Sentencing Act 2026

Schedules

Section 1(4)

Schedule 1 E+W Presumption of suspended sentence order: consequential provision

Firearms Act 1968 E+W

1 In section 21(2C)(b) of the Firearms Act 1968 (ban on possession of firearm by person subject to suspended sentence), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Commencement Information

I1 Sch. 1 para. 1 in force at 22.3.2026, see s. 49(4)

Proceeds of Crime Act 2002 E+W

2 In section 38(4)(a) of the Proceeds of Crime Act 2002 (provisions about imprisonment or detention: disregard of suspended sentence orders), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.

Commencement Information

I2 Sch. 1 para. 2 in force at 22.3.2026, see s. 49(4)

Armed Forces Act 2006 E+W

3 (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 200(1) (application of provisions in the Sentencing Code about suspended sentence orders)—

(a) after paragraph (a) insert—

“(aa) section 264A (presumption of suspended sentence order: offender under 21);”;

(b) after paragraph (b) insert—

“(ba) section 277A (presumption of suspended sentence order: person aged 21 or over);”.

(3) Before section 200A insert—

“200ZB Modifications of sections 264A and 277A of the Sentencing Code

(1) Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in subsection (3), after paragraph (d) there were inserted—

“(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b) in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c) in subsection (7), before the definition of “order of a court” there were inserted—

• ““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.

(2) Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in subsection (3), after paragraph (d) there were inserted—

“(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),”,

(b) in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

(c) in subsection (8), before the definition of “order of a court” there were inserted—

• ““custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”.”

Commencement Information

I3 Sch. 1 para. 3 in force at 22.3.2026, see s. 49(4)

Sentencing Act 2020 E+W

4 In Schedule 22 to the Sentencing Act 2020 (amendments of the Sentencing Code etc), after paragraph 54 insert—

“54A In section 277A (presumption of suspended sentence order: person aged 21 or over)—

(a) in subsection (1)(a), for “21” substitute “18”;

(b) in the heading, for “person aged 21 or over” substitute “adults”.”

Commencement Information

I4 Sch. 1 para. 4 in force at 22.3.2026, see s. 49(4)

Sections 8(12) and 9(6)

Schedule 2 E+W Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision

Part 1 E+W Scotland

Rehabilitation of Offenders Act 1974 E+W

1 In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (disclosure periods for particular sentences), for “(terrorism sentence for young offenders or children)” substitute “(sentence with fixed licence period for young offenders or children)”.

Commencement Information

I5 Sch. 2 para. 1 in force at 22.3.2026, see s. 49(4)

Prisons (Scotland) Act 1989 E+W

2 In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the management of prisons and other institutions), after “terrorism” insert “or national security-related”.

Commencement Information

I6 Sch. 2 para. 2 in force at 22.3.2026, see s. 49(4)

Prisoners and Criminal Proceedings (Scotland) Act 1993 E+W

3 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2) In section 1(9) (release of short-term, long-term and life prisoners)—

(a) the words from “in respect of an offence” to the end of the subsection become paragraph (a);

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

(b) under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”

(3) In section 1AB (restricted eligibility for release on licence of terrorist prisoners)—

(a) in the heading, at the end insert “and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act”;

(b) after subsection (2A) insert—

“(2B) This section also applies to a prisoner other than a life prisoner who is serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c) in subsection (3), for “case of a terrorist prisoner” substitute “prisoner’s case”;

(d) in subsections (4) and (5), omit “terrorist”.

(4) In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)—

(a) in the heading, after “terrorism” insert “or national security-related”;

(b) in subsection (1), for paragraph (b) (but not the “and” at the end of that paragraph) substitute—

“(b) one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—

(i) in respect of an offence within section 1AB(2), or

(ii) under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security),”;

(c) in subsection (2)—

(i) after “terrorism”, in both places it occurs, insert “or national security-related”;

(ii) for “imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”),” substitute “that is not a terrorism or national security-related sentence,”;

(iii) for “the non-terrorism” substitute “that other”;

(d) in subsection (3)—

(i) after “terrorism” insert “or national security-related”;

(ii) for “non-terrorism” substitute “other”;

(e) in subsections (4) to (7), (9), (10) and (13)—

(i) after “terrorism”, in each place it occurs, insert “or national security-related”;

(ii) for “non-terrorism”, in each place it occurs, substitute “sentence that is not a terrorism or national security-related”.

(5) In section 2 (duty to release discretionary life prisoners)—

(a) in subsection (6), after “(6B)” insert “, (6C)”;

(b) after subsection (6B) insert—

“(6C) No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).”;

(c) in subsection (7), after “(6B)” insert “or (6C)”.

(6) In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)—

(a) in the heading, for “certain terrorism sentences” substitute “serious terrorism sentences, sentences with a fixed licence period”;

(b) in subsection (1ZA)(b), omit “terrorism”.

(7) In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)—

(a) after paragraph (c) insert—

“(ca) serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);”;

(b) in paragraph (d), after “terrorism” insert “or national security-related”.

(8) In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”.

(9) In section 26ZA (terrorism sentences)—

(a) in the heading, after “terrorism” insert “and national security-related”;

(b) for subsection (1) substitute—

“(1) This section applies to a person (“the prisoner”) who—

(a) is not a life prisoner, and

(b) is serving a terrorism or national security-related sentence.”;

(c) in subsection (2)—

(i) in the words before paragraph (a), after “terrorism” insert “or national security-related”;

(ii) in paragraph (b), omit “terrorism”;

(d) in subsection (3), after “terrorism”, in both places it occurs, insert “or national security-related”;

(e) in subsections (4) and (5), for “a terrorist” substitute “the”;

(f) in subsection (7)—

(i) for “a terrorist” substitute “the”;

(ii) after “terrorism” insert “or national security-related”;

(g) in subsection (8)(b), omit “terrorism”;

(h) in subsection (9)—

(i) for “a terrorist” substitute “the”;

(ii) after “terrorism” insert “or national security-related”;

(i) in subsection (10), after “terrorism”, in both places it occurs, insert “or national security-related”;

(j) in subsection (11), in the definition of “appropriate custodial term”, in the words before paragraph (a)—

(i) after “terrorism” insert “or national security-related”;

(ii) omit “terrorist”;

(k) in subsection (11), in the definition of “extension period”, in paragraphs (a), (b) and (c), omit “terrorist”.

(10) In section 27 (interpretation of Part 1)—

(a) in subsection (5), for “subsection (5A)” substitute “subsections (5A) and (5AA)”;

(b) after subsection (5A), insert—

“(5AA) Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).”;

(c) in subsection (5B)—

(i) for “an offence within section 1AB(2)”, in the first place it appears, substitute “a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence”;

(ii) after “1AB(2)”, in the second place it appears, insert “or a national security-related sentence”.

Commencement Information

I7 Sch. 2 para. 3 in force at 22.3.2026, see s. 49(4)

Repatriation of Prisoners Act 1984 E+W

4 (1) In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to Scotland is amended as follows.

(2) After sub-paragraph (3D) insert—

“(3E) If sub-paragraph (3F), (3G) or (3H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).

(3F) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11, or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11, of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023).

(3G) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),

(b) the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,

(c) the corresponding offence—

(i) is a “relevant electoral offence” within the meaning of that section, and

(ii) is punishable on indictment with imprisonment for more than 2 years, and

(d) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(3H) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Scotland (“the corresponding offence”),

(b) the overseas offence was committed on or after the day on which section 21 of the National Security Act 2023 came into force,

(c) the corresponding offence—

(i) is not an offence mentioned in subsection (6) of that section, and

(ii) is punishable on indictment with imprisonment for more than 2 years, and

(d) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Scotland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(3I) The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H).”

(3) In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.

Commencement Information

I8 Sch. 2 para. 4 in force at 22.3.2026, see s. 49(4)

Part 2 E+W Northern Ireland

Criminal Justice (Northern Ireland) Order 2008 E+W

5 (1) The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows.

(2) In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”.

(3) In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

(4) In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”.

(5) In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”.

(6) In Article 20A (restricted eligibility for release on licence of terrorist prisoners)—

(a) in the heading, after “prisoners” insert “and other prisoners serving an Article 15A sentence”;

(b) after paragraph (2A) insert—

“(2AB) This Article also applies to a fixed-term prisoner who is serving an Article 15A sentence imposed in respect of an offence which is specified in Schedule 2B (offences involving or connected with a threat to national security).”;

(c) in paragraphs (3), (4), (5) and (7) omit “terrorist”;

(d) in paragraph (8)—

(i) omit “terrorist” in both places it occurs;

(ii) for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

(e) in paragraph (9)—

(i) in the definition of “appropriate custodial term”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”;

(ii) in the definition of “relevant part of the sentence”, for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

(7) In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.

Commencement Information

I9 Sch. 2 para. 5 in force at 22.3.2026, see s. 49(4)

Repatriation of Prisoners Act 1984 E+W

6 In paragraph 2A of the Schedule to the Repatriation of Prisoners Act 1984 (application of early release provisions to prisoners repatriated to Northern Ireland), after sub-paragraph (4D) insert—

“(4E) If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if the prisoner were serving a sentence imposed under Article 15A of the Order in respect of an offence specified in Schedule 2B to the Order (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security).

(4F) This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 1 to 3, or paragraph 5 in a case where the ancillary offence relates to an offence specified in any of paragraphs 1 to 3, of Schedule 2B to the Criminal Justice (Northern Ireland) Order 2008 (certain offences under the Official Secrets Acts or the National Security Act 2023).

(4G) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),

(b) the overseas offence was committed on or after the day on which section 16 of the National Security Act 2023 came into force,

(c) the corresponding offence—

(i) is a “relevant electoral offence” within the meaning of that section, and

(ii) is punishable on indictment with imprisonment for more than 2 years, and

(d) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(4H) This sub-paragraph applies if the warrant specifies that—

(a) the offence or any of the offences in relation to which a sentence is to be served (“the overseas offence”) corresponds to an offence under the law of Northern Ireland (“the corresponding offence”),

(b) the overseas offence was committed on or after the day on which section 20 of the National Security Act 2023 came into force,

(c) the corresponding offence—

(i) is not an offence mentioned in subsection (2) of that section, and

(ii) is punishable on indictment with imprisonment for more than 2 years, and

(d) findings made by the court before which the prisoner was tried or sentenced for the overseas offence would, had the prisoner been tried and sentenced in Northern Ireland for the corresponding offence, have justified a determination under that section that the foreign power condition is met in relation to the conduct that constitutes the offence.

(4I) The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).”

Commencement Information

I10 Sch. 2 para. 6 in force at 22.3.2026, see s. 49(4)

Prospective

Section 10

Schedule 3 E+W Corresponding provision about sentencing under service law: sentences for offenders of particular concern

1 E+W Section 224A of the Armed Forces Act 2006 (special custodial sentence for offenders of particular concern) is amended in accordance with paragraphs 2 to 9.

Commencement Information

I11 Sch. 3 para. 1 not in force at Royal Assent, see s. 49(1)

2 E+W In subsection (1)(b) (before its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), after “listed in” insert “Part 1 or 2 of”.

Commencement Information

I12 Sch. 3 para. 2 not in force at Royal Assent, see s. 49(1)

3 E+W In subsection (1)(b) (after its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), in sub-paragraph (i), after “listed in” insert “Part 1 or 2 of”.

Commencement Information

I13 Sch. 3 para. 3 not in force at Royal Assent, see s. 49(1)

4 E+W In subsection (1A) (as inserted by paragraph 8(4) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), for the words before paragraph (a), substitute “But nothing in subsection (1) results in this section applying if—”.

Commencement Information

I14 Sch. 3 para. 4 not in force at Royal Assent, see s. 49(1)

5 E+W After subsection (1A) insert—

“(1B) This section also applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence on or after the day on which paragraph 5 of Schedule 3 to the Sentencing Act 2026 comes into force (“the relevant day”),

(b) the offence—

(i) is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or

(ii) is an offence, other than one for which the sentence is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7) of this Act) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c) the court does not impose one of the following for the offence—

(i) a sentence of imprisonment or custody for life, or

(ii) an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act), and

(d) if the person was aged under 18 when the offence was committed, the offence was committed on or after the relevant day.”

Commencement Information

I15 Sch. 3 para. 5 not in force at Royal Assent, see s. 49(1)

6 E+W On the coming into force of paragraph 2 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021, in subsection (1B) of section 224A (as inserted by paragraph 5 of this Schedule), in paragraph (c)—

(a) omit the “or” at the end of sub-paragraph (i);

(b) after sub-paragraph (ii) (but before the “and” at the end of it) insert “or

(iii) a serious terrorism sentence of detention or imprisonment under section 268A or 282A of the Sentencing Code (as applied by section 219ZA of this Act),”.

Commencement Information

I16 Sch. 3 para. 6 not in force at Royal Assent, see s. 49(1)

7 E+W In subsection (3), after “(1)(d),” insert “(1B)(c),”.

Commencement Information

I17 Sch. 3 para. 7 not in force at Royal Assent, see s. 49(1)

8 E+W In subsection (3A) (as inserted by paragraph 41(9)(b) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021), after “subsection (1A)” insert “or (1B)”.

Commencement Information

I18 Sch. 3 para. 8 not in force at Royal Assent, see s. 49(1)

9 E+W If paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force before paragraph 2 of this Schedule comes into force, this Schedule is to be read as if paragraph 2 were omitted.

Commencement Information

I19 Sch. 3 para. 9 not in force at Royal Assent, see s. 49(1)

10 E+W Section 224B of the Armed Forces Act 2006 (as inserted by paragraph 9 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021) is amended in accordance with paragraphs 11 to 14.

Commencement Information

I20 Sch. 3 para. 10 not in force at Royal Assent, see s. 49(1)

11 E+W In the heading, for “terrorist” substitute “certain”.

Commencement Information

I21 Sch. 3 para. 11 not in force at Royal Assent, see s. 49(1)

12 E+W After subsection (1) insert—

“(1A) Subsections (3) and (4) also apply where—

(a) a person aged under 18 is convicted by the Court Martial of an offence committed on or after the day on which paragraph 12 of Schedule 3 to the Sentencing Act 2026 comes into force,

(b) the offence—

(i) is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security) (except in paragraph 18 of that Schedule), or

(ii) is an offence, other than one for which the sentence is fixed by law as life imprisonment, which is punishable on indictment with imprisonment for more than 2 years and where it is determined under section 69A of the Sentencing Code (as applied by section 238(7)) that the foreign power condition is met in relation to the conduct that constitutes the offence,

(c) the court does not impose either of the following for the offence (or for an offence associated with it)—

(i) a sentence of detention for life under section 209, or

(ii) an extended sentence of detention under section 254 of the Sentencing Code (as applied by section 221A of this Act), and

(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 260(2)).”

Commencement Information

I22 Sch. 3 para. 12 not in force at Royal Assent, see s. 49(1)

13 E+W In subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”.

Commencement Information

I23 Sch. 3 para. 13 not in force at Royal Assent, see s. 49(1)

14 E+W In subsection (5), after “subsection (1)” insert “or (1A)”.

Commencement Information

I24 Sch. 3 para. 14 not in force at Royal Assent, see s. 49(1)

15 E+W In consequence of the amendments made by paragraphs 10 to 14, in the table in section 177J(5) of the Armed Forces Act 2006 (extension of driving disqualification where custodial sentence or service detention also imposed), in row 2, for “terrorist” substitute “certain”.

Commencement Information

I25 Sch. 3 para. 15 not in force at Royal Assent, see s. 49(1)

16 E+W In paragraph 15 of Schedule 26 to the Sentencing Act 2020 (amendment of section 224A of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution), after sub-paragraph (a) insert—

“(aa) in subsection (1B)(c)(i) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) omit “or custody”;

(ab) in subsection (1B)(c)(ii) (as inserted by paragraph 5 of Schedule 3 to the Sentencing Act 2026) for “detention or imprisonment under section 266 or 279” substitute “imprisonment under section 279”;

(ac) in subsection (1B)(c)(iii) (as inserted by paragraph 6 of Schedule 3 to the Sentencing Act 2026), for “detention or imprisonment under section 268A or 282A” substitute “imprisonment under section 282A”.”

Commencement Information

I26 Sch. 3 para. 16 not in force at Royal Assent, see s. 49(1)

Section 30(4)

Schedule 4 E+W Offences where offender not eligible for automatic release under section 255BA after recall

Commencement Information

I27 Sch. 4 not in force at Royal Assent, see s. 49(1)

I28 Sch. 4 in force at 31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 by S.I. 2026/86, regs. 3(b)(v), 4

This is the Schedule to be inserted in the Criminal Justice Act 2003 after Schedule 19ZA—

Section 255A(8)(d)

“Schedule 19ZB E+W Offences where offender not eligible for release at the end of the section 255BA automatic release period

Official Secrets Act 1911

1 An offence under section 7 of the Official Secrets Act 1911 (harbouring spies).

Official Secrets Act 1989

2 An offence under the Official Secrets Act 1989 other than an offence under section 8(1), (4) or (5).

Terrorism Act 2000

3 An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 13 (uniform and publication of images);

(b) section 21D (tipping off: regulated sector);

(c) section 36(2) (failure to comply with an order, etc of constable in connection with terrorist investigation);

(d) section 51(2) (failure to move a vehicle when required to do so);

(e) section 116(3) (failure to stop a vehicle when required to do so);

(f) section 120B (offences in relation to counter-terrorism financial investigators);

(g) in Schedule 5 (terrorist investigations: information)—

(i) paragraph 3(7) (wilfully obstructing a search of a cordoned area);

(ii) paragraph 14 (making a false or misleading statement in connection with a terrorist investigation);

(iii) paragraph 15(4) (wilfully obstructing an urgent search);

(iv) paragraph 16(3) (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland);

(v) paragraph 32(3) (failure to comply with an urgent explanation notice: Scotland);

(h) in Schedule 5A (terrorist financing investigations: disclosure orders)—

(i) paragraph 11 (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland);

(ii) paragraph 21 (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland);

(i) paragraph 1(3) of Schedule 6 (failure to comply with requirement to provide financial information);

(j) paragraph 18 of Schedule 7 (port and border controls: failure to comply with duty, etc).

Counter-Terrorism Act 2008

4 An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a) paragraph 15 of Schedule 5 (breach of foreign travel restriction order);

(b) in Schedule 7 (terrorist financing and money laundering)—

(i) paragraph 30 (failure to comply with requirement imposed by direction);

(ii) paragraph 30A (circumvention of requirement imposed by direction);

(iii) paragraph 31 (offences in connection with licences).

Counter-Terrorism and Security Act 2015

5 An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over travel documents or hindering a search).

Counter-Terrorism and Border Security Act 2019

6 An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty relating to border security or obstructing a search).

National Security Act 2023

7 An offence under any of the following provisions of the National Security Act 2023—

(a) section 5(1) (unauthorised entry to a prohibited place);

(b) section 6(4) (failure to comply with instructions of constable around a prohibited place);

(c) section 11(4) (failure to comply with police cordon);

(d) section 69(5) (requirement to register foreign influence arrangements);

(e) section 71(2) or (3) (carrying out political influence activities pursuant to unregistered foreign influence arrangement);

(f) section 72(6) (failure to register political influence activities of foreign powers);

(g) section 74(8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72 (failure to submit material change in relation to foreign influence arrangement or political influence activity registrations);

(h) section 75(8) committed in relation to an information notice given under section 75(2) (failure to comply with a requirement to provide information);

(i) section 77(3) or (4) (providing false information);

(j) section 78(2) (carrying out activities under arrangements tainted by false information);

(k) in Schedule 2 (powers of entry, search and seizure)—

(i) paragraph 11(1) (providing false or misleading response to an order requiring explanation of material);

(ii) paragraph 12(5) (wilfully obstructing an urgent search);

(iii) paragraph 14(3) (failure to comply with an urgent notice);

(l) in Schedule 3 (disclosure orders)—

(i) paragraph 7(1) (failure to comply with a disclosure order);

(ii) paragraph 7(3) (making a false or misleading statement in response to a disclosure order);

(m) paragraph 6(1) of Schedule 4 (failure to comply with a customer information order).

Acting for foreign power

8 An offence in relation to which, under section 20 of the National Security Act 2023 (aggravating factor where foreign power condition met: Northern Ireland), the foreign power condition has been determined to have been met in relation to the conduct that constituted the offence.

9 An offence to which section 21 of that Act applies (aggravating factor where foreign power condition met: Scotland).

Inchoate offences

10 An attempt to commit an offence specified in a preceding paragraph of this Schedule (“a listed offence”).

11 Conspiracy to commit a listed offence.

12 An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

13 Incitement to commit a listed offence.

14 Aiding, abetting, counselling or procuring the commission of a listed offence.

Service offences

15 (1) A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes—

(a) a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A,

(b) a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and

(c) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A.

(2) Section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) of sub-paragraph (1) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.”

Prospective

Section 34(3)

Schedule 5 E+W Repeal of provisions relating to supervision after end of sentence: consequential provision

Part 1 E+W Amendments consequential on repeals made by section 34

Crime (Sentences) Act 1997 E+W

1 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

Commencement Information

I29 Sch. 5 para. 1 not in force at Royal Assent, see s. 49(1)

2 (1) Paragraph 6 (effect of transfer) is amended as follows.

(2) In sub-paragraph (2)(b), for “, possible recall following release and any supervision default order” substitute “and possible recall following release”.

(3) In sub-paragraph (2)(c), for “, possible recall and any supervision default order” substitute “and possible recall”.

(4) In sub-paragraph (3), omit paragraph (c).

(5) In sub-paragraph (4), omit the definition of “supervision default order”.

Commencement Information

I30 Sch. 5 para. 2 not in force at Royal Assent, see s. 49(1)

3 (1) Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) omit “19A,”;

(b) for “, 242 and 247” substitute “and 242”.

(3) In sub-paragraph (4)(a)—

(a) omit “19A,”;

(b) for “sections 242 and 247” substitute “section 242”.

(4) In sub-paragraph (8)—

(a) omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b));

(b) in the words after paragraph (c), for “paragraphs 8A, 19A and 19B” substitute “paragraph 19A”.

(5) In sub-paragraph (9)—

(a) in paragraph (a), for “256AA to 256E of, and Schedule 19A to,” substitute “256B to 256E of”;

(b) omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b)).

(6) In the Table in sub-paragraph (10), omit the entry for “Young offender institution”.

(7) Omit sub-paragraphs (11) and (12).

Commencement Information

I31 Sch. 5 para. 3 not in force at Royal Assent, see s. 49(1)

4 Omit paragraph 8A (further provision about supervision default orders) and the italic heading before it.

Commencement Information

I32 Sch. 5 para. 4 not in force at Royal Assent, see s. 49(1)

5 (1) Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

(2) In sub-paragraph (2)(a), for “, 242 and 247” substitute “and 242”.

(3) In sub-paragraph (4)(a), for “sections 242 and 247” substitute “section 242”.

(4) Omit sub-paragraphs (9) to (12).

Commencement Information

I33 Sch. 5 para. 5 not in force at Royal Assent, see s. 49(1)

6 Omit paragraph 19B (electronic monitoring in Scotland of requirements in supervision default order) and the italic heading before it.

Commencement Information

I34 Sch. 5 para. 6 not in force at Royal Assent, see s. 49(1)

7 In paragraph 20(1) (interpretation), in the definition of “supervision”, omit paragraph (d) (but not the “or” at the end of it).

Commencement Information

I35 Sch. 5 para. 7 not in force at Royal Assent, see s. 49(1)

Crime and Disorder Act 1998 E+W

8 In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”)—

(a) omit paragraph (ha);

(b) omit paragraph (ib).

Commencement Information

I36 Sch. 5 para. 8 not in force at Royal Assent, see s. 49(1)

Criminal Justice Act 2003 E+W

9 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 256D (drug testing requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(3) In section 256E (drug appointment requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(4) In section 264 (consecutive terms)—

(a) in subsection (3C), omit paragraph (b);

(b) omit subsection (3D).

(5) In section 268 (interpretation)—

(a) in subsection (1)—

(i) omit the definition of “offender subject to supervision under this Chapter”;

(ii) omit the definition of “supervision default order”;

(iii) omit the definition of “the supervision period”;

(iv) in the definition of “the supervisor”, omit paragraph (a) (and the “and” at the end of that paragraph);

(b) in subsection (2), omit “256AA(1),”.

(6) In section 302 (execution of process between England and Wales and Scotland)—

(a) omit “section 256AC(1) or (3),”;

(b) omit “paragraph 8(1) or 10(5) of Schedule 19A,” (and the “or” that appears before those words).

(7) In section 330(5)(a) (orders subject to affirmative procedure)—

(a) omit “section 256AB(4),”;

(b) omit “paragraph 6 of Schedule 19A,”.

(8) In Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases)—

(a) in paragraph 22, omit sub-paragraph (3A);

(b) in paragraph 33, omit sub-paragraph (4).

Commencement Information

I37 Sch. 5 para. 9 not in force at Royal Assent, see s. 49(1)

Offender Management Act 2007 E+W

10 In section 4(3) of the Offender Management Act 2007 (restriction on arrangements for the provision of probation services)—

(a) at the end of paragraph (a) insert “or”;

(b) omit paragraph (c) (and the “or” before it).

Commencement Information

I38 Sch. 5 para. 10 not in force at Royal Assent, see s. 49(1)

Sentencing Code E+W

11 (1) The Sentencing Code is amended as follows.

(2) In section 45 (occasions where criminal courts charge duty arises), omit paragraph (c).

(3) In section 46(2) (criminal courts charge duty), in the definition of “relevant failure”—

(a) at the end of paragraph (a), insert “or”;

(b) omit paragraph (c) (and the “or” before it).

(4) In section 238(3) (offender subject to more than one order), omit “and 247”.

(5) In section 248(2) (interpretation), for “, 242 and 247” substitute “and 242”.

Commencement Information

I39 Sch. 5 para. 11 not in force at Royal Assent, see s. 49(1)

Part 2 E+W Repeal of provision which inserts or amends provision repealed by section 34 or Part 1 of this Schedule

Offender Rehabilitation Act 2014 E+W

12 (1) The Offender Rehabilitation Act 2014 is amended as follows.

(2) In section 2, omit subsections (2) and (4)(a).

(3) Omit section 3.

(4) In section 5, omit subsections (6) to (8).

(5) In Schedule 1, omit Part 1.

(6) Omit Schedule 2.

(7) In Schedule 3, omit—

(a) paragraph 2(2), (3) and (5);

(b) paragraph 4;

(c) paragraph 5(5);

(d) paragraph 9(2);

(e) in paragraph 23(4)—

(i) the definition of “offender subject to supervision under this Chapter”;

(ii) the definition of “supervision default order”;

(iii) the definition of “the supervision period”;

(f) paragraph 24(4);

(g) paragraph 25.

Commencement Information

I40 Sch. 5 para. 12 not in force at Royal Assent, see s. 49(1)

Criminal Justice and Courts Act 2015 E+W

13 (1) The Criminal Justice and Courts Act 2015 is amended as follows.

(2) In Schedule 1, omit paragraph 18.

(3) In Schedule 12, omit paragraph 14.

Commencement Information

I41 Sch. 5 para. 13 not in force at Royal Assent, see s. 49(1)

Sentencing Act 2020 E+W

14 (1) Schedule 24 to the Sentencing Act 2020 is amended as follows.

(2) In paragraph 149, omit—

(a) sub-paragraph (3)(d) to (f);

(b) sub-paragraph (4)(c);

(c) sub-paragraph (5)(c).

(3) In paragraph 154—

(a) omit paragraph (c);

(b) omit paragraph (e).

(4) Omit paragraphs 229 to 231.

(5) Omit paragraph 248.

(6) In paragraph 262, omit paragraph (c).

Commencement Information

I42 Sch. 5 para. 14 not in force at Royal Assent, see s. 49(1)

Terrorist Offenders (Restriction of Early Release) Act 2020 E+W

15 In the Terrorist Offenders (Restriction of Early Release) Act 2020, omit section 7(3).

Commencement Information

I43 Sch. 5 para. 15 not in force at Royal Assent, see s. 49(1)

Police, Crime, Sentencing and Courts Act 2022 E+W

16 In the Police, Crime, Sentencing and Courts Act 2022, omit section 150(8).

Commencement Information

I44 Sch. 5 para. 16 not in force at Royal Assent, see s. 49(1)