OpenLegislation

Sentencing Act 2026

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.

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ProvisionChangeMade by
s. 37coming into forceThe Sentencing Act 2026 (Commencement No. 5) Regulations 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:—

Contents

  1. Part 1: Sentencing
  2. Suspended sentences
  3. 1Presumption of suspended sentence order for sentences of 12 months or less
  4. 2Custodial sentences that may be suspended
  5. Income reduction orders
  6. 3Income reduction orders
  7. Purposes of sentencing
  8. 4Purposes of sentencing
  9. Deferment of sentence
  10. 5Date to which passing of sentence may be deferred
  11. Finding of domestic abuse
  12. 6Finding of domestic abuse
  13. Offenders of particular concern
  14. 7Special custodial sentence for certain offenders of particular concern: England and Wales
  15. 8Sentence with fixed licence period: Scotland
  16. 9Sentence with fixed licence period: Northern Ireland
  17. 10Corresponding provision under service law Not yet in force
  18. Whole life order: murder of police, prison or probation officer
  19. 11Whole life order: murder of police, prison or probation officer
  20. Rehabilitation activity requirement
  21. 12Removal of requirement to specify maximum number of days
  22. 13Rehabilitation activity requirement renamed probation requirement
  23. New community order requirements and community requirements
  24. 14Driving prohibition requirement
  25. 15Public event attendance prohibition requirement
  26. 16Drinking establishment entry prohibition requirement
  27. 17Restriction zone requirement Not yet in force
  28. 18Power to add or alter requirements
  29. Sentencing Council for England and Wales
  30. 19Sentencing Council business plan
  31. 20Sentencing guidelines
  32. Prison capacity report
  33. 21Annual report relating to prison capacity
  34. Court transcripts
  35. 22Provision of transcripts of sentencing remarks to victims
  36. Part 2: Management of offenders after sentencing
  37. Release
  38. 23Release
  39. 24Release: consequential amendments relating to driving disqualification
  40. 25Release on licence of certain violent or sexual offenders: service offences
  41. 26Limitation of provisions about home detention curfew Not yet in force
  42. Licences
  43. 27Licence conditions
  44. 28Licence conditions: offenders sentenced under repealed armed forces legislation
  45. Recall and further release
  46. 29Power to make provision about recall to prison
  47. 30Further release after recall: introductory
  48. 31Further release after recall: relevant young offenders suitable for automatic release
  49. 32Further release after recall: other offenders eligible for automatic release
  50. 33Further release after recall: supplementary
  51. Removal of requirement for supervision after sentence
  52. 34Repeal of provisions relating to supervision after end of sentence
  53. Early removal of prisoners liable to removal from the United Kingdom Not yet in force
  54. 35Early removal of prisoners liable to removal from United Kingdom Not yet in force
  55. Community order requirements and community requirements
  56. 36Removal of maximum period for unpaid work requirement
  57. 37Number of hours of work required by unpaid work requirement
  58. 38Termination of community order
  59. 39Termination of supervision period of suspended sentence order
  60. Parole Board rules
  61. 40Rules about the proceedings of the Parole Board
  62. Repatriated prisoners
  63. 41Application of provisions about release etc to certain repatriated prisoners
  64. Sentences of imprisonment or detention for public protection
  65. 42Imprisonment or detention for public protection: termination of licences
  66. 43Powers of High Court on referral
  67. Part 3: Bail
  68. 44Amendments to Bail Act 1976
  69. Part 4: Foreign criminals
  70. 45Deportation of foreign criminals
  71. Part 5: General
  72. 46Power to make consequential provision
  73. 47Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
  74. 48Extent
  75. 49Commencement
  76. 50Short title
  77. Schedule 1: Presumption of suspended sentence order: consequential provision
  78. 1Firearms Act 1968
  79. 2Proceeds of Crime Act 2002
  80. 3Armed Forces Act 2006
  81. 4Sentencing Act 2020
  82. Schedule 2: Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision
  83. Part 1: Scotland
  84. 1Rehabilitation of Offenders Act 1974
  85. 2Prisons (Scotland) Act 1989
  86. 3Prisoners and Criminal Proceedings (Scotland) Act 1993
  87. 4Repatriation of Prisoners Act 1984
  88. Part 2: Northern Ireland
  89. 5Criminal Justice (Northern Ireland) Order 2008
  90. 6Repatriation of Prisoners Act 1984
  91. Schedule 3: Corresponding provision about sentencing under service law: sentences for offenders of particular concern Not yet in force
  92. 1Paragraph 1 Not yet in force
  93. 2Paragraph 2 Not yet in force
  94. 3Paragraph 3 Not yet in force
  95. 4Paragraph 4 Not yet in force
  96. 5Paragraph 5 Not yet in force
  97. 6Paragraph 6 Not yet in force
  98. 7Paragraph 7 Not yet in force
  99. 8Paragraph 8 Not yet in force
  100. 9Paragraph 9 Not yet in force
  101. 10Paragraph 10 Not yet in force
  102. 11Paragraph 11 Not yet in force
  103. 12Paragraph 12 Not yet in force
  104. 13Paragraph 13 Not yet in force
  105. 14Paragraph 14 Not yet in force
  106. 15Paragraph 15 Not yet in force
  107. 16Paragraph 16 Not yet in force
  108. Schedule 4: Offences where offender not eligible for automatic release under section 255BA after recall
  109. Schedule 5: Repeal of provisions relating to supervision after end of sentence: consequential provision
  110. Part 1: Amendments consequential on repeals made by section 34
  111. 1Crime (Sentences) Act 1997
  112. 2Crime (Sentences) Act 1997
  113. 3Crime (Sentences) Act 1997
  114. 4Crime (Sentences) Act 1997
  115. 5Crime (Sentences) Act 1997
  116. 6Crime (Sentences) Act 1997
  117. 7Crime (Sentences) Act 1997
  118. 8Crime and Disorder Act 1998
  119. 9Criminal Justice Act 2003
  120. 10Offender Management Act 2007
  121. 11Sentencing Code
  122. Part 2: Repeal of provision which inserts or amends provision repealed by section 34 or Part 1 of this Schedule
  123. 12Offender Rehabilitation Act 2014
  124. 13Criminal Justice and Courts Act 2015
  125. 14Sentencing Act 2020
  126. 15Terrorist Offenders (Restriction of Early Release) Act 2020
  127. 16Police, Crime, Sentencing and Courts Act 2022