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28 Licence conditions: offenders sentenced under repealed armed forces legislation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

Community order requirements and community requirements

38Termination of community order

(1)

The Sentencing Code is amended as follows.

(2)

In the italic heading before section 218, after “revocation” insert “, termination”.

(3)

In section 218—

(a)

in the heading, after “revocation” insert “, termination”;

(b)

after paragraph (b) insert—

“(ba)

termination of community orders;”.

(4)

In section 220(2) (when a community order ceases to be in force)—

(a)

the words “when it is revoked” become paragraph (a), and

(b)

at the end of that paragraph insert “, or

(b)

when it terminates under Part 3A of Schedule 10.”

(5)

In Schedule 10 (breach, revocation or amendment of community order)—

(a)

in the heading, after “revocation” insert “, termination”;

(b)

after Part 3 insert—

“Part 3ATermination of order

15A

(1)

This paragraph applies if—

(a)

a community order is in force,

(b)

the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),

(c)

in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,

(d)

in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and

(e)

in a case where a sentence plan has been prepared for the offender, the responsible officer—

(i)

considers that the offender has met the objectives set out in the plan, and

(ii)

does not consider that it is necessary to add to those objectives.

(2)

The community order terminates on the date specified by the responsible officer to the offender.

(3)

In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out—

(a)

the community order requirements imposed by the order,

(b)

any objectives to be met by the offender for the purposes of the order, and

(c)

how the offender—

(i)

will comply with those requirements, and

(ii)

will meet any such objectives.

(4)

If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.”

(6)

The amendments made by this section apply to a community order whenever made.