Sentencing Act 2026

8 Sentence with fixed licence period: Scotland E+W

(1) Section 205ZC of the Criminal Procedure (Scotland) Act 1995 (terrorism sentence with fixed licence period) is amended in accordance with subsections (2) to (5).

(2) In the heading, omit “Terrorism”.

(3) After subsection (1) insert—

“(1A) This section also applies where—

(a) a person is convicted on indictment of an offence specified in Part 2 of Schedule 5ZB on or after the day on which section 8 of the Sentencing Act 2026 comes into force, and

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

(i) a sentence of imprisonment for life,

(ii) a sentence of detention for life,

(iii) an order for lifelong restriction under section 210F,

(iv) a serious terrorism sentence of imprisonment under section 205ZA(2),

(v) a serious terrorism sentence of detention under section 205ZA(6), or

(vi) an extended sentence under section 210A.

(1B) For the purposes of subsection (1A), an offence is associated with another if—

(a) the offender—

(i) is convicted of it in the proceedings in which the offender is convicted of the other offence, or

(ii) (although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or

(b) in the proceedings in which the offender is sentenced for the other offence, the offender—

(i) admits having committed it, and

(ii) asks the court to take it into consideration in sentencing for that other offence.”

(4) In subsection (2), in paragraph (b), for the words from “before the day” to the end of the paragraph substitute “—

(i) if the offence is a terrorism offence, before the day on which section 23 of the Counter-Terrorism and Sentencing Act 2021 came into force;

(ii) if the offence is an offence specified in Part 2 of Schedule 5ZB, before the day on which section 8 of the Sentencing Act 2026 came into force.”

(5) In subsection (8)(a), after “specified in” insert “Part 1 of”.

(6) Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (terrorism offences) is amended in accordance with subsections (7) to (11).

(7) For the Schedule heading substitute “Offences specified for the purpose of section 205ZC (sentence with fixed licence period)”.

(8) After the Schedule heading (and so that the existing text in the Schedule becomes Part 1 of the Schedule) insert—

“Part 1

Terrorism Offences”

(9) In paragraph 7(1) (ancillary offences), after “Part” insert “of this Schedule”.

(10) In paragraph 8 (abolished offences)—

(a) in paragraph (a), after “this” insert “Part of this”;

(b) in paragraph (b), after “this”, in the first place it occurs, insert “Part of this”.

(11) At the end of the Schedule insert—

“Part 2 E+W Offences involving or connected with a threat to national security

Official Secrets Act 1911

9 An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

10 An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

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

(a) section 1 (obtaining or disclosing protected information);

(b) section 2 (obtaining or disclosing trade secrets);

(c) section 3 (assisting a foreign intelligence service);

(d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e) section 12 (sabotage);

(f) section 13 (foreign interference);

(g) section 17 (obtaining etc material benefits from a foreign intelligence service);

(h) section 18 (preparatory conduct);

(i) section 56 (offences relating to Part 2 notices);

(j) section 65 (requirement to register foreign activity arrangements);

(k) section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l) section 68 (failure to register relevant activities of specified persons);

(m) section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n) section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o) section 77(1) or (2) (provision of false information);

(p) section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

12 An offence—

(a) to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b) in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Ancillary offences

13 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

Certain other offences where foreign power condition met

14 An offence, other than one for which the sentence is fixed by law as life imprisonment—

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

(b) in relation to which section 21 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Scotland).”

(12) Part 1 of Schedule 2 makes consequential provision.

Commencement Information

I1 S. 8 in force at 22.3.2026, see s. 49(4)