Explanatory note

These Regulations bring into force specified provisions of the Sentencing Act 2026 (“the 2026 Act”). These are the first commencement Regulations made under the 2026 Act.

Regulation 2 brings into force section 44 of the 2026 Act. This provision amends the Bail Act 1976 to amend the ‘no real prospect’ test, the conditions for imposing electronic monitoring and the statutory factors that may be relevant to bail.

Regulations 3 and 4 bring into force sections 30 to 33 of, and Schedule 4 to, the 2026 Act. These provisions amend the recall provisions of the Criminal Justice Act 2003 to provide that all offenders serving adult standard determinate sentences will serve 56 days in custody following recall, unless excluded. At the end of this period, except in exceptional circumstances, they will be re-released on licence. The 2026 Act preserves the existing recall model (prior to the commencement of the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025) for those sentenced as children to a standard determinate sentence under section 250 of the Sentencing Code or (historically) under section 91 of the Power of Criminal Courts (Sentencing) Act 2000, where they are not also serving an adult determinate sentence.

An impact assessment has not been produced for this statutory instrument as no impact, or significant impact, on the private, voluntary or public sectors is foreseen. An impact assessment has been published in relation to the 2026 Act and a copy can be obtained from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ, or from this website: https://publications.parliament.uk/pa/bills/cbill/59-01/0299/hcb299.ia.pdf