Sentencing Act 2026

• (a) in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”: community order and suspended sentence order)—

• (i) in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

• (ii) omit sub-paragraph (2);

• (b) in Schedule 10, omit paragraph 21 and the italic heading before it;

• (c) in Schedule 16, omit paragraph 27 and the italic heading before it.

• (2) Schedule A1 to the Children Act 1989 is amended as follows—

• (a) in paragraph 3A (meaning of “unpaid work requirement”: enforcement order)—

• (i) in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

• (ii) in sub-paragraph (2), for “paragraphs 7 and 9” substitute “paragraph 9”;

• (iii) omit sub-paragraph (3);

• (b) omit paragraph 7 and the italic heading before it;

• (c) in paragraph 9 (breach of an enforcement order), in sub-paragraph (9) omit paragraph (b).

• (3) The amendments made by subsections (1) and (2) apply in relation to a community order, suspended sentence order or, as the case may be, an enforcement order whenever made.

• (4) In paragraph 3(4) of Schedule 19A to the Criminal Justice Act 2003 (modification of Sentencing Code in its application to supervision default orders), for paragraph (b), substitute—

(b) as if, in paragraph (b), after “the times” there were inserted “, before the end of the supervision period,”.

• (5) 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.

• (6) In consequence of the amendments made by subsection (2), in paragraph 112 of Schedule 24 to the Sentencing Act 2020—

• (a) omit sub-paragraph (4);

• (b) in sub-paragraph (6), omit paragraph (b).

Number of hours of work required by unpaid work requirement

37

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

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

• (a) for sub-paragraph (1) substitute—

(1) A relevant order imposing an unpaid work requirement must specify the number of hours that the offender may be required to work under the requirement subject to any reduction under paragraph 3A. (1A) The number of hours which may be specified in the order must, in aggregate, be— (a) not less than 40, and (b) not more than 300.

;

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

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

• (3) After paragraph 3 insert—

(3A) (1) This paragraph applies where— (a) a relevant order is in force, (b) the order includes an unpaid work requirement, (c) the offender has performed the qualifying amount of work in relation to the requirement, (d) the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and (e) during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions. (2) For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary). (3) Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked. (4) For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement. (5) But if— (a) the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or (b) the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions, any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour. (6) Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work— (a) the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and (b) sub-paragraph (3) does not apply in relation to that additional unpaid work requirement. (7) The Secretary of State may by regulations amend this paragraph so as to— (a) vary the percentage for the time being specified in sub-paragraph (2); (b) vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender; (c) omit sub-paragraph (1)(d) or (e) or (5); (d) provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application; (e) vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d). (8) Regulations under sub-paragraph (7)— (a) may make consequential amendments (including amendments of primary legislation); (b) are subject to the affirmative resolution procedure.

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

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

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

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

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

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

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

• (b) in paragraph 3—

• (i) after sub-paragraph (3) insert—

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

;

• (ii) for sub-paragraph (5) substitute—

(5) Paragraph 2(1) of that Schedule applies as if the words “subject to any reduction under paragraph 3A” were omitted. (5A) Paragraph 2(1A) of that Schedule applies as if for paragraphs (a) and (b) (limit on number of hours of unpaid work) there were substituted— (a) not less than 20 hours, and (b) not more than 60 hours.

;

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

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

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

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

• (a) in paragraph 2 (unpaid work requirement)—

• (i) after sub-paragraph (1), insert—

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

;

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

In sub-paragraph (1A), for paragraphs (a) and (b) there is substituted— (a) not less than 20 hours, and (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.”

;

• (b) after paragraph 2 insert—

(2A) In its application to a default order, Schedule 9 to the Sentencing Code has effect as if paragraph 3A (reduction in number of hours of work required by unpaid work requirement) were omitted.

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

Termination of community order

38

• (1) The Sentencing Code is amended as follows.

• (2) In the italic heading before section 218, after “revocation” insert “, termination”.

• (3) In section 218—

• (a) in the heading, after “revocation” insert “, termination”;

• (b) after paragraph (b) insert—

(ba) termination of community orders;

.

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

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

• (b) at the end of that paragraph insert

, or (b) when it terminates under Part 3A of Schedule 10.

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

• (a) in the heading, after “revocation” insert “, termination”;

• (b) after Part 3 insert—

(15A) (1) This paragraph applies if— (a) a community order is in force, (b) the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures), (c) in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement, (d) in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and (e) in a case where a sentence plan has been prepared for the offender, the responsible officer— (i) considers that the offender has met the objectives set out in the plan, and (ii) does not consider that it is necessary to add to those objectives. (2) The community order terminates on the date specified by the responsible officer to the offender. (3) In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out— (a) the community order requirements imposed by the order, (b) any objectives to be met by the offender for the purposes of the order, and (c) how the offender— (i) will comply with those requirements, and (ii) will meet any such objectives. (4) If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.

• (6) The amendments made by this section apply to a community order whenever made.

Termination of supervision period of suspended sentence order

39

• (1) The Sentencing Code is amended as follows.

• (2) In section 288 (operational period and supervision period), after subsection (5) insert—

(6) For provision about the termination of the supervision period, see paragraph 22A of Schedule 16.

• (3) In section 303 (introduction of Schedule 16), after paragraph (a) (but before the “and” at the end of that paragraph) insert—

(aa) termination of the supervision period of a suspended sentence order,

.

• (4) 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)”.

• (5) In Part 3 of Schedule 16 (amendment of suspended sentence order), after paragraph 22 insert—

(22A) (1) This paragraph applies if— (a) the suspended sentence order does not contain provision for review within the meaning of section 293A (review of suspended sentence order qualifying for special procedures), (b) 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, (c) in a case where the order imposes one or more other 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) 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 supervision period 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 suspended sentence order relates, means a plan prepared by the responsible officer which sets out— (a) the community requirements imposed by the order, (b) any objectives to be met by the offender for the purposes of the order, and (c) how the offender— (i) will comply with those requirements, and (ii) will meet any such objectives. (4) If section 39 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.

• (6) In paragraph 25 of Schedule 17 (modifications of Part 3 of Schedule 16 to the Code in relation to an SSSO or NISSO), after paragraph (d) insert—

(da) paragraph 22A (termination of supervision period) were omitted;

.

• (7) The amendments made by this section apply to a suspended sentence order whenever made.

Parole Board rules

Rules about the proceedings of the Parole Board

40

Omit section 73(2) of the Victims and Prisoners Act 2024 (rules about the proceedings of the Parole Board).

Repatriated prisoners

Application of provisions about release etc to certain repatriated prisoners

41

• (1) In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoners), after paragraph 2A insert—

(2B) (1) This paragraph applies to a prisoner if— (a) the prisoner has been transferred to England and Wales in pursuance of a warrant under section 1, (b) the prisoner is serving a sentence for an offence which corresponds to murder under the law of England and Wales, and (c) by virtue of that sentence the prisoner is a fixed-term prisoner for the purposes of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”). (2) If, apart from this sub-paragraph, section 243A of the 2003 Act (duty 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) If section 244 of the 2003 Act (duty to release prisoners not subject 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) where the prisoner is serving one sentence, two-thirds of the sentence, and (b) where the prisoner is serving two or more concurrent or consecutive sentences, the period determined under section 263(2) and 264(2B) or (2E) of the 2003 Act. (4) If, apart from this sub-paragraph, the prisoner could be released on licence under section 246 of the 2003 Act, the prisoner must not be released under that section. (5) If— (a) the prisoner is recalled to prison under section 254 of the 2003 Act, and (b) apart from this sub-paragraph, section 255B or 255BA of that Act (automatic release) would apply to the prisoner following the prisoner’s recall, section 255C of that Act (prisoners excluded from automatic release) applies to the prisoner instead. (6) Section 256AZBA of the 2003 Act (referral of release decisions to High Court) has effect in relation to the prisoner as if the offence mentioned in sub-paragraph (1)(b) of this paragraph were specified in section 256AZBB(1) of that Act (specified offences for the purposes of section 256AZBA). (7) If section 264 of the 2003 Act (consecutive terms) applies to the 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) Section 264B of the 2003 Act (consecutive terms: supplementary) does not apply to the prisoner.

• (2) 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”.

• (3) 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.

• (4) But if—

• (a) a prisoner is transferred into England and Wales before the day on which the amendments made by this section come into force, and

• (b) 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.

Sentences of imprisonment or detention for public protection

Imprisonment or detention for public protection: termination of licences

42

• (1) The Crime (Sentences) Act 1997 is amended as follows.

• (2) In section 31A (imprisonment or detention for public protection: termination of licences)—

• (a) after subsection (3) insert—

(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) Only one request may be made under subsection (3A)(d) in any continuous period during which the prisoner’s licence remains in force.

;

• (b) in subsection (4), after “(3)” insert “or (3A)”;

• (c) 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”;

• (d) in subsection (4E)(a), after “(3)” insert “or (3A)”;

• (e) 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.”;

• (f) in subsection (6)—

• (i) omit “paragraph (a) or (b) of”;

• (ii) after “the definition of “the qualifying period”” insert

in relation to— (a) a prisoner who was not at any time, in the 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) any other prisoner.

• (3) 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”.

• (4) 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”.

Powers of High Court on referral

43

• (1) Section 32ZAC of the Crime (Sentences) Act 1997 (powers of the High Court on referral of release decision) is amended in accordance with subsections (2) to (4).

• (2) In subsection (1), after “section 32ZAA,” insert “and unless subsection (2B) applies on the referral,”.

• (3) After subsection (2) insert—

(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.

• (4) In subsection (3), after “(1)(b)” insert “or (2B)(b)”.

• (5) Section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing) is amended in accordance with subsections (6) and (7).

• (6) In subsection (1), after “32ZAC(1)(a)” insert “or (2B)(a)”.

• (7) In subsection (2), after “the need” insert “where the life prisoner is to be released on licence”.

• (8) 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.

Part 3 — Bail

Amendments to Bail Act 1976

44

• (1) The Bail Act 1976 is amended as follows.

• (2) 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,

.

• (3) 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)”.

• (4) After section 3AAA insert—

(3AAB) (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— (a) the condition in subsection (4) or (8) is met, and (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— (a) the condition in subsection (5), (6), (7) or (8) is met, and (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.

• (5) 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”.

• (6) In section 3AC (electronic monitoring: general provisions), in subsections (7) and (8), after “3AAA” insert “, 3AAB”.

• (7) Schedule 1 (exceptions to general right to bail) is amended as follows.

• (8) In Part 1—

• (a) in paragraph 1A(1)—

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

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

• (iii) in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”;

• (b) in paragraph 9, after paragraph (b) insert—

(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,

.

• (9) In Part 1A, in paragraph 1A(1)—

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

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

• (c) in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”.

Part 4 — Foreign criminals

Deportation of foreign criminals

45

• (1) 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).

• (2) 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).

Part 5 — General

Power to make consequential provision

46

• (1) The Secretary of State may by regulations make provision that is consequential on this Act.

• (2) 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.

• (3) In subsection (2) “enactment” includes—

• (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

• (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

• (c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

• (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

• (4) The power to make regulations under subsection (1) includes power to make—

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

• (b) different provision for different purposes or areas.

• (5) Regulations under subsection (1) are to be made by statutory instrument.

• (6) 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.

• (7) Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) In this section “primary legislation” means—

• (a) an Act of Parliament,

• (b) an Act of the Scottish Parliament,

• (c) a Measure or Act of Senedd Cymru, or

• (d) Northern Ireland legislation.

Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

47

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.

Extent

48

• (1) An amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked, subject to subsection (2)(a).

• (2) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

• (a) section 18;

• (b) section 34(4) and (5);

• (c) section 39(7);

• (d) this Part.

• (3) The other provisions of this Act extend to England and Wales only.

• (4) Nothing in subsections (1) to (3) limits the extent within the United Kingdom of any 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.

• (5) 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.

• (6) The following are “armed forces provisions”—

• (a) 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;

• (b) an amendment, modification or repeal made by or under this Act of—

• (i) a provision of or made under the Armed Forces Act 2006,

• (ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or

• (iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.

Commencement

49

• (1) Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.

• (2) Different days may be appointed for different purposes or areas.

• (3) The following provisions come into force on the day on which this Act is passed—

• (a) sections 25 and 28;

• (b) this Part;

• (c) any other provision of this Act (including provision modifying other legislation) so far as it confers power to make regulations, rules 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.

• (4) Sections 1, 2, 4, 5, 7 to 9, 11, 19, 20, 40, 41 and 43 and Schedules 1 and 2 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (5) 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.

• (6) The power to make regulations under subsection (5) includes power to make different provision for different purposes or areas.

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

Short title

50

This Act may be cited as the Sentencing Act 2026.

Schedule 1

Firearms Act 1968

1

In section 21(2C)(b) of the Firearms Act 1968 (ban on possession of firearm by person subject to suspended sentence), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Proceeds of Crime Act 2002

2

In section 38(4)(a) of the Proceeds of Crime Act 2002 (provisions about imprisonment or detention: disregard of suspended sentence orders), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Armed Forces Act 2006

3

• (1) The Armed Forces Act 2006 is amended as follows.

• (2) In section 200(1) (application of provisions in the Sentencing Code about suspended sentence orders)—

• (a) after paragraph (a) insert—

(aa) section 264A (presumption of suspended sentence order: offender under 21);

;

• (b) after paragraph (b) insert—

(ba) section 277A (presumption of suspended sentence order: person aged 21 or over);

.

• (3) Before section 200A insert—

(200ZB) (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;

Sentencing Act 2020

4

In Schedule 22 to the Sentencing Act 2020 (amendments of the Sentencing Code etc), after paragraph 54 insert—

(54A) In section 277A (presumption of suspended sentence order: person aged 21 or over)— (a) in subsection (1)(a), for “21” substitute “18”; (b) in the heading, for “person aged 21 or over” substitute “adults”.

Schedule 2

Part 1 — Scotland

Rehabilitation of Offenders Act 1974

1

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)”.

Prisons (Scotland) Act 1989

2

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”.

Prisoners and Criminal Proceedings (Scotland) Act 1993

3

• (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

• (2) In section 1(9) (release of short-term, long-term and life prisoners)—

• (a) the words from “in respect of an offence” to the end of the subsection become paragraph (a);

• (b) at the end of that paragraph insert

, 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).

• (3) In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—

• (a) in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;

• (b) after subsection (2A) insert—

(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).

;

• (c) in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;

• (d) in subsections (4) and (5), omit “terrorist”.

• (4) In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—

• (a) in the heading, after “terrorism” insert “or national security-related”;

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

(b) one or more of the sentences (the “terrorism or national security-related sentence”) was imposed— (i) in respect of an offence within section 1AB(2), or (ii) 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),

;

• (c) in subsection (2)—

• (i) after “terrorism”, in both places it occurs, insert “or national security-related”;

• (ii) 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,”;

• (iii) for “the non-terrorism” substitute “that other”;

• (d) in subsection (3)—

• (i) after “terrorism” insert “or national security-related”;

• (ii) for “non-terrorism” substitute “other”;

• (e) in subsections (4) to (7), (9), (10) and (13)—

• (i) after “terrorism”, in each place it occurs, insert “or national security-related”;

• (ii) for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.

• (5) In section 2 (duty to release discretionary life prisoners)—

• (a) in subsection (6), after “(6B)” insert “, (6C)”;

• (b) after subsection (6B) insert—

(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).

;

• (c) in subsection (7), after “(6B)” insert “or (6C)”.

• (6) In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—

• (a) in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;

• (b) in subsection (1ZA)(b), omit “terrorism”.

• (7) In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—

• (a) after paragraph (c) insert—

(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);

;

• (b) in paragraph (d), after “terrorism” insert “or national security-related”.

• (8) In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.

• (9) In section 26ZA (terrorism sentences)—

• (a) in the heading, after “terrorism” insert “and national security-related”;

• (b) for subsection (1) substitute—

(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.

;

• (c) in subsection (2)—

• (i) in the words before paragraph (a), after “terrorism” insert “or national security-related”;

• (ii) in paragraph (b), omit “terrorism”;

• (d) in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;

• (e) in subsections (4) and (5), for “a terrorist” substitute “the”;

• (f) in subsection (7)—

• (i) for “a terrorist” substitute “the”;

• (ii) after “terrorism” insert “or national security-related”;

• (g) in subsection (8)(b), omit “terrorism”;

• (h) in subsection (9)—

• (i) for “a terrorist” substitute “the”;

• (ii) after “terrorism” insert “or national security-related”;

• (i) in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;

• (j) in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—

• (i) after “terrorism” insert “or national security-related”;

• (ii) omit “terrorist”;

• (k) in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.

• (10) In section 27 (interpretation of Part 1)—

• (a) in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;

• (b) after subsection (5A), insert—

(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).

;

• (c) in subsection (5B)—

• (i) 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”;

• (ii) after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.

Repatriation of Prisoners Act 1984

4

• (1) 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.

• (2) After sub-paragraph (3D) insert—

(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) The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H).

• (3) In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.

Part 2 — Northern Ireland

Criminal Justice (Northern Ireland) Order 2008

5

• (1) The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows.

• (2) In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”.

• (3) In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

• (4) In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”.

• (5) In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”.

• (6) In Article 20A (restricted eligibility for release on licence of terrorist prisoners)—

• (a) in the heading, after “prisoners” insert “and other prisoners serving an Article 15A sentence”;

• (b) after paragraph (2A) insert—

(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).

;

• (c) in paragraphs (3), (4), (5) and (7) omit “terrorist”;

• (d) in paragraph (8)—

• (i) omit “terrorist” in both places it occurs;

• (ii) for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

• (e) in paragraph (9)—

• (i) in the definition of “appropriate custodial term”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

• (ii) in the definition of “relevant part of the sentence”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

• (7) 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”.

Repatriation of Prisoners Act 1984

6

In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4D) insert—

(4E) If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence 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) 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 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) 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 Northern Ireland (“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 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) 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 Northern Ireland (“the corresponding offence”), (b) the overseas offence was committed on or after the day on which section 20 of the National Security Act 2023 came into force, (c) the corresponding offence— (i) is not an offence mentioned in subsection (2) 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 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) The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).

Schedule 3

1

Section 224A of the Armed Forces Act 2006 (special custodial sentence for offenders of particular concern) is amended in accordance with paragraphs 2 to 9.

2

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”.

3

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”.

4

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—”.

5

After subsection (1A) insert—

(1B) This section also applies where— (a) a person aged 18 or over is convicted by the Court Martial of an offence on or after the day on which paragraph 5 of Schedule 3 to the Sentencing Act 2026 comes into force (“the relevant day”), (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.

6

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)—

• (a) omit the “or” at the end of sub-paragraph (i);

• (b) after sub-paragraph (ii) (but before the “and” at the end of it) insert

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),

.

7

In subsection (3), after “(1)(d),” insert “(1B)(c),”.

8

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)”.

9

If paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force before paragraph 2 of this Schedule comes into force, this Schedule is to be read as if paragraph 2 were omitted.

10

Section 224B of the Armed Forces Act 2006 (as inserted by paragraph 9 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021) is amended in accordance with paragraphs 11 to 14.

11

In the heading, for “terrorist” substitute “certain”.

12

After subsection (1) insert—

(1A) Subsections (3) and (4) also apply where— (a) a person aged under 18 is convicted by the Court Martial of an offence committed on or after the day on which paragraph 12 of Schedule 3 to the Sentencing Act 2026 comes into force, (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)).

13

In subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”.

14

In subsection (5), after “subsection (1)” insert “or (1A)”.

15

In consequence of the amendments made by paragraphs 10 to 14, in the table in section 177J(5) of the Armed Forces Act 2006 (extension of driving disqualification where custodial sentence or service detention also imposed), in row 2, for “terrorist” substitute “certain”.

16

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) in subsection (1B)(c)(i) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) omit “or custody”; (ab) in subsection (1B)(c)(ii) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) for “detention or imprisonment under section 266 or 279” substitute “imprisonment under section 279”; (ac) in subsection (1B)(c)(iii) (as inserted by paragraph 6 of Schedule 3 to the Sentencing Act 2026), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”.

Schedule 4

This is the Schedule to be inserted in the Criminal Justice Act 2003 after Schedule 19ZA—

Schedule 5

Part 1 — Amendments consequential on repeals made by section 34

Crime (Sentences) Act 1997

1

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2

• (1) Paragraph 6 (effect of transfer) is amended as follows.

• (2) In sub-paragraph (2)(b), for “, possible recall following release and any supervision default order” substitute “and possible recall following release”.

• (3) In sub-paragraph (2)(c), for “, possible recall and any supervision default order” substitute “and possible recall”.

• (4) In sub-paragraph (3), omit paragraph (c).

• (5) In sub-paragraph (4), omit the definition of “supervision default order”.

3

• (1) Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

• (2) In sub-paragraph (2)(a)—

• (a) omit “19A,”;

• (b) for “, 242 and 247” substitute “and 242”.

• (3) In sub-paragraph (4)(a)—

• (a) omit “19A,”;

• (b) for “sections 242 and 247” substitute “section 242”.

• (4) In sub-paragraph (8)—

• (a) omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b));

• (b) in the words after paragraph (c), for “paragraphs 8A, 19A and 19B” substitute “paragraph 19A”.

• (5) In sub-paragraph (9)—

• (a) in paragraph (a), for “256AA to 256E of, and Schedule 19A to,” substitute “256B to 256E of”;

• (b) omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b)).

• (6) In the Table in sub-paragraph (10), omit the entry for “Young offender institution”.

• (7) Omit sub-paragraphs (11) and (12).

4

Omit paragraph 8A (further provision about supervision default orders) and the italic heading before it.

5

• (1) Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

• (2) In sub-paragraph (2)(a), for “, 242 and 247” substitute “and 242”.