Sentencing Act 2026 (c. 2)

Part 2 U.K. Management of offenders after sentencing

Community order requirements and community requirements U.K.

Prospective

36 Removal of maximum period for unpaid work requirement E+W

(1) The Sentencing Code is amended as follows—

(a) in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”: community order and suspended sentence order)—

(i) in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii) omit sub-paragraph (2);

(b) in Schedule 10, omit paragraph 21 and the italic heading before it;

(c) in Schedule 16, omit paragraph 27 and the italic heading before it.

(2) Schedule A1 to the Children Act 1989 is amended as follows—

(a) in paragraph 3A (meaning of “unpaid work requirement”: enforcement order)—

(i) in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii) in sub-paragraph (2), for “paragraphs 7 and 9” substitute “paragraph 9”;

(iii) omit sub-paragraph (3);

(b) omit paragraph 7 and the italic heading before it;

(c) in paragraph 9 (breach of an enforcement order), in sub-paragraph (9) omit paragraph (b).

(3) The amendments made by subsections (1) and (2) apply in relation to a community order, suspended sentence order or, as the case may be, an enforcement order whenever made.

(4) In paragraph 3(4) of Schedule 19A to the Criminal Justice Act 2003 (modification of Sentencing Code in its application to supervision default orders), for paragraph (b), substitute—

“(b) as if, in paragraph (b), after “the times” there were inserted “, before the end of the supervision period,”.”

(5) If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (4), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(6) In consequence of the amendments made by subsection (2), in paragraph 112 of Schedule 24 to the Sentencing Act 2020—

(a) omit sub-paragraph (4);

(b) in sub-paragraph (6), omit paragraph (b).

Commencement Information

I1 S. 36 not in force at Royal Assent, see s. 49(1)

37 Number of hours of work required by unpaid work requirement E+W

(1) Part 1 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: unpaid work requirement) is amended in accordance with subsections (2) and (3).

(2) In paragraph 2 (number of hours of unpaid work)—

(a) for sub-paragraph (1) substitute—

“(1) A relevant order imposing an unpaid work requirement must specify the number of hours that the offender may be required to work under the requirement subject to any reduction under paragraph 3A.

(1A) The number of hours which may be specified in the order must, in aggregate, be—

(a) not less than 40, and

(b) not more than 300.”;

(b) in sub-paragraph (2), for “(1)(b)(i)” substitute “(1A)(a)”;

(c) in sub-paragraph (4), in the final sentence, for “(1)(b)(ii)” substitute “(1A)(b)”.

(3) After paragraph 3 insert—

Reduction in number of hours of work required by unpaid work requirement

3A (1) This paragraph applies where—

(a) a relevant order is in force,

(b) the order includes an unpaid work requirement,

(c) the offender has performed the qualifying amount of work in relation to the requirement,

(d) the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and

(e) during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions.

(2) For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary).

(3) Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked.

(4) For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement.

(5) But if—

(a) the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or

(b) the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions,

any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour.

(6) Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work—

(a) the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and

(b) sub-paragraph (3) does not apply in relation to that additional unpaid work requirement.

(7) The Secretary of State may by regulations amend this paragraph so as to—

(a) vary the percentage for the time being specified in sub-paragraph (2);

(b) vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender;

(c) omit sub-paragraph (1)(d) or (e) or (5);

(d) provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application;

(e) vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d).

(8) Regulations under sub-paragraph (7)—

(a) may make consequential amendments (including amendments of primary legislation);

(b) are subject to the affirmative resolution procedure.”

(4) In consequence of the amendments made by subsections (1) to (3), the Sentencing Act 2020 is amended as follows—

(a) in section 220(3) (when a community order ceases to be in force), at the end insert “, subject to any reduction under paragraph 3A of Schedule 9”;

(b) in section 288(5)(a) (supervision period of suspended sentence order), for “under paragraph 2(1) of Schedule 9” substitute “, subject to any reduction under paragraph 3A of Schedule 9”;

(c) in paragraph 13(4) of Schedule 10 (imposition of more onerous requirements on breach of order), in the words after paragraph (b), for “for” to “paragraph 2(1)” substitute “which may be specified in the order (see paragraph 2(1A)”;

(d) in paragraph 13(1)(a) of Schedule 23 (power to amend maximum number of hours of unpaid work), for “paragraph 2(1)” substitute “paragraph 2(1A)”.

(5) In Schedule 19A to the Criminal Justice Act 2003 (supervision default orders: application and modification of provisions relating to community orders)—

(a) in paragraph 2(f), after “2(1)” insert “and (1A)”;

(b) in paragraph 3—

(i) after sub-paragraph (3) insert—

“(3A) Section 220(3) applies as if the words “, subject to any reduction under paragraph 3A of Schedule 9” were omitted.”;

(ii) for sub-paragraph (5) substitute—

“(5) Paragraph 2(1) of that Schedule applies as if the words “subject to any reduction under paragraph 3A” were omitted.

(5A) Paragraph 2(1A) of that Schedule applies as if for paragraphs (a) and (b) (limit on number of hours of unpaid work) there were substituted—

“(a) not less than 20 hours, and

(b) not more than 60 hours.””;

(c) in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3(5A)”;

(d) in paragraph 10(2)(b), for “2(1)” substitute “2(1A)”.

(6) If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (5), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(7) In Schedule 31 to the Criminal Justice Act 2003 (default orders: modification of provisions relating to community orders)—

(a) in paragraph 2 (unpaid work requirement)—

(i) after sub-paragraph (1), insert—

“(1A) In sub-paragraph (1), the words “subject to any reduction under paragraph 3A” are omitted.”;

(ii) in sub-paragraph (2), for the words before the Table in that sub-paragraph substitute

“In sub-paragraph (1A), for paragraphs (a) and (b) there is substituted—

“(a) not less than 20 hours, and

(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.”””;

(b) after paragraph 2 insert—

“2A In its application to a default order, Schedule 9 to the Sentencing Code has effect as if paragraph 3A (reduction in number of hours of work required by unpaid work requirement) were omitted.”

(8) The amendments made by this section apply in relation to a community order, suspended sentence order, supervision default order or default order whenever made.

Commencement Information

I2 S. 37 in force at Royal Assent for specified purposes, see s. 49(3)(c)

Prospective

38 Termination of community order E+W

(1) The Sentencing Code is amended as follows.

(2) In the italic heading before section 218, after “revocation” insert “, termination”.

(3) In section 218—

(a) in the heading, after “revocation” insert “, termination”;

(b) after paragraph (b) insert—

“(ba) termination of community orders;”.

(4) In section 220(2) (when a community order ceases to be in force)—

(a) the words “when it is revoked” become paragraph (a), and

(b) at the end of that paragraph insert “, or

(b) when it terminates under Part 3A of Schedule 10.”

(5) In Schedule 10 (breach, revocation or amendment of community order)—

(a) in the heading, after “revocation” insert “, termination”;

(b) after Part 3 insert—

“Part 3A E+W Termination of order

15A (1) This paragraph applies if—

(a) a community order is in force,

(b) the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),

(c) 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,

(d) in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and

(e) 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 community order 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 community order relates, means a plan prepared by the responsible officer which sets out—

(a) the community order 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 38 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) The amendments made by this section apply to a community order whenever made.

Commencement Information

I3 S. 38 not in force at Royal Assent, see s. 49(1)

Prospective

39 Termination of supervision period of suspended sentence order U.K.

(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.

Commencement Information

I4 S. 39 not in force at Royal Assent, see s. 49(1)