Sentencing Act 2026

Prospective

26 Limitation of provisions about home detention curfew E+W

(1) The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (5).

(2) In section 246 (power to release prisoners on licence before required to do so)—

(a) in the heading, after release insert “certain”;

(b) for subsection (1) substitute—

“(1) Subject to subsections (1A), (2) and (4), the Secretary of State may release on licence under this section a fixed-term prisoner serving only one or more sentences under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period.”;

(c) after subsection (1) insert—

“(1A) Subsection (1) does not apply to a prisoner to whom section 244ZA or 247A applies.”;

(d) in subsection (2), in the opening words, for “(1)(a)” substitute “(1)”;

(e) in subsection (4)(ac)—

(i) in sub-paragraph (i), for “244ZA(4)(c), (5)(c) and (6)(c)” substitute “244ZA(6)(c)”;

(ii) at the end of that sub-paragraph insert “and”;

(iii) omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph;

(f) omit subsection (4)(d);

(g) in subsection (4A)—

(i) omit paragraph (a) and the “and” at the end of that paragraph;

(ii) in paragraph (b), for “that Act” substitute “the Armed Forces Act 2006”;

(h) in subsection (5)(a), for “(1)(a)” substitute “(1)”;

(i) in subsection (6)—

(i) for the definition of “the requisite custodial period” substitute—

• ““the requisite custodial period”—

  (a)

  means, for the purposes of subsection (4)(gb)(ii), the period mentioned in section 244(3)(a) (subject to sections 263 and 264);

  (b)

  otherwise, in relation to a person serving any sentence, has the meaning given by paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) or (d) of section 244(3);”;

(ii) omit the definition of “term of imprisonment”.

(3) In section 255BA (automatic release: other offenders) (as inserted by section 32(2))—

(a) in subsection (2), for the words from “means—” to the end of the subsection substitute “means the period of 56 days beginning with the day on which P returns to custody.”;

(b) in subsection (10), for the words from “either or both” to the end of the subsection substitute “subsection (2) so as to alter the period for the time being specified in that subsection.”

(4) In section 255C(6) (prisoners excluded from automatic release), after “if P” insert “is a relevant young offender who”.

(5) In section 264AA(1A) (consecutive terms: detention and training orders), for “246(1)(a)” substitute “246(1)”;

(6) In consequence of the amendments made by this section—

(a) in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(i) omit section 112(6);

(ii) in Schedule 20, omit paragraph 5(3);

(b) in the Criminal Justice and Courts Act 2015, in Schedule 1, omit paragraph 7(3);

(c) in the Sentencing Act 2020, in Schedule 24, omit paragraph 224(2)(b) and (3);

(d) the Criminal Justice Act 2003 (Home Detention Curfew) Order 2023 (S.I. 2023/390) is revoked;

(e) in the Victims and Prisoners Act 2024, omit section 68(2);

(f) in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), omit article 2.

(7) The amendments made by this section do not apply in relation to a person who, immediately before the day on which this section comes into force, is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.

Commencement Information

I1 S. 26 not in force at Royal Assent, see s. 49(1)