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The Sentencing Act 2020 (Prison Sanctions) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348288056

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under sections 41B(10) and 407(7) of the Sentencing Act 2020 (c. 17), for approval by resolution of each House of Parliament.

PRISONS, ENGLAND AND WALES

Made ***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 41B(4) to (9) of the Sentencing Act 2020f1.

In accordance with sections 41B(10) and 407(7) of that Act, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2020 c. 17. Section 41B was inserted by section 1 of the Victims and Courts Act 2026 (c. 19).

Contents

  1. 1Citation, commencement and extent
  2. 2Prison sanctions for contempt
  3. 3Governor powers
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Sentencing Act 2020 (Prison Sanctions) Regulations 2026.

(2)

These Regulations come into force on the day on which section 1 of the Victims and Courts Act 2026f1 comes into force.

(3)

These Regulations extend to England and Wales.

2Prison sanctions for contempt

(1)

The sanctions specified for the purposes of section 41B of the Sentencing Act 2020 are—

(a)

forfeiture of any of the privileges—

(i)

under rule 6 of the Young Offender Institution Rules 2000f1 for a period not exceeding 21 days where the offender is aged 18, 19 or 20 and is to be taken to a young offender institution for detention immediately after the prison sanctions orderf2 is made;

(ii)

under rule 8 of the Prison Rules 1999f3 for a period not exceeding 84 days in any other case;

(b)

cellular confinement—

(i)

for a period not exceeding 10 days where the offender is aged 18, 19 or 20 and is to be taken to a young offender institution for detention immediately after the prison sanctions order is made;

(ii)

for a period not exceeding 21 days in any other case;

(c)

forfeiture of social visits for a period not exceeding 27 days;

(d)

restriction of social visits to once in every period of 28 days for a period not exceeding 84 days.

(2)

Where a court makes a prison sanctions order imposing a sanction of cellular confinement, the governorf4 of the prison or young offender institution in which the offender is detained must not implement the sanction unless a registered medical practitioner or registered nurse working within the prison or young offender institution has assessed the offender as being medically suitable.

(3)

A sanction specified in paragraph (1)(c) or (d)—

(a)

must not be imposed on an offender aged 18, 19 or 20 who is to be taken to a young offender institution for detention immediately after the prison sanctions order is made;

(b)

does not apply to social visits from a child of the offender and any adult who is appropriately accompanying that child.

(4)

In this regulation—

  • “child of the offender” means a person under the age of 18 in respect of whom the offender—

    1. (a)

      is a parent, or

    2. (b)

      has parental responsibility within the meaning of section 3 of the Children Act 1989f5;

  • “social visit” means an in-person visit to an offender, but does not include visits from a person acting in a professional or official capacity.

3Governor powers

The governor of the prison or young offender institution in which an offender is detained may at any time decide not to implement, or may otherwise delay, pause or reduce the period of, any sanction imposed on the offender under a prison sanctions order if satisfied that exceptional circumstances exist to justify it—

(a)

in an operational emergency;

(b)

on compassionate grounds; or

(c)

where there are serious concerns about the effect of the prison sanctions order on the offender’s mental or physical health.

Signature

Signed by authority of the Secretary of State for Justice

Minister of State

Ministry of Justice

Explanatory note

(This note is not part of the Regulations)

These Regulations specify the prison sanctions available to be imposed by judges in Crown Courts for contempt of court by an offender following a breach of an order to attend a sentencing hearing. They reflect the punishments that a governor can impose for an offence against discipline as mentioned in rule 55(1)(b), (e), (j) and (k) of the Prison Rules 1999 (S.I. 1999/728) and rule 60(1)(b) and (f) of the Young Offender Institution Rules 2000 (S.I. 2000/3371). These Regulations also provide for the governor to decide, in certain circumstances, not to implement, or to otherwise delay, pause or reduce the period of, any prison sanction imposed under a prison sanctions order.

An impact assessment has not been prepared for this instrument as a full impact assessment was published in relation to the Victims and Courts Act 2026 (c. 19). That impact assessment can be obtained online at: https://assets.publishing.service.gov.uk/media/681b1b1f34321d7b2d873af2/vac-oia-ia.pdf or by writing to the Ministry of Justice, 102 Petty France, London SW1H 9AJ.