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Sentencing Act 2026

Type Public General Act

Publication 2026-01-22

Last updated 2026-03-31

State In force

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restriction zone requirement	Part 4D	section 207(D1)

(3) In section 207 (availability of community order requirements), after subsection (C1) (inserted by section 16 (3)) insert—

(D1) A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17 (3) of the Sentencing Act 2026 came into force.

(4) In section 212(3) (persons to whom partial copy of community order must be provided) in the table, before the entry relating to an exclusion requirement insert—

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

(5) In section 287 (community requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16 (4)), insert—

restriction zone requirement	Part 4D	section 291(D1)

(6) In section 291 (availability of community requirements), after subsection (C1) (inserted by section 16 (5)) insert—

(D1) A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17 (6) of the Sentencing Act 2026 came into force.

(7) In section 298(3) (persons to whom partial copy of suspended sentence order must be provided) in the table, before the entry relating to an exclusion requirement insert—

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

(8) In Schedule 9 (community orders and suspended sentence orders: requirements)—

(a) after Part 4C (inserted by section 16 (6)) insert—

(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.

;

(b) in paragraph 34 (restriction on imposing an electronic compliance monitoring requirement)—

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

(ii) after sub-paragraph (1) insert—

(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.

(9) In paragraph 27(4) of Schedule 10 (persons to whom partial copy of amending order must be provided) in the table, before the entry relating to an exclusion requirement insert—

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

(10) In paragraph 17(3) of Schedule 11 (persons to whom partial copy of community order or amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

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

(11) In paragraph 28(4) of Schedule 16 (persons to whom partial copy of amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

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

(12) In paragraph 13(5) of Schedule 17 (persons to whom partial copy of transferring order must be provided), in the table, before the entry relating to an exclusion requirement insert—

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

(13) The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).

(14) 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);”.

(15) In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—

(a) in subsection (1), for “(5)” substitute “(5A)”;

(b) after subsection (5) insert—

(5A) Paragraph 8D of Schedule 9 (restriction zone requirement) has effect as if sub-paragraph (6) were omitted.

Power to add or alter requirements

18

(1) The Sentencing Act 2020 is amended as follows.

(2) In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—

(iia) paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders),

(3) Section 407 extends to Scotland (as well as to England and Wales and Northern Ireland).

(4) In section 414 (extent)—

(a) in subsection (3)(c), after “rules)” insert “(but see subsection (7))”;

(b) after subsection (6) insert—

(7) See also sections 18 (3) and 48 (2)(a) of the Sentencing Act 2026 (extent of section 407 and paragraph 13A of Schedule 23).

(5) In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—

(13A) (1) The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to— (a) add a relevant requirement; (b) make provision about a relevant requirement added pursuant to paragraph (a); (c) alter provision about a relevant requirement that applies for the time being. (2) In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order. (3) Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1). 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. (4) Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force. (5) Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person. (6) Regulations under this paragraph are subject to the affirmative resolution procedure.

Sentencing Council for England and Wales

Sentencing Council business plan

19

After section 118 of the Coroners and Justice Act 2009 insert—

(118A) (1) As soon as practicable after the beginning of each financial year, the Council must submit a business plan for the year to the Lord Chancellor for approval. (2) The business plan for a financial year must set out— (a) the matters about which the Council proposes to prepare sentencing guidelines in the year, and (b) the other activities it proposes to undertake in the year. (3) As soon as practicable after receiving a business plan submitted under subsection (1), the Lord Chancellor must consider the plan and decide whether to approve it. (4) If the Lord Chancellor approves the business plan for a financial year— (a) the Lord Chancellor must notify the Council, and (b) the Council must publish the plan once it has been so notified. (5) If the Lord Chancellor decides not to approve the business plan for a financial year, the Lord Chancellor must— (a) notify the Council, and (b) as soon as practicable after doing so, lay before Parliament a document stating the reason for the decision.

Sentencing guidelines

20

(1) The Coroners and Justice Act 2009 is amended as follows.

(2) In section 120 (sentencing guidelines)—

(a) in subsection (7), after “appropriate” insert

— (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

;

(b) in subsection (8), for “such amendments” substitute

any amendments of the draft guidelines which it considers appropriate— (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

;

(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.

;

(d) in subsection (10), after “and (8)” insert “to (8C)”.

(3) In section 122 (allocation guidelines)—

(a) in subsection (5), after “appropriate” insert

— (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

;

(b) after subsection (5) insert—

(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.

;

Prison capacity report

Annual report relating to prison capacity

21

(1) The Secretary of State must, for each year, prepare and lay before Parliament a report relating to prison capacity.

(2) The report for a year—

(a) must include information about—

(i) the number of people in prison and the number of prison places on a particular date or dates in that year, and

(ii) projected changes in the number of people in prison and the number of prison places, and

(b) may include any other information that the Secretary of State considers appropriate.

(3) The Secretary of State must publish the report after it has been laid before Parliament.

(4) “Prison” does not include a naval, military or air force prison.

(5) In the Prison Act 1952—

(a) omit section 5 (annual report on prisons);

(b) 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,”.

Court transcripts

Provision of transcripts of sentencing remarks to victims

22

(1) Subsection (2) applies if a victim (“V”) requests the Secretary of State to supply V with a transcript of sentencing remarks that are relevant to V.

(2) The Secretary of State must supply the transcript to V, or arrange for the transcript to be supplied to V—

(a) free of charge, and

(b) before the end of the period specified in regulations made by the Secretary of State.

This is subject to regulations under subsection (3) and Criminal Procedure Rules under subsection (5).

(3) The Secretary of State may by regulations—

(a) make provision about how a request under subsection (1) is to be made;

(b) make provision about the information to be provided in making such a request;

(d) provide that, in circumstances specified in the regulations, a transcript must be provided with the omission of information so specified;

(e) make further provision about the supply of a transcript under subsection (2).

(4) Regulations under subsection (3) may, in particular—

(a) confer a function (including the exercise of a discretion) on the Secretary of State or another person or description of person;

(b) make provision which refers to Criminal Procedure Rules (including as amended or replaced from time to time).

(5) Criminal Procedure Rules may make provision about the supply of a transcript under subsection (2) (including any provision that may be made by regulations under subsection (3) or by virtue of subsection (4)(a)).

(6) A power to make regulations under this section includes power to make—

(a) supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes.

(7) Regulations under this section are to be made by statutory instrument.

(8) The Secretary of State must consult the Lord Chief Justice before making regulations under this section.

(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) In this section—

“sentencing remarks” means remarks made by a judge of the Crown Court in England and Wales when sentencing an offender for an offence;

“victim” has the meaning given by regulations made by the Secretary of State.

(11) The Secretary of State may by regulations make provision about the circumstances in which, for the purposes of this section, sentencing remarks are relevant to a victim.

Part 2 — Management of offenders after sentencing

Release

23

(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (9).

(2) In section 243A (duty to release certain prisoners serving less than 12 months)—

(a) in subsection (1)(b), for sub-paragraph (i) (but not the “and” at the end of that sub-paragraph) substitute—

(i) is serving a sentence under section 250 of the Sentencing Code which is for a term of more than 1 day but less than 12 months,

;

(b) in subsection (1A), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—

(a) the prisoner is serving a sentence under section 250 of the Sentencing Code which is for a term of more than 1 day but less than 12 months,

;

(a) in relation to a person serving one sentence imposed under section 250 of the Sentencing Code, one half of the sentence, (aa) in relation to a person serving one sentence of any other kind, one-third of the sentence,

;

(d) in subsection (4), omit paragraph (b) (and the “and” before it).

(3) In section 244(3) (requisite custodial period for prisoners not subject to special provision for release), for paragraph (a) substitute—

(a) in relation to a prisoner serving one sentence imposed under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code, one-half of the sentence, (aa) in relation to a prisoner serving one sentence of any other kind, one-third of the sentence,

(4) In section 244ZA(8) (requisite custodial period for certain violent or sexual offenders), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—

(a) in relation to a prisoner serving one sentence within subsection (4) or (5), one-half of the prisoner’s sentence, (aa) in relation to a prisoner serving one sentence within subsection (6), two-thirds of the prisoner’s sentence,

(5) 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)”.

(6) In section 256B(1A)(a) (supervision after release of certain young offenders serving less than 12 months) omit “or 262”.

(7) In section 264 (consecutive terms)—

(a) in subsection (2F)(a)(i), after “243A(1)” insert “or (1A)”;

(b) in subsection (6)—

(i) for paragraph (cb) (but not the “and” at the end of that paragraph) substitute—

(cb) in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (4) or (5) of that section, one-half of the sentence, (cc) in relation to a sentence in respect of which section 244ZA applies to the offender by virtue of subsection (6) of that section, two-thirds of the sentence, (cd) in relation to any sentence imposed under 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,

;

(ii) in paragraph (d), for “one-half” substitute “one-third”.

(8) In section 264B (consecutive terms: supplementary)—

(a) in subsection (1)(b), omit “of imprisonment”;

(b) in subsection (1)(c)—

(i) omit “of imprisonment”;

(ii) after “imposed”, in the first place it occurs, insert “under section 250 of the Sentencing Code”;

(iii) after “imposed”, in the second place it occurs, insert “(whether or not under section 250 of the Code)”;

(d) in subsection (3), for “custodial period” substitute “minimum custodial period”.

(9) In section 267 (alteration by order of relevant proportion of sentence)—

(a) after “section 243A(3)(a)” insert “or (aa)”;

(b) after “244(3)(a)” insert “or (aa), section 244ZA(8)(a) or (aa)”;

(10) The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844) is revoked.

(11) In consequence of the amendments made by this section—

(a) in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 6(3)(b);

(b) in the Offender Rehabilitation Act 2014, in Schedule 3, omit paragraph 18;

(d) in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331) omit articles 3 and 4.

(12) 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—

(a) is in custody or detention pursuant to the sentence, or

(b) is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.

(13) But subsection (12) does not have the effect that the amendments made by this section apply in relation to a sentence imposed before the day on which those amendments come into force if subsection (14) or (15) applies to the sentence.

(14) This subsection applies to a sentence if—

(a) it is a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (as inserted by section 7 (6) of this Act), and

(b) 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.

(15) This subsection applies to a sentence if—

(a) section 244 of the Criminal Justice Act 2003 applies in relation to the sentence,

(b) 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

(c) 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)—

(i) subsections (4)(c) and (5)(c) (date of sentence) were omitted;

(ii) subsections (4)(d)(ii) and (7)(b)(ii) (availability of life sentence at date of imposition of sentence) were omitted;

(iii) subsection (5)(a) also referred to a sentence under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000.

(16) If section 26 (limitation of provisions about home detention curfew) comes into force before or at the same time as this section, this section is to be read as if subsection (5) were omitted.

Release: consequential amendments relating to driving disqualification

24

(1) In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (4)—

(i) in paragraph (fc), for the words from “, a period” to the end of the paragraph substitute

— (i) where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence; (ii) where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;

;

(ii) after paragraph (fd) insert—

(fe) in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;

;

(iii) in paragraph (h), for “half” substitute “one-third of”;

(b) in subsection (8), after “244(3)(a)” insert “or (aa) or section 244ZA(8)(a) or (aa)”;

(i) before paragraph (a) insert—

(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;

;

(ii) in paragraph (a), for “243A(3)(a) or 244(3)(a)” substitute “244(3)(aa)”.

(2) The Armed Forces Act 2006 is amended in accordance with subsections (3) and (4).

(3) In section 177J (extension of disqualification where custodial sentence or service detention also imposed)—

(a) in subsection (5), in the table—

(i) before entry 1 insert—

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

;

(ii) in entry 10, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii) in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv) after entry 10 insert—

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

;

(v) in entry 14, in column 3, for “half” substitute “one-third of”;

(b) for subsection (8) substitute—

(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.

(4) In section 373 (orders, regulations and rules), in each of subsections (3)(d), (5) and (5A), for “177J(8)” substitute “177J(8A)”.

(5) In section 166 of the Sentencing Code (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (5), in the table—

(i) after entry 1 insert—

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

;

(ii) in entry 6B, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;

(iii) in that entry, in column 3, for “two-thirds” substitute “one-half”;

(iv) after entry 6B insert—

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

;

(v) in entry 8, in column 3, for “half” substitute “one-third of”;

(b) for subsection (7) substitute—

(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.

;

(d) in subsection (9), for “(7)” substitute “(7A)”.

(6) In consequence of the amendments made by this section—

(a) in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 1(b);

(b) in the Police, Crime, Sentencing and Courts Act 2022, in Schedule 21, omit paragraph 4.

(7) The amendments made by this section apply in relation to—

(a) 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,

(b) a driving disqualification order within the meaning of the Armed Forces Act 2006 which is made on or after that day, and

Release on licence of certain violent or sexual offenders: service offences

25

(1) Section 244ZA of the Criminal Justice Act 2003 (release on licence of certain violent or sexual offenders) is amended as follows.

(2) After subsection (8) insert—

(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.

(3) 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.

Limitation of provisions about home detention curfew

26

(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (5).

(2) In section 246 (power to release prisoners on licence before required to do so)—

(a) in the heading, after release insert “certain”;

(b) for subsection (1) substitute—

(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.

;

(d) in subsection (2), in the opening words, for “(1)(a)” substitute “(1)”;

(e) in subsection (4)(ac)—

(i) in sub-paragraph (i), for “244ZA(4)(c), (5)(c) and (6)(c)” substitute “244ZA(6)(c)”;

(ii) at the end of that sub-paragraph insert “and”;

(iii) omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph;

(f) omit subsection (4)(d);

(g) in subsection (4A)—

(i) omit paragraph (a) and the “and” at the end of that paragraph;

(ii) in paragraph (b), for “that Act” substitute “the Armed Forces Act 2006”;

(h) in subsection (5)(a), for “(1)(a)” substitute “(1)”;

(i) in subsection (6)—

(i) for the definition of “the requisite custodial period” substitute—

“the requisite custodial period”— means, for the purposes of subsection (4)(gb)(ii), the period mentioned in section 244(3)(a) (subject to sections 263 and 264); otherwise, in relation to a person serving any sentence, has the meaning given by paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) or (d) of section 244(3);

;

(ii) omit the definition of “term of imprisonment”.

(3) In section 255BA (automatic release: other offenders) (as inserted by section 32 (2))—

(a) 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.”;

(b) in subsection (10), for the words from “either or both” to the end of the subsection substitute “subsection (2) so as to alter the period for the time being specified in that subsection.”

(4) In section 255C(6) (prisoners excluded from automatic release), after “if P” insert “is a relevant young offender who”.

(5) In section 264AA(1A) (consecutive terms: detention and training orders), for “246(1)(a)” substitute “246(1)”;

(6) In consequence of the amendments made by this section—

(a) in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(i) omit section 112(6);

(ii) in Schedule 20, omit paragraph 5(3);

(b) in the Criminal Justice and Courts Act 2015, in Schedule 1, omit paragraph 7(3);

(d) the Criminal Justice Act 2003 (Home Detention Curfew) Order 2023 (S.I. 2023/390) is revoked;

(e) in the Victims and Prisoners Act 2024, omit section 68(2);

(f) in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), omit article 2.

(7) 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.

Licences

Licence conditions

27

(1) In section 64 of the Criminal Justice and Court Services Act 2000 (drug testing requirement)—

(a) in subsection (1)—

(i) at the end of paragraph (a) insert “, and”;

(ii) omit the “and” at the end of paragraph (b);

(iii) omit paragraph (c);

(b) omit subsection (1A);

(2) The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (7).

(3) In section 250 (licence conditions)—

(a) in subsection (4)(b)—

(i) before sub-paragraph (i) insert—

(ai) a driving prohibition condition (see section 250A),

;

(ii) after sub-paragraph (ai) (inserted by sub-paragraph (i) above) insert—

(bi) a public event attendance prohibition condition (see section 250B),

;

(iii) after sub-paragraph (bi) (inserted by sub-paragraph (ii) above) insert—

(ci) a drinking establishment entry prohibition condition (see section 250C),

;

(iv) after sub-paragraph (ci) (inserted by sub-paragraph (iii) above) insert—

(di) a restriction zone condition (see section 250D),

;

(b) after subsection (8) insert—

(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.

(4) After section 250 insert—

(250A) (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).

(5) After section 250A (inserted by subsection (4)) insert—

(250B) (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.

(6) After section 250B (inserted by subsection (5)) insert—

(250C) (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.

(7) After section 250C (inserted by subsection (6)) insert—

(250D) (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.

(8) In consequence of the provision made by subsection (1), in section 11(2) of the Offender Rehabilitation Act 2014 omit paragraphs (b) to (d).

(9) 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.

Licence conditions: offenders sentenced under repealed armed forces legislation

28

(1) The Criminal Justice and Court Services Act 2000 is amended as follows.

(2) In section 62 (release on licence etc: electronic monitoring conditions), in subsection (5)—

(a) 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,

;

(b) 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,

(3) In section 62A (release on licence etc: compulsory electronic monitoring conditions), in subsection (4)—

(a) 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),

;

(b) 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.

(4) In section 64 (release on licence etc: drug testing requirements), in subsection (5)—

(a) 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,

;

(b) 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,

(5) In section 64A (release on licence etc: drug appointments), in subsection (8), in the definition of “sentence of imprisonment”—

(a) 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”;

(b) 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”.

(6) 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.

Recall and further release

Power to make provision about recall to prison

29

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 254 (recall of prisoners while on licence), after subsection (6) insert—

(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.

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

section 254(6A),

Further release after recall: introductory

30

(1) The Criminal Justice Act 2003 is amended as follows.

(2) For section 255A substitute—

(255A) (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) subsections (3) to (6) apply to a person who is serving only one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000 (a “relevant young offender”); (b) subsections (7) and (8) apply to other persons. (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) For the purposes of subsection (4)(a)(iii), “serious offence” means— (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) the person is eligible for release at the end of the section 255BA automatic release period (see section 255BA(2) for the meaning of this period), and (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.

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

section 255A(10),

(4) 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).

(5) Omit Schedule 19AA (offences where offender not suitable for automatic release).

Further release after recall: relevant young offenders suitable for automatic release

31

(1) Section 255B of the Criminal Justice Act 2003 is amended as follows.

(2) In the heading, after “release” insert “: relevant young offenders”.

(3) For subsection (1) substitute—

(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— (a) the period described in subsection (1A)(a) or (b) (as appropriate); (b) the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.

(4) 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”.

(5) For subsection (10) substitute—

(10) Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).

(6) At the end insert—

(11) For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence. (12) In this section, “relevant young offender” has the same meaning as in section 255A.

Further release after recall: other offenders eligible for automatic release

32

(1) The Criminal Justice Act 2003 is amended as follows.

(2) After section 255B insert—

(255BA) (1) A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must— (a) on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and (b) at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)). (2) The “section 255BA automatic release period”, in relation to P, means— (a) if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody; (b) if P is recalled under section 254 while on licence under section 246, whichever of the following ends later— (i) the period of 56 days beginning with the day on which P returns to custody; (ii) the requisite custodial period which P would have served under section 243A or 244 but for the earlier release. (3) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. (4) The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period. (5) Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period. (6) The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied. (7) The first condition is that the Secretary of State believes on reasonable grounds that P would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences— (a) murder; (b) an offence listed in Schedule 18 to the Sentencing Code. (8) The second condition is that, after P is recalled, the Secretary of State receives information— (a) that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)), (b) that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act), (c) that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or (d) that P has been charged with an offence. (9) Where this subsection applies— (a) if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and (b) P is to be dealt with in accordance with section 255C (and accordingly not released under this section). (10) The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs. (11) For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

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

section 255BA(10),

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

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

Further release after recall: supplementary

33

(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (11).

(2) In section 237A(12)(b) (public protection decisions), for “not suitable for” substitute “excluded from”.

(3) In section 240ZA(6) (time remanded in custody to count as time served), after “255B(1)” insert “or 255BA(1)”.

(4) In section 240A(3B) (time remanded on bail to count as time served), after “255B(1)” insert “or 255BA(1)”.

(5) 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”.

(6) In section 244ZA(2) (release on licence of certain violent or sexual offenders), in paragraph (c), for “and” substitute “to”.

(7) In section 247A(7) (restricted eligibility for release on licence of terrorist prisoners), for “255B and” substitute “255A to”.

(8) In section 255C (prisoners excluded from automatic release)—

(a) in the heading, for “not suitable for automatic release” substitute “excluded from automatic release under section 255B or 255BA”;

(b) for subsection (1), substitute—

(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 (ii) who is not considered suitable for release at the end of the section 255B automatic release period (see sections 255A(4) and 255B(9)), or (b) who is not a relevant young offender and— (i) who is not a prisoner eligible for automatic release at the end of the section 255BA automatic release period (see section 255A(8)), or (ii) who the Secretary of State has determined should not be released at the end of the section 255BA automatic release period (see section 255BA(5)).

;

(9) In this section, “relevant young offender” has the same meaning as in section 255A.

(9) In section 256AZA(4) (release after recall where further sentence being served), after “255B,” insert “255BA,”.

(10) In section 256AZB(1) (power to change test for release following recall)—

(a) in paragraph (a), for “automatic release” substitute “release at the end of the section 255B automatic release period”;

(b) in paragraph (b), after “section 255B(2)” insert “, 255BA(3)”;

(ba) the test to be applied by the Secretary of State in determining under subsection (5) of section 255BA that a person should not be released at the end of the section 255BA automatic release period;

(11) In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—

(b) section 255C (prisoners excluded from automatic release) applied to them.

(12) In section 246(2C) of the Armed Forces Act 2006 (crediting of time in service custody), after “255B(1)” insert “or 255BA(1)”.

(13) In consequence of the amendments made by sections 30 to 32 and this section—

(a) in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 20 omit paragraph 7;

(b) in the Offender Rehabilitation Act 2014, omit section 9(4) and (5);

(d) in the Counter-Terrorism and Sentencing Act 2021, in Schedule 13 omit paragraph 9(6) and (7)(b);

(e) in the Police, Crime, Sentencing and Courts Act 2022, omit section 132(6) and (7);

(f) the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833) is revoked.

(14) 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—

(a) is in custody or detention, and

(b) is not being dealt with in accordance with section 255C (prisoners excluded from automatic release).

Removal of requirement for supervision after sentence

Repeal of provisions relating to supervision after end of sentence

34

(1) In the Criminal Justice Act 2003—

(a) for the italic heading before section 256AA, for “offenders” substitute “certain young offenders after release”;

(b) omit sections 256AA to 256AC (supervision after end of sentence of prisoners serving less than 2 years);

(2) In the Sentencing Code, omit section 247 (supervision after end of term of detention and training order).

(3) Schedule 5 makes provision which is consequential on subsections (1) and (2).

(4) Subject to subsection (5), the amendments made by this section and Schedule 5 have effect in relation to supervision requirements imposed on a person under section 256AA of the Criminal Justice Act 2003 before the day on which the amendments come into force.

(5) 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.

Early removal of prisoners liable to removal from the United Kingdom

Early removal of prisoners liable to removal from United Kingdom

35

(1) In section 260 of the Criminal Justice Act 2003 (early removal of prisoners liable to removal from United Kingdom)—

(a) in subsection (1) omit “after the prisoner has served the minimum pre-removal custodial period”;

(b) omit subsection (2);

(d) in subsection (9) omit from “and in such a case—” to the end of that subsection.

(2) In consequence of the amendments made by subsection (1)—

(a) in section 257(2) of the Criminal Justice Act 2003 (additional days for disciplinary offences)—

(i) at the end of paragraph (a) insert “and”;

(ii) omit paragraph (b) and the “and” at the end of that paragraph;

(b) in section 263 of that Act (concurrent terms), omit subsection (2A);

(d) in Schedule 20B to that Act (transitional provision), in paragraph 37(1)—

(i) in paragraph (b) omit “during the period mentioned in subsection (1) of that section”;

(ii) in the words after paragraph (b) omit “after the end of that period”;

(e) in section 47 of the Nationality and Borders Act 2022 (prisoners liable to removal from United Kingdom), omit subsections (8) and (10).

Community order requirements and community requirements

Removal of maximum period for unpaid work requirement

36

(1) The Sentencing Code is amended as follows—

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