Explanatory note

These Regulations bring into force section 45 of the Sentencing Act 2026 (“the 2026 Act”) (c. 2).

Section 45(1) amends section 38(1) of the UK Borders Act 2007 (c. 30) in order to make persons who receive suspended sentences of 12 months or more liable to automatic deportation under section 32(2).

Section 45(2) amends section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) so that a person who has received a suspended sentence of 12 months or more is included within the definition of a ‘foreign criminal’ in section 117C. Section 117C sets out factors which a court or tribunal must consider when determining whether a decision made under the Immigration Act 1971 breaches a person’s human rights.

Regulation 3 makes transitional arrangements in respect of section 38(1) of the UK Borders Act 2007 and section 117D(4) of the Nationality, Immigration and Asylum Act 2002 for persons convicted prior to 22nd March 2026.

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.