The Sentencing Code is amended as follows.
A
bill
to
Make provision about the sentencing, release and management after sentencing of offenders; to make provision about bail; to make provision about the removal from the United Kingdom of foreign criminals; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Sentencing Code is amended as follows.
“264A Presumption of suspended sentence order: offender under 21
(1)
This section applies where the court imposes a sentence of detention
in a young offender institution for an offence where—(a)
the offender is aged at least 18 but under 21 when convicted
of the offence,(b)
the offender is convicted of the offence on or after the day on
which section 1 of the Sentencing Act 2026 came into force,(c)
the term of the sentence is not more than 12 months, and
(d)
a suspended sentence order is available in relation to that
sentence (see section 264).(2)
The court must make a suspended sentence order in relation to the
sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—(a)
relate to the offence (or the combination of the offence and one
or more offences associated with it) or the offender, and(b)
justify not making the order.
(3)
But this section does not apply if—
(a)
when the sentence is imposed the offender is in custody—
(i)
pursuant to a custodial sentence or a pre-Code custodial
sentence,(ii)
having been remanded in custody in connection with
another offence which is not an associated offence, or(iii)
having been committed to custody by an order of a
court,(b)
when the sentence is imposed the offender is in custody—
(i)
pursuant to a sentence of service detention, or a
custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),(ii)
pursuant to an order under section 214 of that Act
(detention for commission of offence during currency of detention and training order etc),(iii)
having been kept in service custody in connection with
another offence which is not an associated offence,(iv)
having been remanded or admitted to hospital under
section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or(v)
having been committed to custody by an order of a
service court,(c)
when the sentence is imposed the offender is detained in a
hospital pursuant to—(i)
a hospital order within the meaning of section 37 of the
Mental Health Act 1983,(ii)
an order under section 37 of that Act as it has effect by
virtue of Schedule 4 to the Armed Forces Act 2006, or(iii)
a direction under section 45A or 47 of the Mental Health
Act 1983,(d)
the sentence of detention in a young offender institution is one
of two or more sentences imposed on the same occasion where—(i)
the term of any of those sentences is more than 12
months, or(ii)
those sentences are to be served consecutively and the
terms of those sentences are in aggregate more than 12 months,(e)
the offence, or an associated offence, is an offence—
(i)
in respect of which the offender is, or has been, subject
to a supervision order, and(ii)
for which the court is re-sentencing the offender,
(f)
the offence, or an associated offence, was committed while the
offender was subject to a supervision order,(g)
the commission of the offence, or an associated offence,
constituted, or occurred in circumstances closely connected with, a breach by the offender of—(i)
an order of a court, or
(ii)
an order or award (whether or not of a court) made
(anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or(h)
the court is of the opinion that making the order would put a
particular individual at significant risk of physical or psychological harm.(4)
For the purposes of subsection (3) (a) (ii) , a person is remanded in
custody if—(a)
remanded in or committed to custody by order of a court,
(b)
remanded to youth detention accommodation under section
91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or(c)
remanded, admitted or removed to hospital under section 35,
36, 38, 44 or 48 of the Mental Health Act 1983.(5)
(6)
Nothing in this section affects the court’s power to impose a suspended
sentence order in a case where this section does not apply.(7)
In this section—
“
order of a court” includes an order of a tribunal;“
supervision order” means any of the following—(a)
a community order;
(b)
a detention and training order;
(c)
an order under section 211 of the Armed Forces Act
2006 (corresponding order under that Act);(d)
a referral order;
(e)
a service community order, or an overseas community
order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);(f)
a suspended sentence of service detention within the
meaning of the Armed Forces Act 2006 (see section 190 of that Act);(g)
a suspended sentence order;
(h)
a youth rehabilitation order.”
“277A Presumption of suspended sentence order: person aged 21 or over
(1)
This section applies where the court imposes a sentence of
imprisonment for an offence where—(a)
the offender is aged 21 or over when convicted of the offence,
(b)
the offender is convicted of the offence on or after the day on
which section 1 of the Sentencing Act 2026 came into force,(c)
the term of the sentence is not more than 12 months, and
(d)
a suspended sentence order is available in relation to that
sentence (see section 277).(2)
The court must make a suspended sentence order in relation to the
sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—(a)
relate to the offence (or the combination of the offence and one
or more offences associated with it) or the offender, and(b)
justify not making the order.
(3)
But this section does not apply if—
(a)
when the sentence is imposed the offender is in custody—
(i)
pursuant to a custodial sentence or a pre-Code custodial
sentence,(ii)
having been remanded in custody in connection with
another offence which is not an associated offence, or(iii)
having been committed to custody by an order of a
court,(b)
when the sentence is imposed the offender is in custody—
(i)
pursuant to a sentence of service detention, or a
custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),(ii)
having been kept in service custody in connection with
another offence which is not an associated offence,(iii)
having been remanded or admitted to hospital under
section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006,(iv)
having been committed to custody by an order of a
service court, or(v)
pursuant to a pre-Armed Forces Act 2006 custodial
sentence,(c)
when the sentence is imposed the offender is detained in a
hospital pursuant to—(i)
a hospital order within the meaning of section 37 of the
Mental Health Act 1983,(ii)
an order under section 37 of that Act as it has effect by
virtue of Schedule 4 to the Armed Forces Act 2006, or(iii)
a direction under section 45A or 47 of the Mental Health
Act 1983,(d)
the sentence of imprisonment is one of two or more sentences
imposed on the same occasion where—(i)
the term of any of those sentences is more than 12
months, or(ii)
those sentences are to be served consecutively and the
terms of those sentences are in aggregate more than 12 months,(e)
the offence, or an associated offence, is an offence—
(i)
in respect of which the offender is, or has been, subject
to a supervision order, and(ii)
for which the court is re-sentencing the offender,
(f)
the offence, or an associated offence, was committed while the
offender was subject to a supervision order,(g)
the commission of the offence, or an associated offence,
constituted, or occurred in circumstances closely connected with, a breach by the offender of—(i)
an order of a court, or
(ii)
an order or award (whether or not of a court) made
(anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or(h)
the court is of the opinion that making the order would put a
particular individual at significant risk of physical or psychological harm.(4)
For the purposes of subsection (3) (a) (ii) , a person is remanded in
custody if—(a)
remanded in or committed to custody by order of a court, or
(b)
remanded, admitted or removed to hospital under section 35,
36, 38, 44 or 48 of the Mental Health Act 1983.(5)
For the purposes of subsection (3) (b) (v) “pre-Armed Forces Act 2006
custodial sentence” means any of the following—(a)
a sentence of imprisonment passed by—
(i)
a court-martial,
(ii)
a Standing Civilian Court,
(iii)
the Court Martial Appeal Court before 31 October 2009,
or(iv)
the House of Lords or the Supreme Court, before 31
October 2009, on an appeal brought from a decision of the Court Martial Appeal Court;(b)
a sentence of custody for life under section 71A(1A) or (1B) of
the Army Act 1955 or the Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957;(c)
a sentence of detention during Her Majesty’s pleasure under
section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;(d)
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;(e)
a custodial order under—
(i)
section 71AA of, or paragraph 10 of Schedule 5A to,
the Army Act 1955 or Air Force Act 1955, or(ii)
section 43AA of, or paragraph 10 of Schedule 4A to,
the Naval Discipline Act 1957.(6)
(7)
Nothing in this section affects the court’s power to impose a suspended
sentence order in a case where this section does not apply.(8)
In this section—
“
order of a court” includes an order of a tribunal;“
supervision order” means any of the following—(a)
a community order;
(b)
a detention and training order;
(c)
an order under section 211 of the Armed Forces Act
2006 (corresponding order under that Act);(d)
a referral order;
(e)
a service community order, or an overseas community
order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);(f)
a suspended sentence of service detention within the
meaning of the Armed Forces Act 2006 (see section 190 of that Act);(g)
a suspended sentence order;
(h)
a youth rehabilitation order.”
Schedule 1 makes consequential amendments.
In section 264 (suspended sentence order for offender under 21: availability)—
in subsection (2), for “2 years” substitute “the maximum term”;
“(2A)
But a suspended sentence order is not available in relation to
that sentence if—(a)
in a case where the offender is convicted of the offence
before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or(b)
in a case where the offender is convicted of the offence
on or after that day, subsection (3) or (3A) applies.”;
in subsection (3)—
for the words before paragraph (a) substitute “This subsection
applies if—”;
in paragraph (b), for “2 years” substitute “the maximum term”;
“(3A)
This subsection applies if—
(a)
the court imposes a sentence under section 265 (adult
offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of the offence, or(b)
the court imposes a sentence under either of those
sections or under section 278 (adult offenders of particular concern aged 21 and over) or 279 (extended sentence for adults aged 21 or over) in respect of any other offence for which a sentence is imposed on the same occasion.(3B)
For the purposes of this section—
(a)
if the offender is convicted of the offence before the day
on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;(b)
if the offender is convicted of the offence on or after
that day, the maximum term is 3 years.”
In section 277 (suspended sentence order for person aged 21 or over:
availability)—
in subsection (2)(b), for “2 years” substitute “the maximum term”;
“(2A)
But a suspended sentence order is not available in relation to
that sentence if—(a)
in a case where the offender is convicted of the offence
before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or(b)
in a case where the offender is convicted of the offence
on or after that day, subsection (3) or (3A) applies.”;
in subsection (3)—
for the words before paragraph (a) substitute “This subsection
applies if—”;
in paragraph (b), for “2 years” substitute “the maximum term”;
“(3A)
This subsection applies if—
(a)
the court imposes a sentence under section 278 (adult
offenders of particular concern aged 21 or over) or 279 (extended sentence for adults aged 21 or over) in respect of the offence, or(b)
the court imposes a sentence under either of those
sections or under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of any other offence for which a sentence is imposed on the same occasion.(3B)
For the purposes of this section—
(a)
if the offender is convicted of the offence before the day
on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;(b)
if the offender is convicted of the offence on or after
that day, the maximum term is 3 years.”
In section 288 (operational period and supervision period)—
in subsection (2)(b), for “2 years” substitute “the maximum period”;
“(2A)
The maximum period for the purposes of subsection (2)(b) is
3 years if—(a)
the term of the suspended sentence is more than 2 years,
or(b)
the suspended sentence is one of two or more sentences
imposed on the same occasion which are to be served consecutively and the terms of those sentences are in aggregate more than 2 years.(2B)
Otherwise the maximum period for the purposes of subsection
(2)(b) is 2 years.”
In Schedule 22 (amendments of the Sentencing Code etc), in paragraph 54—
the words from “in the heading” to the end of the paragraph become
paragraph (a);
“(b)
in subsection (3A)—
(i)
in paragraph (a) omit “aged 21 or over” in both
places;(ii)
in paragraph (b) omit the words from “or under”
to “adults aged under 21)”.”
In section 200(2)(a) (modifications to provisions in the Sentencing Code about
suspended sentence orders), for “200A” substitute “200ZA”.
“200ZA Modifications of sections 264 and 277 of the Sentencing Code
(1)
Section 264 of the Sentencing Code (suspended sentence order for
offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—(a)
the reference to a sentence under section 265 of the Sentencing
Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);(b)
the reference to section 266 of the Sentencing Code were to a
sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);(c)
the reference to a sentence under section 278 of the Sentencing
Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;(d)
the reference to a sentence under section 279 of the Sentencing
Code were to a sentence under that section by virtue of section 219A of this Act.(2)
Section 277 of the Sentencing Code (suspended sentence order for
person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—(a)
the reference to a sentence under section 278 of the Sentencing
Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;(b)
the reference to a sentence under section 279 of the Sentencing
Code were to a sentence under that section by virtue of section 219A of this Act;(c)
the reference to a sentence under section 265 of the Sentencing
Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;(d)
the reference to section 266 of the Sentencing Code were to a
sentence under that section by virtue of section 219A of this Act.”
In the Sentencing Code, in Part 7 (financial orders and orders relating to In this Code “income reduction order” means an order under this is made in respect of an offender for an offence, and requires the offender, for the period in respect of which the For the purposes of subsection
(2)
, “monthly income” means monthly The regulations may make further provision about how the court is The amount specified under subsection
(2)
must not be less than an For further provision about determining the percentage of the In this section “national minimum wage” means such single hourly The Secretary of State must by regulations make provision about how Provision made by regulations under subsection
(1)
must secure that The percentage specified by virtue of subsection
(2)
must not exceed Provision made by virtue of subsection
(1)
may include provision for the offence or offences committed; how the offender is otherwise dealt with (including, where the the age of the offender. In this section, “specified” means specified in the regulations. The Secretary of State may by regulations make such further provision Regulations under
subsection (1)
may make provision about payments provision about the form and manner in which payments must provision for payments to be made to a specified person, or a provision about the date by which, or period within which, provision about interest on any unpaid amounts payable under Regulations under
subsection (1)
may— make provision for monitoring compliance with income make provision for the enforcement of income reduction orders, make provision about appeals. provision for a specified person, or a person of a specified provision for a specified person, or a person of a specified In this section, “specified” means specified in the regulations. An income reduction order is available to a court by or before which the offence is committed on or after the date on which section
3
of the Sentencing Act 2026 comes fully into force, the offender is aged at least 18 when convicted of the offence, the court imposes a suspended sentence order in relation to— the offence, or a combination of the offence and one or more offences The Secretary of State may, by regulations, make provision about Where an income reduction order is available, the court may make An income reduction order must specify— the percentage of the offender’s excess monthly income payable the period for which the order has effect, the date or dates by which payments under the order must be the person to whom payments under the order must be made. In determining— whether to make an income reduction order against an offender, the percentage of the offender’s excess monthly income payable
the court must have regard to the offender’s means, so far as they
appear or are known to the court.
Where the court considers— that it would be appropriate to impose both an income a compensation order, an unlawful profit order, or a slavery and trafficking reparation order, but that the offender has insufficient means to pay both the income For the effect of proceedings in relation to confiscation orders on the
section 13
(where confiscation order has been made);
section 15
(where proceedings on a confiscation order have In this section—
“
“
“ An income reduction order may be varied or discharged by the court The persons are— the offender; an officer of a provider of probation services. The power to vary an order includes power to decrease the percentage But the court may not exercise the power in subsection
(1)
so as to In this Chapter—
“
“ an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of Senedd Cymru, or Northern Ireland legislation; The Secretary of State may by regulations amend the definition of Regulations under this Chapter may amend primary legislation. Regulations under this Chapter are subject to the affirmative resolution
property), after Chapter 4 insert—
“Chapter 5
Income reduction orders
161A
Income reduction order
(1)
Chapter that—
(a)
(b)
order has effect, to pay such percentage of the offender’s excess
monthly income as is determined by the court.
(2)
(3)
income after deduction of such amounts as may be specified in the
regulations.
(4)
to determine the offender’s monthly income.
(5)
amount equal to 170 times the hourly amount of the national minimum
wage.
(6)
offender’s excess monthly income payable under an income reduction
order, see section
161B
.
(7)
rate as is for the time being specified in regulations under
section 1
(3)
of the
National Minimum Wage Act 1998
.
161B
Determining the amount payable under an income reduction order
(1)
the court is to determine the percentage of the offender’s excess
monthly income payable under an income reduction order.
(2)
the percentage determined by the court does not exceed a specified
percentage.
(3)
twenty per cent.
(4)
the percentage to depend on (among other things)—
(a)
(b)
offender is fined, the amount of the fine);
(c)
(5)
161C
Further provision about income reduction orders
(1)
about income reduction orders as the Secretary of State considers
appropriate.
(2)
under an income reduction order including (among other things)—
(a)
or may be made;
(b)
person of a specified description;
(c)
payments must be made;
(d)
an income reduction order.
(3)
(a)
reduction orders;
(b)
including provision about the recovery of any unpaid amounts
under an income reduction order;
(c)
(4)
(a)
description, to require the provision of documents or
information;
(b)
description, to require the offender to attend at a place and
answer questions.
(5)
161D
Income reduction order: availability
(1)
an offender is convicted of an offence where—
(a)
(b)
(c)
(i)
(ii)
associated with it, and
(2)
circumstances in which a court may not make an income reduction
order.
(3)
such an order whether or not it also deals with the offender for the
offence in any other way.
161E
Making an income reduction order
(1)
(a)
under the order,
(b)
(c)
made, and
(d)
(2)
(3)
(a)
or
(b)
under the order,
(4)
(a)
reduction order and one or more of—
(i)
(ii)
(iii)
(b)
reduction order and appropriate amounts under such of those
orders as it would be appropriate to make,
(5)
court’s powers in relation to income reduction orders, see the following
provisions of the
Proceeds of Crime Act 2002
—
(a)
(b)
been postponed).
(6)
the operational period” has the meaning given by section 288(2);
slavery and trafficking reparation order” means an order under
section 8
of the
Modern Slavery Act 2015
;
unlawful profit order” means an unlawful profit order under
section 4
of the
Prevention of Social Housing Fraud Act 2013
.
161F
Variation or discharge of income reduction order
(1)
that made it if, on an application by a person within
subsection (2)
, it appears to the court, having regard to any change in the
circumstances since the order was made, to be appropriate to do so.
(2)
(a)
(b)
(3)
of the offender’s excess monthly income payable under the order.
(4)
increase the percentage payable under the order.
161G
Income reduction orders: supplementary
(1)
income” means income chargeable to income tax within the
meaning of the Income Tax Acts;
primary legislation” means—
(a)
(b)
(c)
(d)
(2)
“income” in subsection
(1)
.
(3)
(4)
procedure.”
In Schedule 9 to the Administration of Justice Act 1970 (enforcement of orders Where under
Chapter 5
of Part 7 of the Sentencing Code a court
for costs, compensation etc.), after paragraph 10 insert—
“10A
makes an income reduction order.”
In section 57(2)(d) of the Sentencing Code (purposes of sentencing: protection
of the public), after “public” insert “(including victims of crime)”.
In section 237(1)(e) of the Armed Forces Act 2006 (purposes of sentencing:
protection of the public), after “public” insert “(including victims of crime)”.
Section 5 of the Sentencing Code (making a deferment order) is amended as
follows.
In subsection (2), for the words from “more than” to the end of the subsection more than 6 months after the date on which the order is made, more than 12 months after the date on which the order is made,
substitute “—
(a)
if the offender was convicted of the offence, or any of the
offences, before the relevant date, or
(b)
if the offender was convicted of the offence, or all of the
offences, on or after the relevant date.”
“(2A)
In subsection (2) “the relevant date” means the date on which section 5 of the Sentencing Act 2026 came into force.”
In Part 3 of the Sentencing Code (sentencing procedure), after Chapter 5 This section applies if— a court is passing sentence for an offence, and the court is of the view that the offence involved domestic The court must, in open court, state that in its view the offence This section is without prejudice to any duty imposed on the court In this section “domestic abuse” has the same meaning as in the
insert—
“Chapter 6
Finding of domestic abuse
56A
Finding of domestic abuse
(1)
(a)
(b)
abuse carried out by the offender.
(2)
involved domestic abuse carried out by the offender.
(3)
by section 59 or 60 to follow sentencing guidelines in dealing with the
offender for the offence.
(4)
Domestic Abuse Act 2021 (see sections 1 and 2 of that Act).”
“Finding of domestic abuse
253A Finding of domestic abuse
(1)
This section applies if—
(a)
a court or officer is passing sentence for a service offence, and
(b)
the court or officer is of the view that the offence involved
domestic abuse carried out by the offender.(2)
The court or officer must, in open court, state that in the court’s or
officer’s view the offence involved domestic abuse carried out by the offender.(3)
In its application to a court, this section is without prejudice to any
duty imposed on the court by section 259 to have regard to guidelines in dealing with the offender for the offence.(4)
In this section—
“
domestic abuse” has the same meaning as in the Domestic Abuse
Act 2021 (see sections 1 and 2 of that Act);“
sentence” includes any order made when dealing with the
offender in respect of an offence.”
In the italic heading before section 252A, for “terrorist” substitute “certain”.
In section 252A (required special sentence of detention for terrorist offenders
of particular concern)—
in the heading, for “terrorist” substitute “certain”;
“(1A)
Subsections (3) to (5) also apply where—
(a)
a person aged under 18 is convicted of an offence listed
in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),(b)
(c)
the court does not impose—
(i)
a sentence of detention for life under section 250
for the offence or for an offence associated with it, or(ii)
an extended sentence of detention under section
254 for an offence associated with the offence, and(d)
the court would, apart from this section, impose a
custodial sentence (see, in particular, section 230(2)).”;
in subsection (6), after “subsection (1)” insert “or (1A) ”.
In section 265 (required special sentence for certain offenders of particular
concern)—
in subsection (1A)(b)—
in sub-paragraph (i), at the beginning insert “if listed in Part
1 of Schedule 13 (offences involving or connected with
terrorism),”;
In section 278 (required special sentence for certain offenders of particular
concern)—
in subsection (1A)(b)—
in sub-paragraph (i), at the beginning insert “if listed in Part
1 of Schedule 13 (offences involving or connected with
terrorism),”;
In Schedule 13 (special sentence for offenders of particular concern: offences), An offence under section 1 of the Official Secrets Act 1911 (spying). An offence under section 7 of the Official Secrets Act 1920 An offence under any of the following provisions of the National section 1 (obtaining or disclosing protected information); section 2 (obtaining or disclosing trade secrets); section 3 (assisting a foreign intelligence service); section 4 (entering etc a prohibited place for a purpose section 12 (sabotage); section 13 (foreign interference); section 17 (obtaining etc material benefits from a foreign section 18 (preparatory conduct); section 56 (offences relating to Part 2 notices); section 65 (requirement to register foreign activity section 67 (carrying out etc relevant activities pursuant to section 68 (failure to register relevant activities of specified section 74(8) committed in relation to a foreign activity section 75(8) committed in relation to an information notice section 77(1) or (2) (provision of false information); section 78(1) (carrying out activities under foreign activity An offence— to which subsection (1)(a) of section 16 of the National in relation to which it is determined for the purposes of
other than an offence under section 89A(4) or (5) of the Political
Parties, Elections and Referendums Act 2000.
An inchoate offence in relation to an offence specified in any of the An offence, other than one for which the sentence is fixed by law which is punishable on indictment with imprisonment for where it is determined under section 69A that the foreign
after Part 2 insert—
“Part 3
Offences involving or connected with a threat to national security
Official Secrets Act 1911
13
Official Secrets Act 1920
14
(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
15
Security Act 2023—
(a)
(b)
(c)
(d)
prejudicial to the UK);
(e)
(f)
(g)
intelligence service);
(h)
(i)
(j)
arrangements);
(k)
unregistered foreign activity arrangement);
(l)
persons);
(m)
arrangement registered under section 65 or a relevant activity
registered under section 68 (failure to comply with
registration information requirements);
(n)
given under section 75(1) (failure to comply with information
notice);
(o)
(p)
arrangement tainted by false information).
Certain electoral offences where foreign power condition met
16
(a)
Security Act 2023 applies (relevant electoral offences
committed on or after specified day), and
(b)
subsection (1)(b) of that section that the foreign power
condition is met,
Inchoate offences
17
preceding paragraphs of this Part of this Schedule.
Certain other offences where foreign power condition met
18
as life imprisonment—
(a)
more than 2 years, and
(b)
power condition is met in relation to the conduct that
constitutes the offence.”
The Criminal Justice Act 2003 is amended as follows—
in section 244A (release on licence of prisoners serving sentence under
section 278 of the Sentencing Code etc)—
in subsection (1), after “or under section” insert “252A,”;
in subsection (6), in the definition of “the appropriate custodial
term” after “or under section” insert “252A,”;
in section 256AA(1)(ba) (requirement for supervision after end of
sentence) after “section” insert “252A,”;
in section 264(6) (consecutive terms: minimum custodial period), after in relation to a sentence imposed under section 252A
paragraph (ca), insert—
“(caa)
of the Sentencing Code, two-thirds of the appropriate
custodial term determined by the court under that
section,”;
in section 268(1A)(c) (meaning of “requisite custodial period” in
Chapter 6 of Part 12), after “or under section” insert “252A,”.
In consequence of the amendments made by subsections
(3)
and
(6)
, the
Sentencing Act 2020 is amended as follows—
in section 16A (committal for sentence of young offenders on summary
trial of certain terrorist offences)—
in the heading, omit “terrorist”;
in section 19 (committal for sentence on indication of guilty plea by
child with related offences)—
in section 22(1)(aa) (powers of Crown Court where offender aged
under 18 committed for sentence), omit “terrorist”;
in section 166(5) (periods of extension of driving disqualification order
where custodial sentence imposed), in entry 1A in the table, for
“terrorist” substitute “certain”;
in section 221(2)(ba) (kinds of custodial sentence dealt with by Chapter
2 of Part 10) for “terrorist” substitute “certain”;
in section 398(4)(b), at the beginning insert “Part 1 or 2 of”;
in paragraph 51A of Schedule 22 (amendments of the Sentencing
Code), for “terrorist” substitute “certain”;
In the heading, omit “Terrorism”.
“(1A)
This section also applies where—
(a)
a person is convicted on indictment of an offence specified in
Part 2 of Schedule 5ZB on or after the day on which section 8 of the Sentencing Act 2026 comes into force, and(b)
the court does not impose one of the following for the offence
or for an offence associated with it—(i)
a sentence of imprisonment for life,
(ii)
a sentence of detention for life,
(iii)
an order for lifelong restriction under section 210F,
(iv)
a serious terrorism sentence of imprisonment under
section 205ZA(2),(v)
a serious terrorism sentence of detention under section
205ZA(6), or(vi)
an extended sentence under section 210A.
(1B)
For the purposes of subsection (1A) , an offence is associated with
another if—(a)
the offender—
(i)
is convicted of it in the proceedings in which the
offender is convicted of the other offence, or(ii)
(although convicted of it in earlier proceedings) is
sentenced for it at the same time as being sentenced for that offence, or(b)
in the proceedings in which the offender is sentenced for the
other offence, the offender—(i)
admits having committed it, and
(ii)
asks the court to take it into consideration in sentencing
for that other offence.”
In subsection (2), in paragraph (b), for the words from “before the day” to if the offence is a terrorism offence, before the day on if the offence is an offence specified in Part 2 of
the end of the paragraph substitute “—
(i)
which section 23 of the Counter-Terrorism and
Sentencing Act 2021 came into force;
(ii)
Schedule 5ZB, before the day on which section
8
of the
Sentencing Act 2026 came into force.”
In subsection (8)(a), after “specified in” insert “Part 1 of”.
For the Schedule heading substitute “Offences specified for the purpose of
section 205ZC (sentence with fixed licence period)”.
After the Schedule heading (and so that the existing text in the Schedule
becomes Part 1 of the Schedule) insert—
“Part 1
Terrorism Offences”
In paragraph 7(1) (ancillary offences), after “Part” insert “of this Schedule”.
In paragraph 8 (abolished offences)—
in paragraph (a), after “this” insert “Part of this”;
in paragraph (b), after “this”, in the first place it occurs, insert “Part
of this”.
“Part 2 Offences involving or connected with a threat to national security
Official Secrets Act 1911
9
An offence under section 1 of the Official Secrets Act 1911 (spying).
Official Secrets Act 1920
10
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
11
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
12
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
13
(1)
An attempt to commit an offence specified in the preceding
paragraphs of this Part of this Schedule (“a listed offence”).(2)
Conspiracy to commit a listed offence.
(3)
Incitement to commit a listed offence.
(4)
Aiding, abetting, counselling or procuring the commission of a listed
offence.Certain other offences where foreign power condition met
14
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 21 of the National Security Act
2023 applies (aggravating factor where foreign power condition met: Scotland).”
Part 1 of Schedule 2 makes consequential provision.
In the heading, omit “Terrorism”.
In paragraph (2), in the words before paragraph (a), after “apply” insert “by
virtue of paragraph (1)”.
“(2A)
This Article also applies where—
(a)
(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.”
In the Criminal Justice (Northern Ireland) Order 2008, after Schedule 2A An offence under section 1 of the Official Secrets Act 1911 (spying). An offence under section 7 of the Official Secrets Act 1920 An offence under any of the following provisions of the National section 1 (obtaining or disclosing protected information); section 2 (obtaining or disclosing trade secrets); section 3 (assisting a foreign intelligence service); section 4 (entering etc a prohibited place for a purpose section 12 (sabotage); section 13 (foreign interference); section 17 (obtaining etc material benefits from a foreign section 18 (preparatory conduct); section 56 (offences relating to Part 2 notices); section 65 (requirement to register foreign activity section 67 (carrying out etc relevant activities pursuant to section 68 (failure to register relevant activities of specified section 74(8) committed in relation to a foreign activity section 75(8) committed in relation to an information notice section 77(1) or (2) (provision of false information); section 78(1) (carrying out activities under foreign activity An offence— to which subsection (1)(a) of section 16 of the National in relation to which it is determined for the purposes of
other than an offence under section 89A(4) or (5) of the Political
Parties, Elections and Referendums Act 2000.
In the preceding paragraphs of this Schedule any reference to an “Ancillary offence”, in relation to an offence, means any of the aiding, abetting, counselling or procuring the commission an offence under Part 2 of the Serious Crime Act 2007 attempting or conspiring to commit the offence. An offence, other than one for which the sentence is fixed by law which is punishable on indictment with imprisonment for in relation to which section 20 of the National Security Act
insert—
“Schedule 2B
Offences involving or connected with a threat to national security
specified for the purposes of Article 15A
Official Secrets Act 1911
1
Official Secrets Act 1920
2
(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
Security Act 2023—
(a)
(b)
(c)
(d)
prejudicial to the UK);
(e)
(f)
(g)
intelligence service);
(h)
(i)
(j)
arrangements);
(k)
unregistered foreign activity arrangement);
(l)
persons);
(m)
arrangement registered under section 65 or a relevant activity
registered under section 68 (failure to comply with
registration information requirements);
(n)
given under section 75(1) (failure to comply with information
notice);
(o)
(p)
arrangement tainted by false information).
Certain electoral offences where foreign power condition met
4
(a)
Security Act 2023 applies (relevant electoral offences
committed on or after specified day), and
(b)
subsection (1)(b) of that section that the foreign power
condition is met,
Ancillary offences
5
(1)
offence includes an ancillary offence in relation to that offence
(unless the reference is specifically to an ancillary offence).
(2)
following—
(a)
of the offence;
(b)
(encouraging or assisting crime) in relation to the offence;
(c)
(3)
Certain other offences where foreign power condition met
6
as life imprisonment—
(a)
more than 2 years, and
(b)
2023 applies (aggravating factor where foreign power
condition met: Northern Ireland).”
Part 2 of Schedule 2 makes consequential provision.
In paragraph 2(2) of Schedule 21 to the Sentencing Code (mandatory life
sentences: starting point of whole life order), after paragraph (c) insert— the murder of an officer of a provider of probation services in the murder of a person who was serving or had ceased to serve the offence was motivated wholly or partly by the offence was committed on or after the day on which
“(ca)
the course of his or her duty, where the offence was committed
on or after the day on which section
11
of the Sentencing Act
2026 came into force,
(cb)
as a police officer, a prison officer or an officer of a provider
of probation services where—
(i)
something done by the victim in the course of their
duty as a police officer, a prison officer or an officer of
a provider of probation services, and
(ii)
section
11
of the Sentencing Act 2026 came into force,”.
In paragraph 4 of Schedule 9 to the Sentencing Code (meaning of rehabilitation activity requirement), omit sub-paragraph (2).
The Sentencing Code is amended as follows.
In section 201 (community order requirements table), for “rehabilitation activity
requirement” substitute “probation requirement”.
In section 287 (suspended sentence order: community requirements table),
for “rehabilitation activity requirement” substitute “probation requirement”.
In section 394 (rules relating to community orders and suspended sentence
orders etc), in subsection (1)(e)(i), for “rehabilitation activity requirements”
substitute “probation requirements”.
In Schedule 9 (community orders and suspended sentence orders:
requirements)—
in the heading to Part 2, for “Rehabilitation activity requirement”
substitute “Probation requirement”;
in paragraph 4(1), for ““rehabilitation activity requirement”” substitute
““probation requirement””;
in paragraph 5(1), for “rehabilitation activity requirement” substitute
“probation requirement”.
In Schedule 11 (transfer of community orders to Scotland or Northern
Ireland)—
in paragraph 5(2)(b), for “rehabilitation activity requirement” substitute
“probation requirement”;
in paragraph 12(2)(b), for “rehabilitation activity requirement” substitute
“probation requirement”.
In Schedule 17 (transfer of suspended sentence orders to Scotland or Northern
Ireland)—
in paragraph 9(2)(b), for “rehabilitation activity requirement” substitute
“probation requirement”;
in paragraph 32(5)(b), for “rehabilitation activity requirement” substitute
“probation requirement”.
In section 163(2) (availability of driving disqualification), at the end insert
“(including where the court makes a community order or a suspended sentence
order which imposes a driving prohibition requirement).”
In section 207 (availability of community order requirements)—
“Day on which offence committed (5)
Where an offence is found to have been committed over a
period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.”
In section 291 (availability of community requirements)—
“Day on which offence committed (5)
Where an offence is found to have been committed over a
period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.”
In Schedule 9 (community orders and suspended sentence orders: In this Code “driving prohibition requirement”, in relation to a A driving prohibition requirement may prohibit the offender— from driving at any time in a particular period or at from driving any motor vehicle or a motor vehicle of a from driving on any road or other public place or on a road Where the court makes a relevant order imposing a driving the period for which the requirement has effect; if the order prohibits the offender from driving at particular if the order prohibits the offender from driving a motor if the order prohibits the offender from driving on a road A court may impose a driving prohibition requirement whether or the driving of a motor vehicle, or the use of a motor vehicle to commit the offence. In this paragraph—
“
“
requirements), after Part 4 insert—
“Part 4A
Driving prohibition requirement
8A
(1)
relevant order, means a requirement prohibiting the offender from
driving a motor vehicle on a road or other public place.
(2)
(a)
particular times in a particular period;
(b)
particular kind;
(c)
or other public place in a particular area.
(3)
prohibition requirement, the following must be specified in the
order—
(a)
(b)
times, those times;
(c)
vehicle of a particular kind, that kind of motor vehicle;
(d)
or other public place in a particular area, that area.
(4)
not the offence to which the order relates involved—
(a)
(b)
(5)
motor vehicle” has the same meaning as in the Road Traffic
Act 1988 except that for this purpose section 189(1) of that
Act is to be read as if paragraph (c) (certain electrically
assisted pedal cycles not to be treated as motor vehicles)
were omitted;
road” has the same meaning as in the Road Traffic Act 1988
(see section 192 of that Act).”
In section 177H of the Armed Forces Act 2006 (availability of driving
disqualification order), at the end insert “(including where the court makes
a service community order, an overseas community order or a suspended
sentence order which imposes a driving prohibition requirement).”
The Sentencing Code is amended as follows.
In Schedule 9 (community orders and suspended sentence orders: In this Code “public event attendance prohibition requirement”, in A public event attendance prohibition requirement may prohibit A public event attendance prohibition requirement may prohibit a particular public event, a public event of a particular kind, or any public event. Where the court makes a relevant order imposing a public event the period for which the requirement has effect; if the order prohibits the offender from attending a public if the order prohibits the offender from attending a particular if the order prohibits the offender from attending a public In this paragraph “public event” means any event to which the
requirements), after Part 4A (inserted by section
14
(7)
) insert—
“Part 4B
Public event attendance prohibition requirement
8B
(1)
relation to a relevant order, means a requirement prohibiting the
offender from attending a public event.
(2)
the offender from attending a public event at any time in a particular
period or at particular times in a particular period.
(3)
the offender from attending—
(a)
(b)
(c)
(4)
attendance prohibition requirement, the following must be specified
in the order—
(a)
(b)
event at particular times, those times;
(c)
event, that public event;
(d)
event of a particular kind, that kind of public event.
(5)
public or a section of the public has access, whether on payment or
otherwise.”
The Sentencing Code is amended as follows.
In Schedule 9 (community orders and suspended sentence orders: In this Code “drinking establishment entry prohibition requirement”, A drinking establishment entry prohibition requirement may prohibit A drinking establishment entry prohibition requirement may prohibit a particular drinking establishment, a drinking establishment of a particular kind, or any drinking establishment. Where the court makes a relevant order imposing a drinking the period for which the requirement has effect; if the order prohibits the offender from entering a drinking if the order prohibits the offender from entering a particular if the order prohibits the offender from entering a drinking In this paragraph “drinking establishment” means— any premises or part of premises used principally for the any premises— that are open to the public or a section of the public that are, for those purposes, open for any continuous on which the sale of alcohol to the public or a section
requirements), after Part 4B (inserted by section
15
(6)
) insert—
“Part 4C
Drinking establishment entry prohibition requirement
8C
(1)
in relation to a relevant order, means a requirement prohibiting the
offender from entering a drinking establishment.
(2)
the offender from entering a drinking establishment at any time in
a particular period or at particular times in a particular period.
(3)
the offender from entering—
(a)
(b)
(c)
(4)
establishment entry prohibition requirement, the following must be
specified in the order—
(a)
(b)
establishment at particular times, those times;
(c)
drinking establishment, that drinking establishment;
(d)
establishment of a particular kind, that kind of drinking
establishment.
(5)
(a)
sale of alcohol to the public or a section of the public, for
consumption on the premises or part of premises, where the
sale is not made subject to a condition that a person reside
at, or consume food on, the premises, or
(b)
(i)
for the purposes of entertainment,
(ii)
period of time beginning at any time on a day and
not ending at or before midnight on that day, and
(iii)
of the public for consumption on the premises takes
place.”
In section 212(3) (persons to whom partial copy of community order must be
“A restriction zone requirement imposed
The person intended to
be protected”
provided) in the table, before the entry relating to an exclusion requirement
insert—
In section 298(3) (persons to whom partial copy of suspended sentence order
“A restriction zone requirement imposed for the
purpose (or partly for the purpose) of protecting
a person from being approached by the offender
The person intended to
be protected”
must be provided) in the table, before the entry relating to an exclusion
requirement insert—
In Schedule 9 (community orders and suspended sentence orders:
requirements)—
“Part 4D Restriction zone requirement
8D
(1)
In this Code “restriction zone requirement”, in relation to a
relevant order, means a requirement that the offender must remain, for a particular period (“the relevant period”), in one or more particular areas.(2)
Where the court makes a relevant order imposing a
restriction zone requirement, the following must be specified in the order—(a)
the relevant period;
(b)
the area or areas in which the offender must remain
for the relevant period.(3)
The relevant period must not exceed the period of 2 years
beginning with the day on which the requirement first takes effect.(4)
Different areas may be specified for different periods in the
relevant period.(5)
Where the relevant order specifies different areas which do
not adjoin each other, it may include provision for the offender to travel between any of those areas.(6)
Where the court makes a relevant order imposing a
restriction zone requirement, it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—(a)
it is prevented from doing so by—
(i)
paragraph 33 (consent of person whose
cooperation is required), or(ii)
paragraph 34(1) (arrangements in relevant
areas), or(b)
in the particular circumstances of the case, it considers
it inappropriate to do so.”;
in paragraph 34 (restriction on imposing an electronic compliance
monitoring requirement)—
in sub-paragraph (1)(a), for “(2)“ substitute “(1A)”;
“(1A)
In the case of a relevant order containing a restriction
zone requirement, each area proposed to be specified in the order is a relevant area.”
In paragraph 27(4) of Schedule 10 (persons to whom partial copy of amending
“A restriction zone requirement imposed for the
purpose (or partly for the purpose) of protecting
a person from being approached by the offender
The person intended to
be protected”
order must be provided) in the table, before the entry relating to an exclusion
requirement insert—
In paragraph 17(3) of Schedule 11 (persons to whom partial copy of
“A restriction zone requirement imposed for the
purpose (or partly for the purpose) of protecting
a person from being approached by the offender
The person intended to
be protected”
community order or amending order must be provided), in the table, before
the entry relating to an exclusion requirement insert—
In paragraph 28(4) of Schedule 16 (persons to whom partial copy of amending
“A restriction zone requirement imposed for the
purpose (or partly for the purpose) of protecting
a person from being approached by the offender
The person intended to
be protected”
order must be provided), in the table, before the entry relating to an exclusion
requirement insert—
In paragraph 13(5) of Schedule 17 (persons to whom partial copy of
“A restriction zone requirement imposed for the
purpose (or partly for the purpose) of protecting
a person from being approached by the offender
The person intended to
be protected”
transferring order must be provided), in the table, before the entry relating
to an exclusion requirement insert—
The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15) .
In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the
Sentencing Code to overseas community orders), after sub-paragraph (ix),
and on a new line, insert “(see also the modification to paragraph 8D of
Schedule 9 made by section 183(5A) of this Act);”.
In section 183 (modifications of the Sentencing Code in relation to overseas
community orders)—
in subsection (1), for “(5)” substitute “(5A)”;
“(5A)
Paragraph 8D of Schedule 9 (restriction zone requirement) has
effect as if sub-paragraph (6) were omitted.”
The Sentencing Act 2020 is amended as follows.
In section 407(1)(b) (regulations and rules), before the “or” before
paragraph 13A
of Schedule 23 (power to add or alter
sub-paragraph (iii) insert—
“(iia)
requirements imposed by community orders and
suspended sentence orders),”.
Section 407 extends to Scotland (as well as to England and Wales and Northern
Ireland).
In section 414 (extent)—
in subsection (3)(c), after “rules)” insert “(but see subsection (7) )”;
In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but The Lord Chancellor may by regulations amend Chapter 2 of Part add a relevant requirement; make provision about a relevant requirement added pursuant alter provision about a relevant requirement that applies for In sub-paragraph
(1)
“relevant requirement” means a requirement Regulations under this paragraph may make such other provision
The provision that may be made by virtue of this sub-paragraph
includes, in particular, provision amending or repealing any
provision of an Act (whenever passed) including any provision of
the Sentencing Code.
Regulations under this paragraph may not have effect in relation Regulations under this paragraph may confer a function (including Regulations under this paragraph are subject to the affirmative
in Part 6 of that Schedule) insert—
“Power to add or alter requirements
13A
(1)
9 and Chapter 5 of Part 10 (including Schedule 9) so as to—
(a)
(b)
to paragraph
(a)
;
(c)
the time being.
(2)
that may be imposed by a relevant order.
(3)
as the Lord Chancellor considers necessary or expedient in
consequence of, or in connection with, the provision made by virtue
of
sub-paragraph (1)
.
(4)
to any offence committed before the day on which the regulations
come into force.
(5)
the exercise of a discretion) on a person or description of person.
(6)
resolution procedure.”
After section 118 of the Coroners and Justice Act 2009 insert— As soon as practicable after the beginning of each financial year, the The business plan for a financial year must set out— the matters about which the Council proposes to prepare the other activities it proposes to undertake in the year. As soon as practicable after receiving a business plan submitted under
subsection (1)
, the Lord Chancellor must consider the plan and decide If the Lord Chancellor approves the business plan for a financial year— the Lord Chancellor must notify the Council, and the Council must publish the plan once it has been so notified. If the Lord Chancellor decides not to approve the business plan for a notify the Council, and as soon as practicable after doing so, lay before Parliament a
“118A
Business plan
(1)
Council must submit a business plan for the year to the Lord
Chancellor for approval.
(2)
(a)
sentencing guidelines in the year, and
(b)
(3)
whether to approve it.
(4)
(a)
(b)
(5)
financial year, the Lord Chancellor must—
(a)
(b)
document stating the reason for the decision.”
The Coroners and Justice Act 2009 is amended as follows.
In section 120 (sentencing guidelines)—
(a)
seek the consent of the Lord Chief Justice and the Lord
Chancellor to issue them as definitive guidelines, and(b)
if such consent is given”;
in subsection (8), for “such amendments” substitute “any amendments seek the consent of the Lord Chief Justice and the Lord if such consent is given”;
of the draft guidelines which it considers appropriate—
(a)
Chancellor to issue them as definitive guidelines, and
(b)
“(8A)
The Lord Chief Justice and the Lord Chancellor must consider
any request for consent under subsection (7) or (8) as soon as practicable after receiving the request.(8B)
The Lord Chief Justice or the Lord Chancellor may withhold
consent under subsection (7) or (8) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.(8C)
If the Lord Chief Justice or the Lord Chancellor decides to
withhold consent under subsection (7) or (8), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;
in subsection (10), after “and (8)” insert “to (8C) ”.
In section 122 (allocation guidelines)—
(a)
seek the consent of the Lord Chief Justice and the Lord
Chancellor to issue them as definitive guidelines, and(b)
if such consent is given”;
“(5A)
The Lord Chief Justice and the Lord Chancellor must consider
any request for consent under subsection (5) as soon as practicable after receiving the request.(5B)
The Lord Chief Justice or the Lord Chancellor may withhold
consent under subsection (5) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.(5C)
If the Lord Chief Justice or the Lord Chancellor decides to
withhold consent under subsection (5), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.”;
in subsection (7), for “(5)” substitute “ (5C) ”.
The Secretary of State must, for each year, prepare and lay before Parliament
a report relating to prison capacity.
The report for a year—
must include information about—
the number of people in prison and the number of prison places
on a particular date or dates in that year, and
projected changes in the number of people in prison and the
number of prison places, and
may include any other information that the Secretary of State considers
appropriate.
The Secretary of State must publish the report after it has been laid before
Parliament.
“Prison” does not include a naval, military or air force prison.
In the Prison Act 1952—
omit section 5 (annual report on prisons);
in section 43 (places for the detention of young offenders), in the table
in subsection (4), in the second column for the entry for “secure
training centres or secure colleges” omit “5,”.
Where a request is made for the sentencing remarks delivered in the Crown
Court, the court must, subject to subsection (2), make those remarks available
within 14 days of the request being received.
Sentencing remarks may be published only where a judge of the Crown Court
has approved their release, having regard to—
the accuracy of the record, and
the need to comply with any reporting restrictions or other legal
prohibitions.
Sentencing remarks made available under this section must be published free
of charge and may be made available online.
In section 243A (duty to release certain prisoners serving less than 12
months)—
in subsection (1)(b), for sub-paragraph (i) (but not the “and” at the is serving a sentence under section 250 of the
end of that sub-paragraph) substitute—
“(i)
Sentencing Code which is for a term of more
than 1 day but less than 12 months,”;
in subsection (1A), for paragraph (a) (but not the “and” at the end of the prisoner is serving a sentence under section 250 of
that sub-paragraph) substitute—
“(a)
the Sentencing Code which is for a term of more than
1 day but less than 12 months,”;
in subsection (3), for paragraph (a) (but not the “and” at the end of in relation to a person serving one sentence imposed in relation to a person serving one sentence of any other
that paragraph) substitute—
“(a)
under section 250 of the Sentencing Code, one half of
the sentence,
(aa)
kind, one-third of the sentence,”;
in subsection (4), omit paragraph (b) (and the “and” before it).
In section 244(3) (requisite custodial period for prisoners not subject to special in relation to a prisoner serving one sentence imposed under in relation to a prisoner serving one sentence of any other kind,
provision for release), for paragraph (a) substitute—
“(a)
section 91 of the PCC(S)A 2000 or section 250 of the Sentencing
Code, one-half of the sentence,
(aa)
one-third of the sentence,”.
In section 244ZA(8) (requisite custodial period for certain violent or sexual in relation to a prisoner serving one sentence within subsection in relation to a prisoner serving one sentence within subsection
offenders), for paragraph (a) (but not the “and” at the end of that paragraph)
substitute—
“(a)
(4) or (5), one-half of the prisoner’s sentence,
(aa)
(6), two-thirds of the prisoner’s sentence,”.
In section 246(6) (power to release prisoners on licence before being required
to do so: interpretation), in the definition of “the requisite custodial period”,
after “paragraph (a)”, in both places it occurs, insert “, (aa)”.
In section 256B(1A)(a) (supervision after release of certain young offenders
serving less than 12 months) omit “or 262”.
In section 264 (consecutive terms)—
in subsection (2F)(a)(i), after “243A(1)” insert “or (1A)”;
in subsection (6)—
for paragraph (cb) (but not the “and” at the end of that in relation to a sentence in respect of which in relation to a sentence in respect of which in relation to any sentence imposed under
paragraph) substitute—
“(cb)
section 244ZA applies to the offender by virtue
of subsection (4) or (5) of that section, one-half
of the sentence,
(cc)
section 244ZA applies to the offender by virtue
of subsection (6) of that section, two-thirds of
the sentence,
(cd)
section 91 of the PCC(S)A 2000, or in relation to
any other sentence imposed under section 250
of the Sentencing Code, one-half of the
sentence,”;
in paragraph (d), for “one-half” substitute “one-third”.
In section 264B (consecutive terms: supplementary)—
in subsection (1)(b), omit “of imprisonment”;
in subsection (1)(c)—
omit “of imprisonment”;
after “imposed”, in the first place it occurs, insert “under section
250 of the Sentencing Code”;
after “imposed”, in the second place it occurs, insert “(whether
or not under section 250 of the Code)”;
in subsection (2)(a), after “the”, in the first place it occurs, insert
“minimum”;
in subsection (3), for “custodial period” substitute “minimum custodial
period”.
In section 267 (alteration by order of relevant proportion of sentence)—
after “section 243A(3)(a)” insert “or (aa) ”;
after “244(3)(a)” insert “or (aa), section 244ZA(8)(a) or (aa)”;
for “264(6)(d)” substitute “264(6)(cb), (cc), (cd) or (d)”.
The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods)
Order 2024 (S.I. 2024/844) is revoked.
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
in Schedule 14, omit paragraph 6(3)(b);
in the Offender Rehabilitation Act 2014, in Schedule 3, omit paragraph
18;
in the Police, Crime, Sentencing and Courts Act 2022, omit section
130(6);
in the Home Detention Curfew and Requisite and Minimum Custodial
Periods (Amendment) Order 2024 (S.I. 2024/1331) omit articles 3 and
4.
The amendments made by this section, as well as applying in relation to a
sentence of imprisonment or detention imposed on or after the day on which
those amendments come into force, apply in relation to a sentence of
imprisonment or detention imposed before that day if, immediately before
that day, the person serving the sentence—
is in custody or detention pursuant to the sentence, or
is on licence subject to a curfew condition within the meaning of
section 253 of the Criminal Justice Act 2003.
This subsection applies to a sentence if—
the sentence was not imposed under section 91 of the Powers of
Criminal Courts (Sentencing) Act 2000, section 209 of the Armed Forces
Act 2006 or section 250 of the Sentencing Code.
This subsection applies to a sentence if—
section 244 of the Criminal Justice Act 2003 applies in relation to the
sentence,
the sentence was imposed in respect of an offence for which a sentence
of life imprisonment could have been imposed (in the case of an
offender aged 21 or over) on the day on which this section comes into
force, and
the sentence would, on the date on which this section comes into force,
fall within subsection (4) or (5) of section 244ZA of the Criminal Justice
Act 2003 if that section were read subject to the following modifications
(so far as necessary to enable the subsection in question to apply)—
subsections (4)(c) and (5)(c) (date of sentence) were omitted;
subsections (4)(d)(ii) and (7)(b)(ii) (availability of life sentence
at date of imposition of sentence) were omitted;
subsection (5)(a) also referred to a sentence under section 96
of the Powers of Criminal Courts (Sentencing) Act 2000.
In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed)—
in subsection (4)—
in paragraph (fc), for the words from “, a period” to the end where the sentence falls within where the sentence falls within
of the paragraph substitute “—
(i)
subsection (4) or (5) of that section, a
period equal to one-half of the sentence;
(ii)
subsection (6) of that section, a period
equal to two-thirds of the sentence;”;
“(fe)
in the case of any other sentence under section
250 of the Sentencing Code, a period equal to one-half of the sentence;”;
in paragraph (h), for “half” substitute “one-third of”;
in subsection (8), after “244(3)(a)” insert “or (aa) or section 244ZA(8)(a)
or (aa)”;
in subsection (9)—
“(za)
if the amending order makes provision in respect
of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;(zb)
if the amending order makes provision in respect
of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;”;
in paragraph (a), for “243A(3)(a) or 244(3)(a)” substitute
“244(3)(aa)”.
In section 177J (extension of disqualification where custodial sentence or
service detention also imposed)—
in subsection (5), in the table—
“A1
a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender
half the term of the sentence of detention”;
in entry 10, in column 2, at the end insert “by virtue of
subsection (4) or (5) of that section”;
in that entry, in column 3, for “two-thirds” substitute “one-half”;
“10A
a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section
two-thirds of the sentence”;
in entry 14, in column 3, for “half” substitute “one-third of”;
“(8)
Subsection (8A) applies where—
(a)
an order (“the amending order”) is made under section
267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and(b)
the amending order provides that the proportion of a
custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).(8A)
The Secretary of State may by regulations—
(a)
if the amending order makes provision in respect of
section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion;(b)
if the amending order makes provision in respect of
section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion;(c)
if the amending order makes provision in respect of
section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion;(d)
if the amending order makes provision in respect of
section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.”
In section 373 (orders, regulations and rules), in each of subsections (3)(d),
(5) and (5A), for “177J(8)” substitute “177J(8A)”.
In section 166 of the Sentencing Code (extension of disqualification where
custodial sentence also imposed)—
in subsection (5), in the table—
“1ZA
a sentence of detention under section 250 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender
half the term of the sentence of detention”;
in entry 6B, in column 2, at the end insert “by virtue of
subsection (4) or (5) of that section”;
in that entry, in column 3, for “two-thirds” substitute “one-half”;
“6BA
a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section
two-thirds of the sentence”;
in entry 8, in column 3, for “half” substitute “one-third of”;
“(7)
Subsection (7A) applies where—
(a)
an order (“the amending order”) is made under section
267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and(b)
the amending order provides that the proportion of a
custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).(7A)
The Secretary of State may by regulations—
(a)
if the amending order makes provision in respect of
section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry 1ZA specified the new proportion;(b)
if the amending order makes provision in respect of
section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6B specified the new proportion;(c)
if the amending order makes provision in respect of
section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 6BA specified the new proportion;(d)
if the amending order makes provision in respect of
section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 8 specified the new proportion.”;
in subsection (8), for “(7)” substitute “(7A)”;
in subsection (9), for “(7)” substitute “(7A)”.
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
in Schedule 14, omit paragraph 1(b);
in the Police, Crime, Sentencing and Courts Act 2022, in Schedule 21,
omit paragraph 4.
The amendments made by this section apply in relation to—
an order under section 34 or 35 of the Road Traffic Offenders Act 1988
which is made on or after the day on which this section comes into
force,
a driving disqualification order within the meaning of the Armed
Forces Act 2006 which is made on or after that day, and
a driving disqualification order within the meaning of the Sentencing
Code which is made on or after that day.
Section 244ZA of the Criminal Justice Act 2003 (release on licence of certain
violent or sexual offenders) is amended as follows.
“(9)
For the purposes of this section, a reference to an offence specified in
a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.(10)
In subsection (9) —
(a)
“service offence” means an offence under—
(i)
section 70 of the Army Act 1955 or the Air Force Act
1955,(ii)
section 42 of the Naval Discipline Act 1957, or
(iii)
section 42 of the Armed Forces Act 2006;
(b)
“corresponding civil offence” means—
(i)
in relation to an offence under section 70 of the Army
Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;(ii)
in relation to an offence under section 42 of the Naval
Discipline Act 1957, the civil offence within the meaning of that section;(iii)
in relation to an offence under section 42 of the Armed
Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.(11)
Section 48 of the Armed Forces Act 2006 (supplementary provisions
relating to ancillary service offences) applies for the purposes of subsection (10) (b) (iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.”
The amendments made by this section, as well as applying in relation to
offences committed on or after the day on which those amendments come
into force, apply in relation to offences committed before that day.
In section 246 (power to release prisoners on licence before required to do
so)—
in the heading, after release insert “certain”;
“(1)
Subject to subsections (1A), (2) and (4), the Secretary of State
may release on licence under this section a fixed-term prisoner serving only one or more sentences under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period.”;
“(1A)
Subsection (1) does not apply to a prisoner to whom section
244ZA or 247A applies.”;
in subsection (2), in the opening words, for “(1)(a)” substitute “(1)”;
in subsection (4)(ac)—
in sub-paragraph (i), for “244ZA(4)(c), (5)(c) and (6)(c)”
substitute “244ZA(6)(c)”;
at the end of that sub-paragraph insert “and”;
omit sub-paragraph (ii) and the “and” at the end of that
sub-paragraph;
omit subsection (4)(d);
in subsection (4A)—
omit paragraph (a) and the “and” at the end of that paragraph;
in paragraph (b), for “that Act” substitute “the Armed Forces
Act 2006”;
in subsection (5)(a), for “(1)(a)” substitute “(1)”;
in subsection (6)—
““
the requisite custodial period”—(a)
means, for the purposes of subsection (4)(gb)(ii),
the period mentioned in section 244(3) (a) (subject to sections 263 and 264);
omit the definition of “term of imprisonment”.
in subsection
(2)
, for the words from “means—” to the end of the
subsection substitute “means the period of 56 days beginning with
the day on which P returns to custody.”;
In section 255C(6) (prisoners excluded from automatic release), after “if P”
insert “is a relevant young offender who”.
In section 264AA(1A) (consecutive terms: detention and training orders), for
“246(1)(a)” substitute “246(1)”;
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
omit section 112(6);
in Schedule 20, omit paragraph 5(3);
in the Criminal Justice and Courts Act 2015, in Schedule 1, omit
paragraph 7(3);
in the Sentencing Act 2020, in Schedule 24, omit paragraph 224(2)(b)
and (3);
the Criminal Justice Act 2003 (Home Detention Curfew) Order 2023
(S.I. 2023/390) is revoked;
in the Victims and Prisoners Act 2024, omit section 68(2);
in the Home Detention Curfew and Requisite and Minimum Custodial
Periods (Amendment) Order 2024 (S.I. 2024/1331), omit article 2.
The amendments made by this section do not apply in relation to a person
who, immediately before the day on which this section comes into force, is
on licence subject to a curfew condition within the meaning of section 253 of
the Criminal Justice Act 2003.
In section 64 of the Criminal Justice and Court Services Act 2000 (drug testing
requirement)—
in subsection (1)—
at the end of paragraph (a) insert “, and”;
omit the “and” at the end of paragraph (b);
omit paragraph (c);
omit subsection (1A);
in subsection (2), for the words from “For the purpose” to “they”
substitute “Those conditions”.
In section 250 (licence conditions)—
in subsection (4)(b)—
“(ai)
a driving prohibition condition (see
section 250A ),”;
“(8A)
An order under this section or a condition included in a licence
under this section may confer a discretion on an officer of a provider of probation services.”
“250A Driving prohibition condition
(1)
A driving prohibition condition is a condition prohibiting a person
from driving a motor vehicle on a road or other public place.(2)
A driving prohibition condition may prohibit a person—
(a)
from driving at any time or at times specified in the condition;
(b)
from driving any motor vehicle or a motor vehicle of a
description so specified;(c)
from driving on any road or other public place or on a road
or other public place in an area so specified.(3)
In this section—
“
motor vehicle” has the same meaning as in the Road Traffic Act
1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;“
road” has the same meaning as in the Road Traffic Act 1988 (see
section 192 of that Act).”
“250B Public event attendance prohibition condition
(1)
A public event attendance prohibition condition is a condition
prohibiting a person from attending a public event.(2)
A public event attendance prohibition condition may prohibit a person
from attending a public event at any time or at times specified in the condition.(3)
A public event attendance prohibition condition may prohibit a person
from attending—(a)
a public event specified in the condition,
(b)
a public event of a description so specified, or
(c)
any public event.
(4)
In this section “public event” means any event to which the public
or a section of the public has access, whether on payment or otherwise.”
“250C Drinking establishment entry prohibition condition
(1)
A drinking establishment entry prohibition condition is a condition
prohibiting a person from entering a drinking establishment.(2)
A drinking establishment entry prohibition condition may prohibit a
person from entering a drinking establishment at any time or at times specified in the condition.(3)
A drinking establishment entry prohibition condition may prohibit a
person from entering—(a)
a drinking establishment specified in the condition,
(b)
a drinking establishment of a description so specified, or
(c)
any drinking establishment.
(4)
In this section “drinking establishment” means—
(a)
any premises or part of premises used principally for the sale
of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or(b)
any premises—
(i)
that are open to the public or a section of the public for
the purposes of entertainment,(ii)
that are, for those purposes, open for any continuous
period of time beginning at any time on a day and not ending at or before midnight on that day, and(iii)
on which the sale of alcohol to the public or a section
of the public for consumption on the premises takes place.”
“250D Restriction zone condition
(1)
A restriction zone condition is a condition requiring a person to remain
in one or more areas specified in the condition.(2)
A restriction zone condition may require a person to remain in different
areas at different times.(3)
Where a restriction zone condition specifies different areas which do
not adjoin each other, it may include provision for the person to whom the condition applies to travel between any of those areas.”
In consequence of the provision made by subsection
(1)
, in section 11(2) of
the Offender Rehabilitation Act 2014 omit paragraphs (b) to (d).
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.
The Criminal Justice and Court Services Act 2000 is amended as follows.
In section 62 (release on licence etc: electronic monitoring conditions), in
subsection (5)—
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,”;
in paragraph (h), for “that Act” substitute “the Armed Forces Act
2006”;
“, 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,”.
In section 62A (release on licence etc: compulsory electronic monitoring
conditions), in subsection (4)—
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),”;
in paragraph (d), for “that Act” substitute “the Armed Forces Act
2006”;
“, 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.”
In section 64 (release on licence etc: drug testing requirements), in subsection
(5)—
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,”;
in paragraph (h), for “that Act” substitute “the Armed Forces Act
2006”;
“, 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,”.
In section 64A (release on licence etc: drug appointments), in subsection (8),
in the definition of “sentence of imprisonment”—
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”;
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”.
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.
The Criminal Justice Act 2003 is amended as follows.
“(6A)
The Secretary of State may by order amend this Chapter so as to make
provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1).(6B)
An order under subsection (6A) may confer a function (including the
exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”
In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate
“section 254
(6A)
,”.
place insert—
The Criminal Justice Act 2003 is amended as follows.
“255A Further release after recall: introductory
(1)
This section applies for the purpose of identifying which of sections
255B, 255BA and 255C governs the further release of a person who has been recalled under section 254.(2)
In this section—
(a)
(3)
The Secretary of State must, on recalling a relevant young offender
other than an offender whose case was referred to the Board under section 244ZB, consider whether the offender is suitable for release at the end of the section 255B automatic release period (see section 255B (1A) and (1B) for the meaning of this period).(4)
A relevant young offender is suitable for release at the end of the
section 255B automatic release period only if—(a)
the offender—
(i)
is aged 18 or over,
(ii)
is serving a sentence of less than 12 months,
(iii)
has not been recalled on account of being charged with
a serious offence, and(iv)
is not being 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(b)
where paragraph (a) does not apply, the Secretary of State is
satisfied that the offender will not present a risk of serious harm to members of the public if released at the end of the section 255B automatic release period.(5)
(a)
murder, or
(b)
an offence listed in Schedule 18 to the Sentencing Code.
(6)
A relevant young offender must be dealt with—
(a)
in accordance with section 255B if suitable for release at the
end of the section 255B automatic release period;(b)
in accordance with section 255C otherwise,
but that is subject, where applicable, to section 243A(2) (unconditional release).
(7)
A person who is not a relevant young offender must be dealt with—
(a)
in accordance with section 255BA if—
(i)
(ii)
the Secretary of State has not made a determination
under subsection (5) of that section in relation to the person;(b)
in accordance with section 255C otherwise,
but that is subject, where applicable, to section 243A(2) (unconditional release).
(8)
A person who is not a relevant young offender is eligible for release
at the end of the section 255BA automatic release period except where the person—(a)
is an extended sentence prisoner,
(b)
is serving a sentence imposed under section 236A or under
section 265 or 278 of the Sentencing Code (prisoners serving sentences for offenders of particular concern),(c)
is serving a sentence imposed in respect of an offence within
section 247A(2) (terrorist prisoners),(d)
is serving a sentence for an offence listed in Schedule 19ZB (offences involving or connected with terrorism or a threat to national security),
(e)
is serving a sentence for an offence listed in Part 3 of Schedule
13 to the Sentencing Code (offences involving or connected with a threat to national security),(f)
is a relevant terrorist offender for the purposes of section
325(2)(aa) (see section 327),(g)
falls, immediately before being recalled, within section 325(2)(c)
(persons considered to be persons who may be at risk of involvement in terrorism-related activity),(h)
is, immediately before being recalled, a person who is
considered by the Secretary of State to be a person who 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),(i)
is being managed, immediately before being recalled, 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),(j)
is a person whose case was referred to the Board under section
244ZB (referral of high-risk offenders),(k)
has been recalled on account of being charged with an offence,
or(l)
is a person to whom Part 2 or 3 of Schedule 20B applies
(transitional cases).(9)
For the purposes of subsection (8) (a) , an “extended sentence prisoner”
is a prisoner serving an extended sentence imposed under—(a)
section 226A, 226B, 227 or 228 of this Act,
(b)
section 254, 266 or 279 of the Sentencing Code, or
(c)
section 85 of the PCC(S)A 2000,
and paragraph (c) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.
(10)
The Secretary of State may by order—
(a)
amend subsection (8) so as to—
(i)
add a description of person;
(ii)
alter or remove a description of person for the time
being mentioned in the subsection;(b)
further amend this Act for the purpose of making provision
which is consequential on provision made under paragraph (a) .(11)
An order under subsection (10) may confer a function (including the
exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”
In
section 330
(5)
(a)
(orders subject to affirmative procedure), at the appropriate
place insert—
After Schedule 19ZA insert the Schedule set out in Schedule
4
to this Act
(offences where offender not eligible for release at the end of the section
255BA automatic release period).
Omit Schedule 19AA (offences where offender not suitable for automatic
release).
Section 255B of the Criminal Justice Act 2003 is amended as follows.
In the heading, after “release” insert “: relevant young offenders”.
“(1)
A relevant young offender who is suitable for automatic release at the
end of the section 255B automatic release period (“P”) must—(a)
on return to prison, be informed that they will be released
under this section (subject to subsections (8) and (9)), and(b)
at the end of the section 255B automatic release period, be
released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).(1A)
In the case of a relevant young offender recalled under section 254
while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—(a)
where the offender is serving a sentence of less than 12 months,
the period of 14 days beginning with the day on which the offender returns to custody;(b)
where the offender is serving a sentence of 12 months or more,
the period of 28 days beginning with that day.(1B)
In the case of a relevant young offender recalled under section 254
while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—(b)
the requisite custodial period which the offender would have
served under section 243A or 244 but for the earlier release.”
In subsection (9), in the words before paragraph (a) and in paragraph (b), for
“automatic release” substitute “release at the end of the section 255B automatic
release period”.
The Criminal Justice Act 2003 is amended as follows.
“255BA Automatic 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)
(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)
(5)
(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)
(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.”
“(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).”
In section 237A(12)(b) (public protection decisions), for “not suitable for”
substitute “excluded from”.
In section 244(1A) (duty to release prisoners not subject to special provision
for release), for “and”, in the second place it occurs, substitute “to”.
In section 244ZA(2) (release on licence of certain violent or sexual offenders),
in paragraph (c), for “and” substitute “to”.
In section 247A(7) (restricted eligibility for release on licence of terrorist
prisoners), for “255B and” substitute “
255A
to”.
In section 255C (prisoners excluded from automatic release)—
in the heading, for “not suitable for automatic release” substitute
“excluded from automatic release under section 255B or
255BA
”;
“(1)
This section applies to a prisoner (“P”)—
(a)
who is a relevant young offender and—
(i)
whose case was referred to the Board under
section 244ZB, or(b)
who is not a relevant young offender and—
(i)
“(9)
In this section, “relevant young offender” has the same meaning
as in section 255A.”
In section 256AZA(4) (release after recall where further sentence being served),
after “255B,” insert “
255BA
,”.
In section 256AZB(1) (power to change test for release following recall)—
in paragraph (a), for “automatic release” substitute “release at the end
of the section 255B automatic release period”;
In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 section 255C (prisoners excluded from automatic release)
of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—
“(b)
applied to them.”
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
in Schedule 20 omit paragraph 7;
in the Offender Rehabilitation Act 2014, omit section 9(4) and (5);
in the Sentencing Act 2020, in Schedule 24 omit paragraph 228;
in the Counter-Terrorism and Sentencing Act 2021, in Schedule 13
omit paragraph 9(6) and (7)(b);
in the Police, Crime, Sentencing and Courts Act 2022, omit section
132(6) and (7);
the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order
2025 (S.I. 2025/833) is revoked.
The amendments made by sections
30
,
31
,
32
(1)
to
(3)
, this section and
Schedule
4
, as well as applying to a person recalled on or after the day on
which those amendments come into force, apply to a person (“P”) recalled
before that day except where P, immediately before that day—
is in custody or detention, and
is not being dealt with in accordance with section 255C (prisoners
excluded from automatic release).
In the Criminal Justice Act 2003 —
for the italic heading before section 256AA, for “offenders” substitute
“certain young offenders after release”;
omit
sections 256AA
to
256AC
(supervision after end of sentence of
prisoners serving less than 2 years);
omit Schedule 19A (supervision default orders).
In the Sentencing Code, omit section 247 (supervision after end of term of
detention and training order).
The amendments do not have effect in relation to a failure, or alleged failure,
to comply with such a supervision requirement where the failure or alleged
failure began, or is alleged to have begun, before the day on which the
amendments come into force.
In section 260 of the Criminal Justice Act 2003 (early removal of prisoners
liable to removal from United Kingdom)—
in subsection (1) omit “after the prisoner has served the minimum
pre-removal custodial period”;
omit subsection (2);
omit subsection (6);
in subsection (9) omit from “and in such a case—” to the end of that
subsection.
In consequence of the amendments made by subsection (1) —
in section 257(2) of the Criminal Justice Act 2003 (additional days for
disciplinary offences)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in section 263 of that Act (concurrent terms), omit subsection (2A);
in section 330(5)(a) of that Act (procedure for orders), omit “section
260,”;
in Schedule 20B to that Act (transitional provision), in paragraph
37(1)—
in paragraph (b) omit “during the period mentioned in
subsection (1) of that section”;
in the words after paragraph (b) omit “after the end of that
period”;
in section 47 of the Nationality and Borders Act 2022 (prisoners liable
to removal from United Kingdom), omit subsections (8) and (10).
The Sentencing Code is amended as follows—
in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”:
community order and suspended sentence order)—
in sub-paragraph (1)(b), omit “, during a period of 12 months,”;
omit sub-paragraph (2);
in Schedule 10, omit paragraph 21 and the italic heading before it;
in Schedule 16, omit paragraph 27 and the italic heading before it.
Schedule A1 to the Children Act 1989 is amended as follows—
in paragraph 3A (meaning of “unpaid work requirement”: enforcement
order)—
in sub-paragraph (1)(b), omit “, during a period of 12 months,”;
in sub-paragraph (2), for “paragraphs 7 and 9” substitute
“paragraph 9”;
omit sub-paragraph (3);
omit paragraph 7 and the italic heading before it;
in paragraph 9 (breach of an enforcement order), in sub-paragraph (9)
omit paragraph (b).
In paragraph 3(4) of Schedule 19A to the Criminal Justice Act 2003 as if, in paragraph (b), after “the times” there were inserted “,
(modification of Sentencing Code in its application to supervision default
orders), for paragraph (b), substitute—
“(b)
before the end of the supervision period,”.”
If section
34
(repeal of provisions relating to supervision after end of sentence)
comes into force before the coming into force of subsection
(4)
, 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.
In consequence of the amendments made by subsection
(2)
, in paragraph 112
of Schedule 24 to the Sentencing Act 2020—
omit sub-paragraph (4);
in sub-paragraph (6), omit paragraph (b).
In paragraph 2 (number of hours of unpaid work)—
“(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.”;
“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;(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.”
In consequence of the amendments made by subsections
(1)
to
(3)
, the
Sentencing Code is amended as follows—
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”;
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”;
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)
”;
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)”.
In Schedule 19A to the Criminal Justice Act 2003 (supervision default orders:
application and modification of provisions relating to community orders)—
in paragraph 2(f), after “2(1)” insert “and (1A) ”;
in paragraph 3—
“(3A)
Section 220(3) applies as if the words “, subject to
any reduction under paragraph 3A of Schedule 9” were omitted.”;
“(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.”
in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3 (5A) ”;
in paragraph 10(2)(b), for “2(1)” substitute “2 (1A) ”.
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.
In Schedule 31 to the Criminal Justice Act 2003 (default orders: modification
of provisions relating to community orders)—
in paragraph 2 (unpaid work requirement)—
“(1A)
In sub-paragraph (1), the words “subject to any
reduction under paragraph 3A ” are omitted.”;
in sub-paragraph (2), for the words before the Table in that not less than 20 hours, and in the case of an amount in default which is
sub-paragraph substitute “In sub-paragraph
(1A)
, for
paragraphs (a) and (b) there is substituted—
“(a)
(b)
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.””;
“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.”
The amendments made by this section apply in relation to a community order,
suspended sentence order, supervision default order or default order whenever
made.
The Sentencing Code is amended as follows.
In the italic heading before section 218, after “revocation” insert “, termination”.
In section 218—
in the heading, after “revocation” insert “, termination”;
“(ba)
termination of community orders;”.
In section 220(2) (when a community order ceases to be in force)—
the words “when it is revoked” become paragraph (a), and
“, or
(b)
when it terminates under Part 3A of Schedule 10.”
In Schedule 10 (breach, revocation or amendment of community order)—
in the heading, after “revocation” insert “, termination”;
“Part 3A Termination 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)
The amendments made by this section apply to a community order whenever
made.
The Sentencing Code is amended as follows.
In section 288 (operational period and supervision period), after subsection For provision about the termination of the supervision period, see
(5) insert—
“(6)
paragraph 22A of Schedule 16.”
In section 303 (introduction of Schedule 16), after paragraph (a) (but before termination of the supervision period of a suspended sentence
the “and” at the end of that paragraph) insert—
“(aa)
order,”.
In section 305 (suspended sentences: interpretation), in the definition of the
“the supervision period”, in the words after paragraph (c), after “requirement)”
insert “and paragraph 22A of Schedule 16 (termination of supervision period)”.
In Part 3 of Schedule 16 (amendment of suspended sentence order), after This paragraph applies if— the suspended sentence order does not contain provision for in a case where the order imposes a probation requirement, in a case where the order imposes one or more other in a case where a sentence plan has been prepared for the considers that the offender has met the objectives set does not consider that it is necessary to add to those The supervision period terminates on the date specified by the In this paragraph “sentence plan”, in relation to an offender to whom the community requirements imposed by the order, any objectives to be met by the offender for the purposes of how the offender— will comply with those requirements, and will meet any such objectives.
paragraph 22 insert—
“Termination of supervision period
22A
(1)
(a)
review within the meaning of section 293A (review of
suspended sentence order qualifying for special procedures),
(b)
the responsible officer does not consider that it is necessary
to give any further instructions to the offender pursuant to
that requirement,
(c)
community requirements listed in section 287 (whether or
not it also imposes a probation requirement), the offender
has complied with each of those other requirements, and
(d)
offender, the responsible officer—
(i)
out in the plan, and
(ii)
objectives.
(2)
responsible officer to the offender.
(3)
a suspended sentence order relates, means a plan prepared by the
responsible officer which sets out—
(a)
(b)
the order, and
(c)
(i)
(ii)
(4)
In paragraph 25 of Schedule 17 (modifications of Part 3 of Schedule 16 to the paragraph 22A (termination of supervision period) were
Code in relation to an SSSO or NISSO), after paragraph (d) insert—
“(da)
omitted;”.
The amendments made by this section apply to a suspended sentence order
whenever made.
Omit section 73(2) of the Victims and Prisoners Act 2024 (rules about the proceedings of the Parole Board).
In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain This paragraph applies to a prisoner if— the prisoner has been transferred to England and Wales in the prisoner is serving a sentence for an offence which by virtue of that sentence the prisoner is a fixed-term If, apart from this sub-paragraph, section 243A of the 2003 Act (duty If section 244 of the 2003 Act (duty to release prisoners not subject where the prisoner is serving one sentence, two-thirds of the where the prisoner is serving two or more concurrent or If, apart from this sub-paragraph, the prisoner could be released on If— the prisoner is recalled to prison under section 254 of the apart from this sub-paragraph, section 255B or 255BA of that
section 255C of that Act (prisoners excluded from automatic release)
applies to the prisoner instead.
If section 264 of the 2003 Act (consecutive terms) applies to the Section 264B of the 2003 Act (consecutive terms: supplementary)
enactments in relation to transferred prisoners), after paragraph 2A insert—
“Application of release provisions to prisoner serving fixed-term sentence for murder
2B
(1)
(a)
pursuance of a warrant under section 1,
(b)
corresponds to murder under the law of England and Wales,
and
(c)
prisoner for the purposes of Chapter 6 of Part 12 of the
Criminal Justice Act 2003 (“the 2003 Act”).
(2)
to release certain prisoners serving less than 12 months) would
apply to the prisoner, Chapter 6 of Part 12 of that Act and the
following provisions of this paragraph have effect in relation to the
prisoner as if section 244 of that Act applied to the prisoner.
(3)
to special provision for release) applies to the prisoner, Chapter 6
of Part 12 of that Act has effect in relation to the prisoner as if the
requisite custodial period for the purposes of that section were—
(a)
sentence, and
(b)
consecutive sentences, the period determined under section
263(2) and 264(2B) or (2E) of the 2003 Act.
(4)
licence under section 246 of the 2003 Act, the prisoner must not be
released under that section.
(5)
(a)
2003 Act, and
(b)
Act (automatic release) would apply to the prisoner following
the prisoner’s recall,
(6)
(7)
prisoner, that section has effect in relation to the prisoner as if the
minimum custodial period in relation to the prisoner’s sentence for
the offence mentioned in sub-paragraph
(1)
(b)
of this paragraph
were two-thirds of the sentence.
(8)
does not apply to the prisoner.”
In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6
of Part 12 in certain transitional cases), in paragraph 4(5)(c), omit “to murder
or”.
The amendments made by this section, as well as applying to a prisoner who
is transferred into England and Wales on or after the day on which those
amendments come into force, apply to a prisoner who is transferred into
England and Wales before that day.
But if—
a prisoner is transferred into England and Wales before the day on
which the amendments made by this section come into force, and
the prisoner is released under Chapter 6 of Part 12 of the Criminal
Justice Act 2003 before that day,
those amendments do not apply to the prisoner unless the prisoner is recalled to prison under section 254 or 255 of that Act on or after that day.
The Crime (Sentences) Act 1997 is amended as follows.
In section 31A (imprisonment or detention for public protection: termination
of licences)—
“(3A)
Where—
(a)
the prisoner has been released on licence under this
Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32),(b)
the qualifying period has expired,
(c)
the prisoner’s licence has remained in force for a
continuous period of one year beginning not before the qualifying period expired, and(d)
the prisoner requests that the Secretary of State refer
their case to the Parole Board,the Secretary of State must refer the prisoner’s case to the Board under this subsection.
(3B)
in subsection (4), after “(3)” insert “or (3A) ”;
in subsection (4D), for the words from “The reference under” to “that
subsection” substitute “A reference under subsection (3) or (3A) must
not be made, and a reference under either of those subsections”;
in subsection (4E)(a), after “(3)” insert “or (3A) ”;
in subsection (5), in the definition of “the qualifying period”, for the
words from “means—” to the end of the definition substitute “means
the period of two years beginning with the date of the prisoner’s
release.”;
in subsection (6)—
omit “paragraph (a) or (b) of”;
after “the definition of “the qualifying period”” insert “in a prisoner who was not at any time, in the any other prisoner.”
relation to—
(a)
period specified in the regulations beginning
with the date of the prisoner’s release, serving
any preventive sentence in respect of an offence
for which the prisoner was convicted when aged
18 or over;
(b)
In section 32 (recall of life prisoners while on licence), in subsection (5C), after
“for the purposes of” insert “
paragraph (c)
of section 31A
(3A)
(referral to
Parole Board) or”.
In section 32ZZA (imprisonment or detention for public protection: powers
in relation to release of recalled prisoners), in subsection (4), after “for the
purposes of” insert “
paragraph (c)
of section 31A
(3A)
(referral to Parole Board)
or”.
In subsection (1), after “section 32ZAA,” insert “and unless subsection (2B) applies on the referral,”.
“(2A)
Subsection (2B) applies on a referral of a prisoner’s case under section
32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.(2B)
The High Court—
(a)
must, if satisfied that it is no longer necessary for the protection
of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner unconditionally;(b)
otherwise, must make an order quashing the Parole Board’s
direction to release the prisoner unconditionally.”
In subsection (2), after “the need” insert “where the life prisoner is to be
released on licence”.
The amendments made by this section do not affect the duty of the Secretary
of State to release a prisoner whose release has been directed by the Parole
Board before this section comes into force.
The Bail Act 1976 is amended as follows.
In section 2 (definitions), in subsection (2), after the definition of “surrender
““
to custody” insert—
suspended sentence” has the meaning given by section 286 of the
Sentencing Code,”.
In section 3 (general provisions), in subsection (6ZAA), after “extradition
proceedings)” insert “, section 3AAB (in the case of certain adults granted
bail where there is a real prospect of a suspended sentence)”.
“3AAB Conditions for the imposition of electronic monitoring requirements:
certain adults released on bail where real prospect of suspended sentence(1)
This section applies to a person who has attained the age of 18 and
is released on bail in non-extradition proceedings if it appears to the court that—(a)
there is no real prospect that the person will be sentenced in
the proceedings to a custodial sentence, other than a suspended sentence, and(b)
there is a real prospect that the person will be sentenced in the
proceedings to a suspended sentence.(2)
Where the person is accused or convicted in the proceedings of one
or more indictable offences or offences triable either way a court may not impose electronic monitoring requirements on the person unless—(b)
the condition in subsection (9) is met.
(3)
Where the person is accused or convicted in the proceedings of one
or more offences each of which is a summary offence a court may not impose electronic monitoring requirements on the person unless—(b)
the condition in subsection (9) is met.
(4)
The condition in this subsection is that the court is satisfied that there
are substantial grounds for believing that without the electronic monitoring requirements the person would—(a)
fail to surrender to custody,
(b)
commit an offence while on bail, or
(c)
interfere with witnesses or otherwise obstruct the course of
justice in relation to the person or any other person.(5)
The condition in this subsection is that—
(a)
it appears to the court that, having previously been granted
bail in criminal proceedings, the person has failed to surrender to custody in accordance with the person’s obligations under the grant of bail, and(b)
the court believes that without the electronic monitoring
requirements the person would fail to surrender to custody.(6)
The condition in this subsection is that—
(a)
it appears to the court that the person was on bail in criminal
proceedings on the date of the offence or one of the offences of which the person is accused or convicted in the proceedings, and(b)
the court is satisfied that there are substantial grounds for
believing that without the electronic monitoring requirements the person would commit an offence while on bail.(7)
The condition in this subsection is that—
(a)
having been released on bail in or in connection with the
proceedings, the person has been arrested in pursuance of section 7, and(b)
the court is satisfied that without the electronic monitoring
requirements there are substantial grounds for believing that the person would—(i)
fail to surrender to custody,
(ii)
commit an offence while on bail, or
(iii)
interfere with witnesses or otherwise obstruct the course
of justice in relation to the person or another person.(8)
The condition in this subsection is that the court is satisfied that
without the electronic monitoring requirements the person would not be granted bail.(9)
The condition in this subsection is that the court is satisfied that the
necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.(10)
An offence mentioned in Schedule 2 to the Magistrates’ Courts Act
1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—(a)
a determination has been made under section 22(2) of that Act
(certain either way offences to be tried summarily if value involved is less than relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section, or(b)
a determination has been made under section 9A(4) of this Act
to the same effect,is, for the purposes of this section, to be regarded as a summary offence.”
In section 3AB (conditions for imposition of electronic monitoring requirements
in relation to other persons), in subsection (1), after “eighteen” insert “and in
relation to whom section
3AAB
does not apply”.
In section 3AC (electronic monitoring: general provisions), in subsections (7)
and (8), after “3AAA” insert “,
3AAB
”.
Schedule 1 (exceptions to general right to bail) is amended as follows.
In Part 1—
in paragraph 1A(1)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in paragraph (c), after “custodial sentence” insert “, other than
a suspended sentence,”;
“(ba)
the fact (where it is the case) that the defendant—
(i)
is pregnant,
(ii)
is the primary carer for another person, or
(iii)
has been the victim of an offence which involved
behaviour by the offender amounting to domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021,”.
In Part 1A, in paragraph 1A(1)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in paragraph (c), after “custodial sentence” insert “, other than a
suspended sentence,”.
In section 38(1) of the UK Borders Act 2007 (meaning of “period of
imprisonment” for purposes of condition 1 in definition of “foreign criminal”),
omit paragraph (a).
In section 117D(4) of the Nationality, Immigration and Asylum Act 2002
(meaning of “period of imprisonment” for purposes of definition of “foreign
criminal”), omit paragraph (a).
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under subsection
(1)
may, in particular, amend, repeal or revoke
any enactment passed or made before, or in the same Session as, this Act.
In subsection (2) “enactment” includes—
an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act
of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure
or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under, Northern
Ireland legislation.
The power to make regulations under subsection (1) includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
Regulations under subsection (1) are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision)
regulations under subsection
(1)
which amend, repeal or revoke primary
legislation may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
section 18 ;
this Part.
The other provisions of this Act extend to England and Wales only.
Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent
outside the United Kingdom) apply to the armed forces provisions as those
subsections apply to the provisions of that Act.
The following are “armed forces provisions”—
a provision made, or inserted, by or under this Act so far as it is
applied (by whatever words) by or under the Armed Forces Act 2006;
an amendment, modification or repeal made by or under this Act of—
a provision of or made under the Armed Forces Act 2006,
a provision that amends, modifies or repeals a provision of, or
made under, that Act, or
any other provision, so far as the provision is applied (by
whatever words) by or under that Act.
Different days may be appointed for different purposes or areas.
The following provisions come into force on the day on which this Act is
passed—
this Part;
any other provision of this Act (including provision modifying other
legislation) so far as it confers power to make regulations or an order
or is otherwise necessary for enabling the exercise of such a power
on or after the day on which this Act is passed.
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection
(5)
includes power to make
different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Sentencing Act 2026.
The Armed Forces Act 2006 is amended as follows.
In section 200(1) (application of provisions in the Sentencing Code about
suspended sentence orders)—
“(aa)
section 264A (presumption of suspended sentence
order: offender under 21);”;
“(ba)
section 277A (presumption of suspended sentence
order: person aged 21 or over);”.
“200ZB Modifications of sections 264A and 277A of the Sentencing Code
(1)
Section 264A of the Sentencing Code (presumption of suspended
sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—(a)
in subsection (3) , after paragraph (d) there were inserted—“(da)
the offender is deemed to have served the
whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,(b)
in subsection (5) , the reference to section 30 of the Sentencing
Code were to section 256 of this Act, and(c)
in subsection (7) , before the definition of “order of a court”
there were inserted—““
custodial period” means the period of a custodial
sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.(2)
Section 277A of the Sentencing Code (presumption of suspended
sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—(a)
in subsection (3) , after paragraph (d) there were inserted—“(da)
the offender is deemed to have served the
whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,(b)
in subsection (6) , the reference to section 30 of the Sentencing
Code were to section 256 of this Act, and(c)
in subsection (8) , before the definition of “order of a court”
there were inserted—““
custodial period” means the period of a custodial
sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.
In Schedule 22 to the Sentencing Act 2020 (amendments of the Sentencing In section
277A
(presumption of suspended sentence order: person in the heading, for “person aged 21 or over” substitute
Code etc), after paragraph 54 insert—
“54A
aged 21 or over)—
(b)
“adults”.”
In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms
part of the law of Scotland (disclosure periods for particular sentences),
for “(terrorism sentence for young offenders or children)” substitute
“(sentence with fixed licence period for young offenders or children)”.
In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the
management of prisons and other institutions), after “terrorism” insert “or
national security-related”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended
as follows.
In section 1(9) (release of short-term, long-term and life prisoners)—
the words from “in respect of an offence” to the end of the
subsection become paragraph (a);
“, or
(b)
under section 205ZC of the 1995 Act in respect of an
offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”
In section 1AB (restricted eligibility for release on licence of terrorist
prisoners)—
in the heading, at the end insert “and other prisoners serving a
sentence imposed under section 205ZC of the 1995 Act”;
“(2B)
This section also applies to a prisoner other than a life
prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;
in subsection (3), for “case of a terrorist prisoner” substitute
“prisoner’s case”;
in subsections (4) and (5), omit “terrorist”.
In section 1B (prisoners serving consecutive sentences including at least
one terrorism sentence)—
in the heading, after “terrorism” insert “or national security-related”;
in subsection (1), for paragraph (b) (but not the “and” at the end of one or more of the sentences (the “terrorism or in respect of an offence within section 1AB(2), under section 205ZC of the 1995 Act in respect
that paragraph) substitute—
“(b)
national security-related sentence”) was imposed—
(i)
or
(ii)
of an offence listed in Part 2 of Schedule 5ZB
to that Act (offences involving or connected
with a threat to national security),”;
in subsection (2)—
after “terrorism”, in both places it occurs, insert “or national
security-related”;
for “imposed in respect of an offence that is not within
section 1AB(2) (a “non-terrorism sentence”),” substitute “that
is not a terrorism or national security-related sentence,”;
for “the non-terrorism” substitute “that other”;
in subsection (3)—
after “terrorism” insert “or national security-related”;
for “non-terrorism” substitute “other”;
in subsections (4) to (7), (9), (10) and (13)—
after “terrorism”, in each place it occurs, insert “or national
security-related”;
for “non-terrorism”, in each place it occurs, substitute
“sentence that is not a terrorism or national security-related”.
In section 2 (duty to release discretionary life prisoners)—
in subsection (6), after “(6B)” insert “, (6C) ”;
“(6C)
No requirement may be made under subsection (6) by a life
prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;
in subsection (7), after “(6B)” insert “or (6C) ”.
In section 3A (re-release of prisoners serving certain terrorism sentences
and extended sentences)—
in the heading, for “certain terrorism sentences” substitute “serious
terrorism sentences, sentences with a fixed licence period”;
in subsection (1ZA)(b), omit “terrorism”.
In section 3C(6) (prisoners not to be released early by virtue of regulations
under section 3C)—
“(ca)
serving a sentence of imprisonment imposed under
section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;
in paragraph (d), after “terrorism” insert “or national
security-related”.
In the italic cross heading before section 26ZA, after “terrorism” insert “and
national security-related”.
In section 26ZA (terrorism sentences)—
in the heading, after “terrorism” insert “and national
security-related”;
“(1)
This section applies to a person (“the prisoner”) who—
(a)
is not a life prisoner, and
(b)
is serving a terrorism or national security-related
sentence.”;
in subsection (2)—
in the words before paragraph (a), after “terrorism” insert
“or national security-related”;
in paragraph (b), omit “terrorism”;
in subsection (3), after “terrorism”, in both places it occurs, insert
“or national security-related”;
in subsections (4) and (5), for “a terrorist” substitute “the”;
in subsection (7)—
for “a terrorist” substitute “the”;
after “terrorism” insert “or national security-related”;
in subsection (8)(b), omit “terrorism”;
in subsection (9)—
for “a terrorist” substitute “the”;
after “terrorism” insert “or national security-related”;
in subsection (10), after “terrorism”, in both places it occurs, insert
“or national security-related”;
in subsection (11), in the definition of “appropriate custodial term”,
in the words before paragraph (a)—
after “terrorism” insert “or national security-related”;
omit “terrorist”;
in subsection (11), in the definition of “extension period”, in
paragraphs (a), (b) and (c), omit “terrorist”.
In section 27 (interpretation of Part 1)—
in subsection (5), for “subsection (5A)” substitute “subsections (5A)
and
(5AA)
”;
“(5AA)
Nor does subsection (5) apply in relation to a sentence (a
“national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;
in subsection (5B)—
for “an offence within section 1AB(2)”, in the first place it
appears, substitute “a sentence passed on a person in respect
of an offence within section 1AB(2) or a national
security-related sentence”;
after “1AB(2)”, in the second place it appears, insert “or a
national security-related sentence”.
In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2
(application of early release provisions) as it applies in relation to prisoners
repatriated to Scotland is amended as follows.
“(3E)
If sub-paragraph (3F) , (3G) or (3H) applies by virtue of an offence
in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).(3F)
This sub-paragraph applies if the warrant specifies that the offence
or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11 , or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11 , of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023).(3G)
This sub-paragraph applies if the warrant specifies that—
(a)
the offence or any of the offences in relation to which a
sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),(b)
the overseas offence was committed on or after the day
on which section 16 of the National Security Act 2023 came into force,(c)
the corresponding offence—
(i)
is a “relevant electoral offence” within the meaning
of that section, and(ii)
is punishable on indictment with imprisonment
for more than 2 years, and(d)
findings made by the court before which the prisoner was
tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.(3H)
This sub-paragraph applies if the warrant specifies that—
(a)
the offence or any of the offences in relation to which a
sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),(b)
the overseas offence was committed on or after the day
on which section 21 of the National Security Act 2023 came into force,(c)
the corresponding offence—
(i)
is not an offence mentioned in subsection (6) of
that section, and(ii)
is punishable on indictment with imprisonment
for more than 2 years, and(d)
findings made by the court before which the prisoner was
tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.(3I)
In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal
Proceedings (Scotland) Act 1993”.
The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1))
is amended as follows.
In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A
terrorism sentence” omit “terrorism”.
In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism
sentence” substitute “Article 15A sentence”.
In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain
other”.
In the italic heading before Article 20A, at the end insert “and other
prisoners serving an Article 15A sentence”.
In Article 20A (restricted eligibility for release on licence of terrorist
prisoners)—
in the heading, after “prisoners” insert “and other prisoners serving
an Article 15A sentence”;
“(2AB)
This Article also applies to a fixed-term prisoner who is
serving an Article 15A sentence imposed in respect of an offence which is specified in Schedule 2B (offences involving or connected with a threat to national security).”;
in paragraphs (3), (4), (5) and (7) omit “terrorist”;
in paragraph (8)—
omit “terrorist” in both places it occurs;
for “Article 15A terrorism sentence” substitute “Article 15A
sentence”;
in paragraph (9)—
in the definition of “appropriate custodial term”, for “Article
15A terrorism sentence” substitute “Article 15A sentence”;
in the definition of “relevant part of the sentence”, for
“Article 15A terrorism sentence” substitute “Article 15A
sentence”.
In Article 33(6) (custodial periods to be aggregated in case of consecutive
sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence”
substitute “Article 15A sentence”.
In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 If sub-paragraph
(4F)
,
(4G)
or
(4H)
applies by virtue of an offence This sub-paragraph applies if the warrant specifies that the offence This sub-paragraph applies if the warrant specifies that— the offence or any of the offences in relation to which a the overseas offence was committed on or after the day the corresponding offence— is a “relevant electoral offence” within the meaning is punishable on indictment with imprisonment findings made by the court before which the prisoner was This sub-paragraph applies if the warrant specifies that— the offence or any of the offences in relation to which a the overseas offence was committed on or after the day the corresponding offence— is not an offence mentioned in subsection (2) of is punishable on indictment with imprisonment findings made by the court before which the prisoner was
(application of early release provisions to prisoners repatriated to Northern
Ireland), after sub-paragraph (4D) insert—
“(4E)
in relation to which a determinate sentence is to be served,
Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland)
Order 2008 applies to the prisoner as if the prisoner were serving
a sentence imposed under Article 15A of the Order in respect of
an offence specified in
Schedule 2B
to the Order (sentence with
a fixed licence period imposed in respect of an offence involving
or connected with a threat to national security).
(4F)
or any of the offences in relation to which a sentence is to be
served corresponds to an offence specified in any of paragraphs
1
to
3
, or paragraph
5
in a case where the ancillary offence relates
to an offence specified in any of paragraphs
1
to
3
, of
Schedule
2B
to the Criminal Justice (Northern Ireland) Order 2008 (certain
offences under the Official Secrets Acts or the National Security
Act 2023).
(4G)
(a)
sentence is to be served (“the overseas offence”)
corresponds to an offence under the law of Northern
Ireland (“the corresponding offence”),
(b)
on which section 16 of the National Security Act 2023
came into force,
(c)
(i)
of that section, and
(ii)
for more than 2 years, and
(d)
tried or sentenced for the overseas offence would, had the
prisoner been tried and sentenced in Northern Ireland for
the corresponding offence, have justified a determination
under that section that the foreign power condition is met
in relation to the conduct that constitutes the offence.
(4H)
(a)
sentence is to be served (“the overseas offence”)
corresponds to an offence under the law of Northern
Ireland (“the corresponding offence”),
(b)
on which section 20 of the National Security Act 2023
came into force,
(c)
(i)
that section, and
(ii)
for more than 2 years, and
(d)
tried or sentenced for the overseas offence would, had the
prisoner been tried and sentenced in Northern Ireland for
the corresponding offence, have justified a determination
under that section that the foreign power condition is met
in relation to the conduct that constitutes the offence.
(4I)
In subsection (1)(b) (before its substitution by paragraph 6(a)(ii) of Schedule
8 to the Counter-Terrorism and Sentencing Act 2021), after “listed in” insert
“Part 1 or 2 of”.
In subsection (1)(b) (after its substitution by paragraph 6(a)(ii) of Schedule
8 to the Counter-Terrorism and Sentencing Act 2021), in sub-paragraph (i),
after “listed in” insert “Part 1 or 2 of”.
In subsection (1A) (as inserted by paragraph 8(4) of Schedule 8 to the
Counter-Terrorism and Sentencing Act 2021), for the words before paragraph
(a), substitute “But nothing in subsection (1) results in this section applying
if—”.
“(1B)
This section also applies where—
(a)
(b)
the offence—
(i)
is an offence under section 42 (criminal conduct) as
respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or(ii)
is an offence, other than one for which the sentence
is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7) of this Act) that the foreign power condition is met in relation to the conduct that constitutes the offence,(c)
the court does not impose one of the following for the
offence—(i)
a sentence of imprisonment or custody for life, or
(ii)
an extended sentence of detention or imprisonment
under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act), and(d)
if the person was aged under 18 when the offence was
committed, the offence was committed on or after the relevant day.”
On the coming into force of paragraph 2 of Schedule 8 to the
Counter-Terrorism and Sentencing Act 2021, in subsection
(1B)
of section
224A (as inserted by paragraph
5
of this Schedule), in paragraph
(c)
—
omit the “or” at the end of sub-paragraph (i) ;
“
or
(iii)
a serious terrorism sentence of detention or
imprisonment under section 268A or 282A of the Sentencing Code (as applied by section 219ZA of this Act),”.
In subsection (3A) (as inserted by paragraph 41(9)(b) of Schedule 13 to the
Counter-Terrorism and Sentencing Act 2021), after “subsection (1A)” insert
“or
(1B)
”.
In the heading, for “terrorist” substitute “certain”.
“(1A)
Subsections (3) and (4) also apply where—
(a)
(b)
the offence—
(i)
is an offence under section 42 (criminal conduct) as
respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or(ii)
is an offence, other than one for which the sentence
is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7)) that the foreign power condition is met in relation to the conduct that constitutes the offence,(c)
the court does not impose either of the following for the
offence (or for an offence associated with it)—(i)
a sentence of detention for life under section 209, or
(ii)
an extended sentence of detention under section 254
of the Sentencing Code (as applied by section 221A of this Act), and(d)
the court would, apart from this section, impose a custodial
sentence (see, in particular, section 260(2)).”
In subsection (5), after “subsection (1)” insert “or (1A) ”.
In paragraph 15 of Schedule 26 to the Sentencing Act 2020 (amendment of
section 224A of the Armed Forces Act 2006 in relation to prospective
abolition of sentences of detention in a young offender institution), after
sub-paragraph (a) insert—
“(aa)
(ab)
This is the Schedule to be inserted in the Criminal Justice Act 2003 after Schedule
19ZA— An offence under
section 7
of the
Official Secrets Act 1911
(harbouring An offence under the
Official Secrets Act 1989
other than an offence under An offence under any of the following provisions of the
Terrorism Act
section 13
(uniform and publication of images);
section 21D
(tipping off: regulated sector);
section 36
(2)
(failure to comply with an order, etc of constable in
section 51
(2)
(failure to move a vehicle when required to do so);
section 116
(3)
(failure to stop a vehicle when required to do so);
section 120B
(offences in relation to counter-terrorism financial in
Schedule 5
(terrorist investigations: information)—
paragraph 3
(7)
(wilfully obstructing a search of a cordoned
paragraph 14
(making a false or misleading statement in
paragraph 15
(4)
(wilfully obstructing an urgent search);
paragraph 16
(3)
(failure to comply with an urgent
paragraph 32
(3)
(failure to comply with an urgent in
Schedule 5A
(terrorist financing investigations: disclosure
paragraph 11
(failure to comply with disclosure order or
paragraph 21
(failure to comply with disclosure order or
paragraph 1
(3)
of
Schedule 6
(failure to comply with requirement
paragraph 18
of
Schedule 7
(port and border controls: failure to An offence under any of the following provisions of the
Counter-Terrorism
paragraph 15
of
Schedule 5
(breach of foreign travel restriction in
Schedule 7
(terrorist financing and money laundering)—
paragraph 30
(failure to comply with requirement imposed
paragraph 30A
(circumvention of requirement imposed by
paragraph 31
(offences in connection with licences). An offence under
paragraph 15
of
Schedule 1
to the
Counter-Terrorism An offence under
paragraph 23
of
Schedule 3
to the
Counter-Terrorism An offence under any of the following provisions of the
National Security
section 11
(4)
(failure to comply with police cordon);
section 69
(5)
(requirement to register foreign influence arrangements);
section 71
(2)
or
(3)
(carrying out political influence activities pursuant
section 72
(6)
(failure to register political influence activities of foreign
section 74
(8)
committed in relation to a foreign influence
section 75
(8)
committed in relation to an information notice given
section 77
(3)
or
(4)
(providing false information);
section 78
(2)
(carrying out activities under arrangements tainted by in
Schedule 2
(powers of entry, search and seizure)—
paragraph 11
(1)
(providing false or misleading response to
paragraph 12
(5)
(wilfully obstructing an urgent search);
paragraph 14
(3)
(failure to comply with an urgent notice); in
Schedule 3
(disclosure orders)—
paragraph 7
(1)
(failure to comply with a disclosure order);
paragraph 7
(3)
(making a false or misleading statement in
paragraph 6
(1)
of
Schedule 4
(failure to comply with a customer An offence in relation to which, under section 20 of the National Security An offence to which section 21 of that Act applies (aggravating factor where An attempt to commit an offence specified in a preceding paragraph of Conspiracy to commit a listed offence. An offence under
Part 2
of the
Serious Crime Act 2007
in relation to which Incitement to commit a listed offence. Aiding, abetting, counselling or procuring the commission of a listed offence. A reference in any of the preceding paragraphs of this Schedule to an a reference to an offence under
section 70
of the
Army Act 1955
or
section 70
of the
Air Force Act 1955
as respects which the a reference to an offence under
section 42
of the
Naval Discipline a reference to an offence under
section 42
of the
Armed Forces Act Section 48 of the Armed Forces Act 2006 (attempts etc. outside England
“Schedule 19ZB
Offences where offender not eligible for release at the end of the section
255BA automatic release period
Official Secrets Act 1911
1
spies).
Official Secrets Act 1989
2
section 8(1), (4) or (5).
Terrorism Act 2000
3
2000
—
(a)
(b)
(c)
connection with terrorist investigation);
(d)
(e)
(f)
investigators);
(g)
(i)
area);
(ii)
connection with a terrorist investigation);
(iii)
(iv)
explanation notice: England and Wales and Northern
Ireland);
(v)
explanation notice: Scotland);
(h)
orders)—
(i)
making false or misleading statement in purported
compliance: England and Wales and Northern Ireland);
(ii)
making false or misleading statement in purported
compliance: Scotland);
(i)
to provide financial information);
(j)
comply with duty, etc).
Counter-Terrorism Act 2008
4
Act 2008
—
(a)
order);
(b)
(i)
by direction);
(ii)
direction);
(iii)
Counter-Terrorism and Security Act 2015
5
and Security Act 2015
(failure to hand over travel documents or hindering
a search).
Counter-Terrorism and Border Security Act 2019
6
and Border Security Act 2019
(failure to comply with a duty relating to
border security or obstructing a search).
National Security Act 2023
7
Act 2023
—
(c)
(d)
(e)
to unregistered foreign influence arrangement);
(f)
powers);
(g)
arrangement registered under section 69 or a political influence
activity registered under section 72 (failure to submit material change
in relation to foreign influence arrangement or political influence
activity registrations);
(h)
under section 75(2) (failure to comply with a requirement to provide
information);
(i)
(j)
false information);
(k)
(i)
an order requiring explanation of material);
(ii)
(iii)
(l)
(i)
(ii)
response to a disclosure order);
(m)
information order).
Acting for foreign power
8
Act 2023 (aggravating factor where foreign power condition met: Northern
Ireland), the foreign power condition has been determined to have been
met in relation to the conduct that constituted the offence.
9
foreign power condition met: Scotland).
Inchoate offences
10
this Schedule (“a listed offence”).
11
12
a listed offence is the offence (or one of the offences) which the person
intended or believed would be committed.
13
14
Service offences
15
(1)
offence (“offence A”) includes—
(a)
corresponding civil offence (within the meaning of
that Act
) is
offence A,
(b)
Act 1957
as respects which the civil offence (within the meaning
given by
that section
) is offence A, and
(c)
2006
as respects which the corresponding offence under the law of
England and Wales (within the meaning given by
that section
) is
offence A.
(2)
and Wales) applies for the purposes of paragraph
(c)
of sub-paragraph
(1)
as if the reference in subsection (3)(b) to any of the following provisions
of
that Act
were a reference to
that paragraph
.”
Schedule 1
to the
Crime (Sentences) Act 1997
(transfer of prisoners within
the British Islands) is amended as follows.
Paragraph 6 (effect of transfer) is amended as follows.
In
sub-paragraph (2)
(b)
, for “, possible recall following release and any
supervision default order” substitute “and possible recall following release”.
In
sub-paragraph (2)
(c)
, for “, possible recall and any supervision default
order” substitute “and possible recall”.
In sub-paragraph (3) , omit paragraph (c) .
In sub-paragraph (4) , omit the definition of “supervision default order”.
Paragraph 8
(restricted transfers from England and Wales to Scotland) is
amended as follows.
In sub-paragraph (2) (a) —
omit “19A,”;
for “, 242 and 247” substitute “and 242”.
In sub-paragraph (4) (a) —
omit “19A,”;
for “sections 242 and 247” substitute “section 242”.
In sub-paragraph (8) —
omit
paragraphs (b)
and
(c)
(and the “and” at the end of paragraph
(b));
in the words after
paragraph (c)
, for “paragraphs 8A, 19A and 19B”
substitute “paragraph 19A”.
In sub-paragraph (9) —
in
paragraph (a)
, for “256AA to 256E of, and Schedule 19A to,”
substitute “256B to 256E of”;
omit
paragraphs (b)
and
(c)
(and the “and” at the end of paragraph
(b)).
In the Table in sub-paragraph (10), omit the entry for “Young offender
institution”.
Omit sub-paragraphs (11) and (12) .
Omit
paragraph 8A
(further provision about supervision default orders)
and the italic heading before it.
Paragraph 9
(restricted transfers from England and Wales to Northern
Ireland) is amended as follows.
In sub-paragraph (2) (a) , for “, 242 and 247” substitute “and 242”.
In sub-paragraph (4) (a) , for “sections 242 and 247” substitute “section 242”.
Omit sub-paragraphs (9) to (12) .
Omit
paragraph 19B
(electronic monitoring in Scotland of requirements in
supervision default order) and the italic heading before it.
In paragraph 20 (1) (interpretation), in the definition of “supervision”, omit paragraph (d) (but not the “or” at the end of it).
In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth
justice services”)—
omit paragraph (ha);
omit paragraph (ib).
The Criminal Justice Act 2003 is amended as follows.
In section 256D (drug testing requirements), in subsections (1) and (2), for
“this Chapter” substitute “section 256B”.
In section 256E (drug appointment requirements), in subsections (1) and
(2), for “this Chapter” substitute “section 256B”.
In section 264 (consecutive terms)—
in subsection (3C) , omit paragraph (b) ;
omit subsection (3D) .
In section 268 (interpretation)—
in subsection (1)—
omit the definition of “offender subject to supervision under
this Chapter”;
omit the definition of “supervision default order”;
omit the definition of “the supervision period”;
in the definition of “the supervisor”, omit
paragraph (a)
(and
the “and” at the end of that paragraph);
in subsection (2), omit “256AA(1),”.
In
section 302
(execution of process between England and Wales and
Scotland)—
omit “section 256AC(1) or (3),”;
omit “paragraph 8(1) or 10(5) of Schedule 19A,” (and the “or” that
appears before those words).
In section 330 (5) (a) (orders subject to affirmative procedure)—
omit “section 256AB(4),”;
omit “paragraph 6 of Schedule 19A,”.
In
Schedule 20B
(modifications of Chapter 6 of Part 12 in certain transitional
cases)—
in paragraph 22 , omit sub-paragraph (3A) ;
in paragraph 33 , omit sub-paragraph (4) .
In
section 4
(3)
of the
Offender Management Act 2007
(restriction on
arrangements for the provision of probation services)—
at the end of paragraph (a) insert “or”;
omit paragraph (c) (and the “or” before it).
The Sentencing Code is amended as follows.
In section 45 (occasions where criminal courts charge duty arises), omit
paragraph (c).
In section 46(2) (criminal courts charge duty), in the definition of “relevant
failure”—
at the end of paragraph (a), insert “or”;
omit paragraph (c) (and the “or” before it).
In section 238(3) (offender subject to more than one order), omit “and 247”.
In section 248(2) (interpretation), for “, 242 and 247” substitute “and 242”.
The Offender Rehabilitation Act 2014 is amended as follows.
In section 2 , omit subsections (2) and (4) (a) .
Omit section 3 .
In section 5 , omit subsections (6) to (8).
In Schedule 1 , omit Part 1 .
Omit Schedule 2 .
In Schedule 3 , omit—
paragraph 2(2), (3) and (5);
in paragraph 23 (4) —
the definition of “offender subject to supervision under this
Chapter”;
the definition of “supervision default order”;
the definition of “the supervision period”;
The Criminal Justice and Courts Act 2015 is amended as follows.
In Schedule 1 , omit paragraph 18 .
In Schedule 12 , omit paragraph 14 .
Schedule 24 to the Sentencing Act 2020 is amended as follows.
In paragraph 149 , omit—
sub-paragraph (3) (d) to (f) ;
In paragraph 154 —
omit paragraph (c) ;
omit paragraph (e) .
Omit paragraphs 229 to 231 .
Omit paragraph 248 .
In paragraph 262 , omit paragraph (c) .
In the Terrorist Offenders (Restriction of Early Release) Act 2020 , omit section 7 (3) .
In the Police, Crime, Sentencing and Courts Act 2022 , omit section 150 (8) .
A
bill
to
Make provision about the sentencing, release and management after sentencing of offenders; to make provision about bail; to make provision about the removal from the United Kingdom of foreign criminals; and for connected purposes.
Brought from the Commons on
Ordered to be Printed, .
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