Sentencing Act 2026 in Scotland

2026 c. 2 · Enacted 22 January 2026 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 5 October 2026.

See the changes not yet applied

Provision	Change	Made by
s. 37	coming into force	Sentencing Act 2026 (Commencement No. 5) 2026 reg. 5

An Act to make provision about the sentencing, release and management after sentencing of offenders; to make provision about bail; to make provision about the removal from the United Kingdom of foreign criminals; and for connected purposes.

[22nd January 2026]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1: Sentencing
New community order requirements and community requirements
18Power to add or alter requirements
Part 2: Management of offenders after sentencing
Removal of requirement for supervision after sentence
34Repeal of provisions relating to supervision after end of sentence
Community order requirements and community requirements
39Termination of supervision period of suspended sentence order
Part 5: General
46Power to make consequential provision
47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
48Extent
49Commencement
50Short title

18Power to add or alter requirementsI1 I2

(1)

The Sentencing Act 2020 is amended as follows.

(2)

In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—

“(iia)

paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders),”.

(3)

Section 407 extends to Scotland (as well as to England and Wales and Northern Ireland).

(4)

In section 414 (extent)—

(a)

in subsection (3)(c), after “rules)” insert “(but see subsection (7))”;

(b)

after subsection (6) insert—

“(7)

See also sections 18 (3) and 48 (2)(a) of the Sentencing Act 2026 (extent of section 407 and paragraph 13A of Schedule 23).”

(5)

In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—

“Power to add or alter requirements

13A

(1)

The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—

(a)

add a relevant requirement;

(b)

make provision about a relevant requirement added pursuant to paragraph (a);

(c)

alter provision about a relevant requirement that applies for the time being.

(2)

In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.

(3)

Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(4)

Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.

(5)

Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.

(6)

Regulations under this paragraph are subject to the affirmative resolution procedure.”

34Repeal of provisions relating to supervision after end of sentenceI1 I2

(1)

In the Criminal Justice Act 2003—

(a)

for the italic heading before section 256AA, for “offenders” substitute “certain young offenders after release”;

(b)

omit sections 256AA to 256AC (supervision after end of sentence of prisoners serving less than 2 years);

(c)

omit Schedule 19A (supervision default orders).

(2)

In the Sentencing Code, omit section 247 (supervision after end of term of detention and training order).

(3)

Schedule 5 makes provision which is consequential on subsections (1) and (2).

(4)

Subject to subsection (5), the amendments made by this section and Schedule 5 have effect in relation to supervision requirements imposed on a person under section 256AA of the Criminal Justice Act 2003 before the day on which the amendments come into force.

(5)

The amendments do not have effect in relation to a failure, or alleged failure, to comply with such a supervision requirement where the failure or alleged failure began, or is alleged to have begun, before the day on which the amendments come into force.

39Termination of supervision period of suspended sentence orderI1 I2

(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—

“Termination of supervision period

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.

46Power to make consequential provisionI1

(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.

47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this ActI1

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.

48ExtentI1

(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.

49CommencementI1

(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.

50Short titleI1

This Act may be cited as the Sentencing Act 2026.

Sentencing Act 2026 in Scotland

Contents