hours that the offender may be required to work under the requirement subject to any reduction under paragraph 3A.

(1A)

The number of hours which may be specified in the order must, in aggregate, be—

(a)

not less than 40, and

(b)

not more than 300.”;

(b)

in sub-paragraph (2), for “(1)(b)(i)” substitute “(1A)(a)”;

(c)

in sub-paragraph (4), in the final sentence, for “(1)(b)(ii)” substitute “(1A)(b)”.

(3)

After paragraph 3 insert—

“Reduction in number of hours of work required by unpaid work requirement

3A

(1)

This paragraph applies where—

(a)

a relevant order is in force,

(b)

the order includes an unpaid work requirement,

(c)

the offender has performed the qualifying amount of work in relation to the requirement,

(d)

the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and

(e)

during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.

(2)

For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).

(3)

Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.

(4)

For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.

(5)

But if—

(a)

the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or

(b)

the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,

any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.

(6)

Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—

(a)

the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and

(b)

sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.

(7)

The Secretary of State may by regulations amend this paragraph so as to—

(a)

vary the percentage for the time being specified in sub-paragraph (2);

(b)

vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;

(c)

omit sub-paragraph (1)(d) or (e) or (5);

(d)

provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;

(e)

vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).

(8)

Regulations under sub-paragraph (7)—

(a)

may make consequential amendments (including amendments of primary legislation);

(b)

are subject to the affirmative resolution procedure.”

(4)

In consequence of the amendments made by subsections (1) to (3), the Sentencing Act 2020 is amended as follows—

(a)

in section 220(3) (when a community order ceases to be in force), at the end insert “, subject to any reduction under paragraph 3A of Schedule 9”;

(b)

in section 288(5)(a) (supervision period of suspended sentence order), for “under paragraph 2(1) of Schedule 9” substitute “, subject to any reduction under paragraph 3A of Schedule 9”;

(c)

in paragraph 13(4) of Schedule 10 (imposition of more onerous requirements on breach of order), in the words after paragraph (b), for “for” to “paragraph 2(1)” substitute “which may be specified in the order (see paragraph 2(1A)”;

(d)

in paragraph 13(1)(a) of Schedule 23 (power to amend maximum number of hours of unpaid work), for “paragraph 2(1)” substitute “paragraph 2(1A)”.

(5)

In Schedule 19A to the Criminal Justice Act 2003 (supervision default orders: application and modification of provisions relating to community orders)—

(a)

in paragraph 2(f), after “2(1)” insert “and (1A)”;

(b)

in paragraph 3—

(i)

after sub-paragraph (3) insert—

“(3A)

Section 220(3) applies as if the words “, subject to any reduction under paragraph 3A of Schedule 9” were omitted.”;

(ii)

for sub-paragraph (5) substitute—

“(5)

Paragraph 2(1) of that Schedule applies as if the words “subject to any reduction under paragraph 3A” were omitted.

(5A)

Paragraph 2(1A) of that Schedule applies as if for paragraphs (a) and (b) (limit on number of hours of unpaid work) there were substituted—

“(a)

not less than 20 hours, and

(b)

not more than 60 hours.”

(c)

in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3(5A)”;

(d)

in paragraph 10(2)(b), for “2(1)” substitute “2(1A)”.

(6)

If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (5), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(7)

In Schedule 31 to the Criminal Justice Act 2003 (default orders: modification of provisions relating to community orders)—

(a)

in paragraph 2 (unpaid work requirement)—

(i)

after sub-paragraph (1), insert—

“(1A)

In sub-paragraph (1), the words “subject to any reduction under paragraph 3A” are omitted.”;

(ii)

in sub-paragraph (2), for the words before the Table in that sub-paragraph substitute

“In sub-paragraph (1A), for paragraphs (a) and (b) there is substituted—

“(a)

not less than 20 hours, and

(b)

in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.””

(b)

after paragraph 2 insert—

“2A

In its application to a default order, Schedule 9 to the Sentencing Code has effect as if paragraph 3A (reduction in number of hours of work required by unpaid work requirement) were omitted.”

(8)

The amendments made by this section apply in relation to a community order, suspended sentence order, supervision default order or default order whenever made.