Sentencing Act 2026

After section 264 insert—

“264APresumption of suspended sentence order: offender under 21

(1)

This section applies where the court imposes a sentence of detention in a young offender institution for an offence where—

(a)

the offender is aged at least 18 but under 21 when convicted of the offence,

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 264).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

pursuant to an order under section 214 of that Act (detention for commission of offence during currency of detention and training order etc),

(iii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iv)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(v)

having been committed to custody by an order of a service court,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court,

(b)

remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

(c)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(6)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(7)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”

After section 277 insert—

“277APresumption of suspended sentence order: person aged 21 or over

(1)

This section applies where the court imposes a sentence of imprisonment for an offence where—

(a)

the offender is aged 21 or over when convicted of the offence,

(b)

the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force,

(c)

the term of the sentence is not more than 12 months, and

(d)

a suspended sentence order is available in relation to that sentence (see section 277).

(2)

The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a)

relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)

justify not making the order.

(3)

But this section does not apply if—

(a)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a custodial sentence or a pre-Code custodial sentence,

(ii)

having been remanded in custody in connection with another offence which is not an associated offence, or

(iii)

having been committed to custody by an order of a court,

(b)

when the sentence is imposed the offender is in custody—

(i)

pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act),

(ii)

having been kept in service custody in connection with another offence which is not an associated offence,

(iii)

having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006,

(iv)

having been committed to custody by an order of a service court, or

(v)

pursuant to a pre-Armed Forces Act 2006 custodial sentence,

(c)

when the sentence is imposed the offender is detained in a hospital pursuant to—

(i)

a hospital order within the meaning of section 37 of the Mental Health Act 1983,

(ii)

an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or

(iii)

a direction under section 45A or 47 of the Mental Health Act 1983,

(d)

the sentence of imprisonment is one of two or more sentences imposed on the same occasion where—

(i)

the term of any of those sentences is more than 12 months, or

(ii)

those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months,

(e)

the offence, or an associated offence, is an offence—

(i)

in respect of which the offender is, or has been, subject to a supervision order, and

(ii)

for which the court is re-sentencing the offender,

(f)

the offence, or an associated offence, was committed while the offender was subject to a supervision order,

(g)

the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of—

(i)

an order of a court, or

(ii)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or

(h)

the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.

(4)

For the purposes of subsection (3)(a)(ii), a person is remanded in custody if—

(a)

remanded in or committed to custody by order of a court, or

(b)

remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983.

(5)

For the purposes of subsection (3)(b)(v), “pre-Armed Forces Act 2006 custodial sentence” means any of the following—

(a)

a sentence of imprisonment passed by—

(i)

a court-martial,

(ii)

a Standing Civilian Court,

(iii)

the Court Martial Appeal Court before 31 October 2009, or

(iv)

the House of Lords or the Supreme Court, before 31 October 2009, on an appeal brought from a decision of the Court Martial Appeal Court;

(b)

a sentence of custody for life under section 71A(1A) or (1B) of the Army Act 1955 or the Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957;

(c)

a sentence of detention during Her Majesty’s pleasure under section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;

(d)

a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(e)

a custodial order under—

(i)

section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955 or Air Force Act 1955, or

(ii)

section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.

(6)

The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h).

(7)

Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply.

(8)

In this section—

“order of a court” includes an order of a tribunal;

“supervision order” means any of the following—

(a)

a community order;

(b)

a detention and training order;

(c)

an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act);

(d)

a referral order;

(e)

a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act);

(f)

a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act);

(g)

a suspended sentence order;

(h)

a youth rehabilitation order.”

After section 200 insert—

“200ZAModifications of sections 264 and 277 of the Sentencing Code

(1)

Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a)

the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);

(b)

the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);

(c)

the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d)

the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

(2)

Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a)

the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(b)

the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;

(c)

the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d)

the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.”

In the Sentencing Code, in Part 7 (financial orders and orders relating to property), after Chapter 4 insert—

“Chapter 5Income reduction orders

161AIncome reduction order

(1)

In this Code “income reduction order” means an order under this Chapter that—

(a)

is made in respect of an offender for an offence, and

(b)

requires the offender, for the period in respect of which the order has effect, to pay such percentage of the offender’s excess monthly income as is determined by the court.

(2)

For the purposes of subsection (1)(b), “the offender’s excess monthly income” means such of the offender’s monthly income as exceeds an amount specified in regulations made by the Secretary of State.

(3)

For the purposes of subsection (2), “monthly income” means monthly income after deduction of such amounts as may be specified in the regulations.

(4)

The regulations may make further provision about how the court is to determine the offender’s monthly income.

(5)

The amount specified under subsection (2) must not be less than an amount equal to 170 times the hourly amount of the national minimum wage.

(6)

For further provision about determining the percentage of the offender’s excess monthly income payable under an income reduction order, see section 161B.

(7)

In this section “national minimum wage” means such single hourly rate as is for the time being specified in regulations under section 1(3) of the National Minimum Wage Act 1998.

161BDetermining the amount payable under an income reduction order

(1)

The Secretary of State must by regulations make provision about how the court is to determine the percentage of the offender’s excess monthly income payable under an income reduction order.

(2)

Provision made by regulations under subsection (1) must secure that the percentage determined by the court does not exceed a specified percentage.

(3)

The percentage specified by virtue of subsection (2) must not exceed twenty per cent.

(4)

Provision made by virtue of subsection (1) may include provision for the percentage to depend on (among other things)—

(a)

the offence or offences committed;

(b)

how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine);

(c)

the age of the offender.

(5)

In this section, “specified” means specified in the regulations.

161CFurther provision about income reduction orders

(1)

The Secretary of State may by regulations make such further provision about income reduction orders as the Secretary of State considers appropriate.

(2)

Regulations under subsection (1) may make provision about payments under an income reduction order including (among other things)—

(a)

provision about the form and manner in which payments must or may be made;

(b)

provision for payments to be made to a specified person, or a person of a specified description;

(c)

provision about the date by which, or period within which, payments must be made;

(d)

provision about interest on any unpaid amounts payable under an income reduction order.

(3)

Regulations under subsection (1) may—

(a)

make provision for monitoring compliance with income reduction orders;

(b)

make provision for the enforcement of income reduction orders, including provision about the recovery of any unpaid amounts under an income reduction order;

(c)

make provision about appeals.

(4)

The provision that may be made by virtue of subsection (3)(a)and (b) includes—

(a)

provision for a specified person, or a person of a specified description, to require the provision of documents or information;

(b)

provision for a specified person, or a person of a specified description, to require the offender to attend at a place and answer questions.

(5)

In this section, “specified” means specified in the regulations.

161DIncome reduction order: availability

(1)

An income reduction order is available to a court by or before which an offender is convicted of an offence where—

(a)

the offence is committed on or after the date on which section 3 of the Sentencing Act 2026 comes fully into force,

(b)

the offender is aged at least 18 when convicted of the offence,

(c)

the court imposes a suspended sentence order in relation to—

(i)

the offence, or

(ii)

a combination of the offence and one or more offences associated with it, and

(d)

when the sentence is imposed—

(i)

the offender’s monthly income exceeds such amount as is specified in regulations under section 161A(2), or

(ii)

it appears to the court that the offender’s monthly income will exceed that amount during the operational period of the suspended sentence order.

(2)

The Secretary of State may, by regulations, make provision about circumstances in which a court may not make an income reduction order.

(3)

Where an income reduction order is available, the court may make such an order whether or not it also deals with the offender for the offence in any other way.

161EMaking an income reduction order

(1)

An income reduction order must specify—

(a)

the percentage of the offender’s excess monthly income payable under the order,

(b)

the period for which the order has effect,

(c)

the date or dates by which payments under the order must be made, and

(d)

the person to whom payments under the order must be made.

(2)

The period for which the order has effect may not exceed the operational period of the suspended sentence order mentioned in section 161D(1)(c).

(3)

In determining—

(a)

whether to make an income reduction order against an offender, or

(b)

the percentage of the offender’s excess monthly income payable under the order,

the court must have regard to the offender’s means, so far as they appear or are known to the court.

(4)

Where the court considers—

(a)

that it would be appropriate to impose both an income reduction order and one or more of—

(i)

a compensation order,

(ii)

an unlawful profit order, or

(iii)

a slavery and trafficking reparation order, but

(b)

that the offender has insufficient means to pay both the income reduction order and appropriate amounts under such of those orders as it would be appropriate to make,

the court must give preference to such of the orders in paragraph (a)(i)to (iii) as it would be appropriate to make (though it may impose an income reduction order as well).

(5)

For the effect of proceedings in relation to confiscation orders on the court’s powers in relation to income reduction orders, see the following provisions of the Proceeds of Crime Act 2002—

(a)

section 13 (where confiscation order has been made);

(b)

section 15 (where proceedings on a confiscation order have been postponed).

(6)

In this section—

“the operational period” has the meaning given by section 288(2);

“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

161FVariation or discharge of income reduction order

(1)

An income reduction order may be varied or discharged by the court that made it if, on an application by a person within subsection (2), it appears to the court, having regard to any change in the circumstances since the order was made, to be appropriate to do so.

(2)

The persons are—

(a)

the offender;

(b)

an officer of a provider of probation services.

(3)

The power to vary an order includes power to decrease the percentage of the offender’s excess monthly income payable under the order.

(4)

But the court may not exercise the power in subsection (1) so as to increase the percentage payable under the order.

161GIncome reduction orders: supplementary

(1)

In this Chapter—

“income” means income chargeable to income tax within the meaning of the Income Tax Acts;

“monthly income” has the meaning given by section 161A(3);

“the offender’s excess monthly income” has the meaning given by section 161A(2);

“primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

a Measure or Act of Senedd Cymru, or

(d)

Northern Ireland legislation.

(2)

The Secretary of State may by regulations amend the definition of “income” in subsection (1).

(3)

Regulations under this Chapter may amend primary legislation.

(4)

Regulations under this Chapter are subject to the affirmative resolution procedure.”

In Schedule 9 to the Administration of Justice Act 1970 (enforcement of orders for costs, compensation etc.), after paragraph 10 insert—

“10A

Where under Chapter 5 of Part 7 of the Sentencing Code a court makes an income reduction order.”

In subsection (2), for the words from “more than” to the end of the subsection substitute “—

(a)

more than 6 months after the date on which the order is made, if the offender was convicted of the offence, or any of the offences, before the relevant date, or

(b)

more than 12 months after the date on which the order is made, if the offender was convicted of the offence, or all of the offences, on or after the relevant date.”

After that subsection insert—

“(2A)

In subsection (2) “the relevant date” means the date on which section 5 of the Sentencing Act 2026 came into force.”

In Part 3 of the Sentencing Code (sentencing procedure), after Chapter 5 insert—

“Chapter 6Finding of domestic abuse

56AFinding of domestic abuse

(1)

This section applies if—

(a)

a court is passing sentence for an offence, and

(b)

the court is of the view that the offence involved domestic abuse carried out by the offender.

(2)

The court must, in open court, state that in its view the offence involved domestic abuse carried out by the offender.

(3)

This section is without prejudice to any duty imposed on the court by section 59 or 60 to follow sentencing guidelines in dealing with the offender for the offence.

(4)

In this section “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act).”

In the Armed Forces Act 2006, after section 253 insert—

“Finding of domestic abuse

253AFinding of domestic abuse

(1)

This section applies if—

(a)

a court or officer is passing sentence for a service offence, and

(b)

the court or officer is of the view that the offence involved domestic abuse carried out by the offender.

(2)

The court or officer must, in open court, state that in the court’s or officer’s view the offence involved domestic abuse carried out by the offender.

(3)

In its application to a court, this section is without prejudice to any duty imposed on the court by section 259 to have regard to guidelines in dealing with the offender for the offence.

(4)

In this section—

“domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act);

“sentence” includes any order made when dealing with the offender in respect of an offence.”

In Schedule 13 (special sentence for offenders of particular concern: offences), after Part 2 insert—

“Part 3Offences involving or connected with a threat to national security

Official Secrets Act 1911

13

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

Official Secrets Act 1920

14

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

15

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

16

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.

Inchoate offences

17

An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Certain other offences where foreign power condition met

18

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)

where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.”

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.”

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.”

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

“Part 1Terrorism Offences”

At the end of the Schedule insert—

“Part 2Offences 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).”

After paragraph (2) insert—

“(2A)

This Article also applies where—

(a)

a person is convicted after the commencement of section 9 of the Sentencing Act 2026 of an offence specified in Schedule 2B (offences involving or connected with a threat to national security specified for the purposes of Article 15A),

(b)

the court does not impose, in respect of the offence or any offence associated with it, a life sentence, an indeterminate custodial sentence, a serious terrorism sentence or an extended custodial sentence, and

(c)

the court decides to impose a custodial sentence.

(2B)

But this Article does not apply by virtue of paragraph (2A) where—

(a)

the offender is under the age of 21 when convicted of the offence, and

(b)

the offence was committed before the commencement of section 9 of the Sentencing Act 2026.”

In the Criminal Justice (Northern Ireland) Order 2008, after Schedule 2A insert—

“Schedule 2BOffences involving or connected with a threat to national security specified for the purposes of Article 15A

Article 15A(2A)

Official Secrets Act 1911

1

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

Official Secrets Act 1920

2

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

3

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

4

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

5

(1)

In the preceding paragraphs of this Schedule any reference to an offence includes an ancillary offence in relation to that offence (unless the reference is specifically to an ancillary offence).

(2)

“Ancillary offence”, in relation to an offence, means any of the following—

(a)

aiding, abetting, counselling or procuring the commission of the offence;

(b)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;

(c)

attempting or conspiring to commit the offence.

(3)

In sub-paragraph (2)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement.

Certain other offences where foreign power condition met

6

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 20 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Northern Ireland).”

In section 201 (community order requirements table), in the table, after the entry relating to the prohibited activity requirement insert—

“driving prohibition requirement

Part 4A

section 207(A1)”.

In section 287 (community requirements table), in the table, after the entry relating to the prohibited activity requirement insert—

“driving prohibition requirement

Part 4A

section 291(A1)”.

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4 insert—

“Part 4ADriving prohibition requirement

8A

(1)

In this Code “driving prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from driving a motor vehicle on a road or other public place.

(2)

A driving prohibition requirement may prohibit the offender—

(a)

from driving at any time in a particular period or at particular times in a particular period;

(b)

from driving any motor vehicle or a motor vehicle of a particular kind;

(c)

from driving on any road or other public place or on a road or other public place in a particular area.

(3)

Where the court makes a relevant order imposing a driving prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from driving at particular times, those times;

(c)

if the order prohibits the offender from driving a motor vehicle of a particular kind, that kind of motor vehicle;

(d)

if the order prohibits the offender from driving on a road or other public place in a particular area, that area.

(4)

A court may impose a driving prohibition requirement whether or not the offence to which the order relates involved—

(a)

the driving of a motor vehicle, or

(b)

the use of a motor vehicle to commit the offence.

(5)

In this paragraph—

“motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

“road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).”

In section 201 (community order requirements table), in the table, after the entry relating to the driving prohibition requirement (inserted by section 14(3)), insert—

“public event attendance prohibition requirement

Part 4B

section 207(B1)”.

In section 207 (availability of community order requirements), after subsection (A1) (inserted by section 14(4)(a)) insert—

“B1Public event attendance prohibition requirement

A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(3) of the Sentencing Act 2026 came into force.”

In section 287 (community requirements table), in the table, after the entry relating to the driving prohibition requirement (inserted by section 14(5)), insert—

“public event attendance prohibition requirement

Part 4B

section 291(B1)”.

In section 291 (availability of community requirements), after subsection (A1) (inserted by section 14(6)(a)) insert—

“B1Public event attendance prohibition requirement

A public event attendance prohibition requirement is not an available requirement if the offence was committed before the day on which section 15(5) of the Sentencing Act 2026 came into force.”

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4A (inserted by section 14(7)) insert—

“Part 4BPublic event attendance prohibition requirement

8B

(1)

In this Code “public event attendance prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from attending a public event.

(2)

A public event attendance prohibition requirement may prohibit the offender from attending a public event at any time in a particular period or at particular times in a particular period.

(3)

A public event attendance prohibition requirement may prohibit the offender from attending—

(a)

a particular public event,

(b)

a public event of a particular kind, or

(c)

any public event.

(4)

Where the court makes a relevant order imposing a public event attendance prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from attending a public event at particular times, those times;

(c)

if the order prohibits the offender from attending a particular event, that public event;

(d)

if the order prohibits the offender from attending a public event of a particular kind, that kind of public event.

(5)

In this paragraph “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.”

In section 201 (community order requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(2)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 207(C1)”.

In section 207 (availability of community order requirements), after subsection (B1) (inserted by section 15(3)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(3) of the Sentencing Act 2026 came into force.”

In section 287 (community requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(4)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 291(C1)”.

In section 291 (availability of community requirements), after subsection (B1) (inserted by section 15(5)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(5) of the Sentencing Act 2026 came into force.”

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4B (inserted by section 15(6)) insert—

“Part 4CDrinking establishment entry prohibition requirement

8C

(1)

In this Code “drinking establishment entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering a drinking establishment.

(2)

A drinking establishment entry prohibition requirement may prohibit the offender from entering a drinking establishment at any time in a particular period or at particular times in a particular period.

(3)

A drinking establishment entry prohibition requirement may prohibit the offender from entering—

(a)

a particular drinking establishment,

(b)

a drinking establishment of a particular kind, or

(c)

any drinking establishment.

(4)

Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from entering a drinking establishment at particular times, those times;

(c)

if the order prohibits the offender from entering a particular drinking establishment, that drinking establishment;

(d)

if the order prohibits the offender from entering a drinking establishment of a particular kind, that kind of drinking establishment.

(5)

In this paragraph “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”

In section 201 (community order requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(2)), insert—

“restriction zone requirement

Part 4D

section 207(D1)”.

In section 207 (availability of community order requirements), after subsection (C1) (inserted by section 16(3)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(3) of the Sentencing Act 2026 came into force.”

In section 212(3) (persons to whom partial copy of community order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In section 287 (community requirements table), in the table, after the entry relating to the drinking establishment entry prohibition requirement (inserted by section 16(4)), insert—

“restriction zone requirement

Part 4D

section 291(D1)”.

In section 291 (availability of community requirements), after subsection (C1) (inserted by section 16(5)) insert—

“D1Restriction zone requirement

A restriction zone requirement is not an available requirement if the offence was committed before the day on which section 17(6) of the Sentencing Act 2026 came into force.”

In section 298(3) (persons to whom partial copy of suspended sentence order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In paragraph 27(4) of Schedule 10 (persons to whom partial copy of amending order must be provided) in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In paragraph 17(3) of Schedule 11 (persons to whom partial copy of community order or amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In paragraph 28(4) of Schedule 16 (persons to whom partial copy of amending order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In paragraph 13(5) of Schedule 17 (persons to whom partial copy of transferring order must be provided), in the table, before the entry relating to an exclusion requirement insert—

“A restriction zone requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender

The person intended to be protected”.

In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—

“(iia)

paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders),”.

In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—

“Power to add or alter requirements

13A

(1)

The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—

(a)

add a relevant requirement;

(b)

make provision about a relevant requirement added pursuant to paragraph (a);

(c)

alter provision about a relevant requirement that applies for the time being.

(2)

In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.

(3)

Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(4)

Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.

(5)

Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.

(6)

Regulations under this paragraph are subject to the affirmative resolution procedure.”

In section 244(3) (requisite custodial period for prisoners not subject to special provision for release), for paragraph (a) substitute—

“(a)

in relation to a prisoner serving one sentence imposed under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code, one-half of the sentence,

(aa)

in relation to a prisoner serving one sentence of any other kind, one-third of the sentence,”.

In section 244ZA(8) (requisite custodial period for certain violent or sexual offenders), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—

“(a)

in relation to a prisoner serving one sentence within subsection (4) or (5), one-half of the prisoner’s sentence,

(aa)

in relation to a prisoner serving one sentence within subsection (6), two-thirds of the prisoner’s sentence,”.

After subsection (8) insert—

“(9)

For the purposes of this section, a reference to an offence specified in a paragraph or Part of Schedule 15 includes a reference to a service offence as respects which the corresponding civil offence is so specified.

(10)

In subsection (9)—

(a)

“service offence” means an offence under—

(i)

section 70 of the Army Act 1955 or the Air Force Act 1955,

(ii)

section 42 of the Naval Discipline Act 1957, or

(iii)

section 42 of the Armed Forces Act 2006;

(b)

“corresponding civil offence” means—

(i)

in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(ii)

in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section;

(iii)

in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section.

(11)

Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (10)(b)(iii) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.”

After section 250 insert—

“250ADriving prohibition condition

(1)

A driving prohibition condition is a condition prohibiting a person from driving a motor vehicle on a road or other public place.

(2)

A driving prohibition condition may prohibit a person—

(a)

from driving at any time or at times specified in the condition;

(b)

from driving any motor vehicle or a motor vehicle of a description so specified;

(c)

from driving on any road or other public place or on a road or other public place in an area so specified.

(3)

In this section—

“motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

“road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).”

After section 250A (inserted by subsection (4)) insert—

“250BPublic event attendance prohibition condition

(1)

A public event attendance prohibition condition is a condition prohibiting a person from attending a public event.

(2)

A public event attendance prohibition condition may prohibit a person from attending a public event at any time or at times specified in the condition.

(3)

A public event attendance prohibition condition may prohibit a person from attending—

(a)

a public event specified in the condition,

(b)

a public event of a description so specified, or

(c)

any public event.

(4)

In this section “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise.”

After section 250B (inserted by subsection (5)) insert—

“250CDrinking establishment entry prohibition condition

(1)

A drinking establishment entry prohibition condition is a condition prohibiting a person from entering a drinking establishment.

(2)

A drinking establishment entry prohibition condition may prohibit a person from entering a drinking establishment at any time or at times specified in the condition.

(3)

A drinking establishment entry prohibition condition may prohibit a person from entering—

(a)

a drinking establishment specified in the condition,

(b)

a drinking establishment of a description so specified, or

(c)

any drinking establishment.

(4)

In this section “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”

After section 250C (inserted by subsection (6)) insert—

“250DRestriction zone condition

(1)

A restriction zone condition is a condition requiring a person to remain in one or more areas specified in the condition.

(2)

A restriction zone condition may require a person to remain in different areas at different times.

(3)

Where a restriction zone condition specifies different areas which do not adjoin each other, it may include provision for the person to whom the condition applies to travel between any of those areas.”

In section 254 (recall of prisoners while on licence), after subsection (6) insert—

“(6A)

The Secretary of State may by order amend this Chapter so as to make provision for and about circumstances or cases in which the Secretary of State may, or may not, revoke a person’s licence and recall the person to prison under subsection (1).

(6B)

An order under subsection (6A) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

“section 254(6A),”.

For section 255A substitute—

“255AFurther release after recall: introductory

(1)

This section applies for the purpose of identifying which of sections 255B, 255BA and 255C governs the further release of a person who has been recalled under section 254.

(2)

In this section—

(a)

subsections (3) to (6) apply to a person who is serving only one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000 (a “relevant young offender”);

(b)

subsections (7) and (8) apply to other persons.

(3)

The Secretary of State must, on recalling a relevant young offender other than an offender whose case was referred to the Board under section 244ZB, consider whether the offender is suitable for release at the end of the section 255B automatic release period (see section 255B(1A) and (1B) for the meaning of this period).

(4)

A relevant young offender is suitable for release at the end of the section 255B automatic release period only if—

(a)

the offender—

(i)

is aged 18 or over,

(ii)

is serving a sentence of less than 12 months,

(iii)

has not been recalled on account of being charged with a serious offence, and

(iv)

is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(b)

where paragraph (a) does not apply, the Secretary of State is satisfied that the offender will not present a risk of serious harm to members of the public if released at the end of the section 255B automatic release period.

(5)

For the purposes of subsection (4)(a)(iii), “serious offence” means—

(a)

murder, or

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(6)

A relevant young offender must be dealt with—

(a)

in accordance with section 255B if suitable for release at the end of the section 255B automatic release period;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(7)

A person who is not a relevant young offender must be dealt with—

(a)

in accordance with section 255BA if—

(i)

the person is eligible for release at the end of the section 255BA automatic release period (see section 255BA(2) for the meaning of this period), and

(ii)

the Secretary of State has not made a determination under subsection (5) of that section in relation to the person;

(b)

in accordance with section 255C otherwise,

but that is subject, where applicable, to section 243A(2) (unconditional release).

(8)

A person who is not a relevant young offender is eligible for release at the end of the section 255BA automatic release period except where the person—

(a)

is an extended sentence prisoner,

(b)

is serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code (prisoners serving sentences for offenders of particular concern),

(c)

is serving a sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners),

(d)

is serving a sentence for an offence listed in Schedule 19ZB (offences involving or connected with terrorism or a threat to national security),

(e)

is serving a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (offences involving or connected with a threat to national security),

(f)

is a relevant terrorist offender for the purposes of section 325(2)(aa) (see section 327),

(g)

falls, immediately before being recalled, within section 325(2)(c) (persons considered to be persons who may be at risk of involvement in terrorism-related activity),

(h)

is, immediately before being recalled, a person who is considered by the Secretary of State to be a person who may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(i)

is being managed, immediately before being recalled, at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders),

(j)

is a person whose case was referred to the Board under section 244ZB (referral of high-risk offenders),

(k)

has been recalled on account of being charged with an offence, or

(l)

is a person to whom Part 2 or 3 of Schedule 20B applies (transitional cases).

(9)

For the purposes of subsection (8)(a), an “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)

section 226A, 226B, 227 or 228 of this Act,

(b)

section 254, 266 or 279 of the Sentencing Code, or

(c)

section 85 of the PCC(S)A 2000,

and paragraph (c) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.

(10)

The Secretary of State may by order—

(a)

amend subsection (8) so as to—

(i)

add a description of person;

(ii)

alter or remove a description of person for the time being mentioned in the subsection;

(b)

further amend this Act for the purpose of making provision which is consequential on provision made under paragraph (a).

(11)

An order under subsection (10) may confer a function (including the exercise of a discretion) on the Secretary of State or another person, or description of person, specified in the order.”

In section 330(5)(a)(orders subject to affirmative procedure), at the appropriate place insert—

“section 255A(10),”.

For subsection (1) substitute—

“(1)

A relevant young offender who is suitable for automatic release at the end of the section 255B automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (8) and (9)), and

(b)

at the end of the section 255B automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(1A)

In the case of a relevant young offender recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the section 255B automatic release period” means—

(a)

where the offender is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the offender returns to custody;

(b)

where the offender is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(1B)

In the case of a relevant young offender recalled under section 254 while on licence under section 246, “the section 255B automatic release period” means whichever of the following ends later—

(a)

the period described in subsection (1A)(a) or (b) (as appropriate);

(b)

the requisite custodial period which the offender would have served under section 243A or 244 but for the earlier release.”

For subsection (10) substitute—

“(10)

Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State receives information that, after being recalled, P has been charged with a serious offence (within the meaning of section 255A(5)).”

At the end insert—

“(11)

For the purposes of subsections (1A) and (1B), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(12)

In this section, “relevant young offender” has the same meaning as in section 255A.”

After section 255B insert—

“255BAAutomatic release: other offenders

(1)

A prisoner who is eligible for automatic release at the end of the section 255BA automatic release period (“P”) must—

(a)

on return to prison, be informed that they will be released under this section (subject to subsections (5) to (9)), and

(b)

at the end of the section 255BA automatic release period, be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (3) or P falls within subsection (9)(b)).

(2)

The “section 255BA automatic release period”, in relation to P, means—

(a)

if P is recalled under section 254 while on licence under a provision of this Chapter other than section 246, the period of 56 days beginning with the day on which P returns to custody;

(b)

if P is recalled under section 254 while on licence under section 246, whichever of the following ends later—

(i)

the period of 56 days beginning with the day on which P returns to custody;

(ii)

the requisite custodial period which P would have served under section 243A or 244 but for the earlier release.

(3)

The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(4)

The Secretary of State must not release P under subsection (3) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the section 255BA automatic release period.

(5)

Subsection (9) applies in relation to P if at any time the Secretary of State determines that P should not be released at the end of the section 255BA automatic release period.

(6)

The Secretary of State may make a determination under subsection (5) only if one or both of the following conditions is satisfied.

(7)

The first condition is that the Secretary of State believes on reasonable grounds that P would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)

murder;

(b)

an offence listed in Schedule 18 to the Sentencing Code.

(8)

The second condition is that, after P is recalled, the Secretary of State receives information—

(a)

that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

(b)

that results in the Secretary of State considering that P may be at risk of involvement in foreign power threat activity within the meaning of Part 1 of the National Security Act 2023 (see section 33 of that Act),

(c)

that results in a determination that, if released at the end of the section 255BA automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders), or

(d)

that P has been charged with an offence.

(9)

Where this subsection applies—

(a)

if the Secretary of State has already informed P that P will be released under this section, the Secretary of State must inform P that P will not be released under this section, and

(b)

P is to be dealt with in accordance with section 255C (and accordingly not released under this section).

(10)

The Secretary of State may by order amend either or both of paragraphs (a) and (b)(i) of subsection (2) so as to alter the period for the time being specified in those paragraphs.

(11)

For the purposes of subsection (2), a person returns to custody when the person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.”

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate place insert—

“section 255BA(10),”.

In section 255BA (automatic release: other offenders) (as inserted by subsection (2)), after subsection (4) insert—

“(4A)

The Secretary of State must not be satisfied as mentioned in subsection (4) unless the Secretary of State considers that there is no more than a minimal risk that, if P were released before the end of the period mentioned in subsection (1)(b), P would commit a further offence the commission of which would cause serious harm (and section 237A(4) applies for the purposes of that assessment).”

In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—

“(b)

section 255C (prisoners excluded from automatic release) applied to them.”

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,”.”

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.”

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.”

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,”.

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.”

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;”.

In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoners), after paragraph 2A insert—

“Application of release provisions to prisoner serving fixed-term sentence for murder

2B

(1)

This paragraph applies to a prisoner if—

(a)

the prisoner has been transferred to England and Wales in pursuance of a warrant under section 1,

(b)

the prisoner is serving a sentence for an offence which corresponds to murder under the law of England and Wales, and

(c)

by virtue of that sentence the prisoner is a fixed-term prisoner for the purposes of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”).

(2)

If, apart from this sub-paragraph, section 243A of the 2003 Act (duty to release certain prisoners serving less than 12 months) would apply to the prisoner, Chapter 6 of Part 12 of that Act and the following provisions of this paragraph have effect in relation to the prisoner as if section 244 of that Act applied to the prisoner.

(3)

If section 244 of the 2003 Act (duty to release prisoners not subject to special provision for release) applies to the prisoner, Chapter 6 of Part 12 of that Act has effect in relation to the prisoner as if the requisite custodial period for the purposes of that section were—

(a)

where the prisoner is serving one sentence, two-thirds of the sentence, and

(b)

where the prisoner is serving two or more concurrent or consecutive sentences, the period determined under section 263(2) and 264(2B) or (2E) of the 2003 Act.

(4)

If, apart from this sub-paragraph, the prisoner could be released on licence under section 246 of the 2003 Act, the prisoner must not be released under that section.

(5)

If—

(a)

the prisoner is recalled to prison under section 254 of the 2003 Act, and

(b)

apart from this sub-paragraph, section 255B or 255BA of that Act (automatic release) would apply to the prisoner following the prisoner’s recall,

section 255C of that Act (prisoners excluded from automatic release) applies to the prisoner instead.

(6)

Section 256AZBA of the 2003 Act (referral of release decisions to High Court) has effect in relation to the prisoner as if the offence mentioned in sub-paragraph (1)(b) of this paragraph were specified in section 256AZBB(1) of that Act (specified offences for the purposes of section 256AZBA).

(7)

If section 264 of the 2003 Act (consecutive terms) applies to the prisoner, that section has effect in relation to the prisoner as if the minimum custodial period in relation to the prisoner’s sentence for the offence mentioned in sub-paragraph (1)(b) of this paragraph were two-thirds of the sentence.

(8)

Section 264B of the 2003 Act (consecutive terms: supplementary) does not apply to the prisoner.”

After subsection (2) insert—

“(2A)

Subsection (2B) applies on a referral of a prisoner’s case under section 32ZAA if, by virtue of section 31A(4F)(a), the Parole Board has directed the Secretary of State to release the prisoner unconditionally.

(2B)

The High Court—

(a)

must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner unconditionally;

(b)

otherwise, must make an order quashing the Parole Board’s direction to release the prisoner unconditionally.”