# The Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Sentencing Act 2026 (“the 2026 Act”) (c. 2).
Regulation 2 brings into force sections 23(1) to (15) and 24 of the 2026 Act, to the extent not already commenced under section 49(3)(c) of the 2026 Act. Section 23 amends the provisions of the Criminal Justice Act 2003 (“the 2003 Act”) (c. 44) which set out the requisite custodial periods for those serving adult standard determinate sentences. The requisite custodial period for those serving these sentences who are released under section 244 of the 2003 Act is 40% or 50% of the sentence (depending on the offence). Section 23 reduces this period to one-third of the sentence. For those who are released under section 244ZA of the 2003 Act, the period is reduced from two-thirds of the sentence to one-half. Section 24 makes amendments to the Road Traffic Offenders Act 1988 (c. 53) which are consequential to the changes to the requisite custodial period. The amendments ensure that the extension of any period of driving disqualification remains in accordance with the requisite custodial period of the sentence.
Regulation 3 provides for a phased commencement of the changes to the requisite custodial periods in relation to prisoners who are in custody immediately before 1st October 2026. The commencement date is determined by the length of the longest sentence that the prisoner is serving immediately before 1st October 2026.
Regulation 4 provides for the changes to commence on 12 October 2027 in relation to existing offenders who are in the community, having been released under section 246 of the 2003 Act, immediately before 1st October 2026.
Regulation 5 provides that sections 23 and 24 of the 2026 Act do not come into force in relation to sentences for the offences listed in the Schedule to these Regulations. This means that sentences for those offences will retain their current requisite custodial periods.
Regulation 6 provides that section 23(10) of the 2026 Act does not come into force in relation to those serving youth sentences under section 250 of the Sentencing Code, or (historically) under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). Section 23(10) revokes the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), which provides for the custodial period for sentences for certain offences to be read as 40% of the sentence, rather than 50% as would otherwise be the case.
Regulation 7 revokes the Sentencing Act 2026 (Commencement No. 4) Regulations 2026 (S.I. 2026/609), the provisions of which are replaced by these Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2026/953/note (the official version)
Page: https://openlegislation.uk/sentencing-act-2026-commencement-no-6-and-revocation-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.