Sentencing Act 2026

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

I1 S. 38 not in force at Royal Assent, see s. 49(1)