Legislation – Sentencing Act 2026

“(2A)

This Article also applies where—

(a)

a person is convicted after the commencement of section 9 of the Sentencing Act 2026 of an offence specified in Schedule 2B (offences involving or connected with a threat to national security specified for the purposes of Article 15A),

(b)

the court does not impose, in respect of the offence or any offence associated with it, a life sentence, an indeterminate custodial sentence, a serious terrorism sentence or an extended custodial sentence, and

(c)

the court decides to impose a custodial sentence.

(2B)

But this Article does not apply by virtue of paragraph (2A) where—

(a)

the offender is under the age of 21 when convicted of the offence, and

(b)

the offence was committed before the commencement of section 9 of the Sentencing Act 2026.”

“Schedule 2BOffences involving or connected with a threat to national security specified for the purposes of Article 15A

Article 15A(2A)

Official Secrets Act 1911

1

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

2

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

3

An offence under any of the following provisions of the National Security Act 2023—

(a)

section 1 (obtaining or disclosing protected information);

(b)

section 2 (obtaining or disclosing trade secrets);

(c)

section 3 (assisting a foreign intelligence service);

(d)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e)

section 12 (sabotage);

(f)

section 13 (foreign interference);

(g)

section 17 (obtaining etc material benefits from a foreign intelligence service);

(h)

section 18 (preparatory conduct);

(i)

section 56 (offences relating to Part 2 notices);

(j)

section 65 (requirement to register foreign activity arrangements);

(k)

section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l)

section 68 (failure to register relevant activities of specified persons);

(m)

section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n)

section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o)

section 77(1) or (2) (provision of false information);

(p)

section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

4

An offence—

(a)

to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b)

in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Ancillary offences

5

(1)

In the preceding paragraphs of this Schedule any reference to an offence includes an ancillary offence in relation to that offence (unless the reference is specifically to an ancillary offence).

(2)

“Ancillary offence”, in relation to an offence, means any of the following—

(a)

aiding, abetting, counselling or procuring the commission of the offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(c)

attempting or conspiring to commit the offence.

(3)

In sub-paragraph (2)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement.

Certain other offences where foreign power condition met

6

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a)

which is punishable on indictment with imprisonment for more than 2 years, and

(b)

in relation to which section 20 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Northern Ireland).”