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Sentencing Act 2026

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  1. Introductory Text

  2. Part 1 Sentencing

    1. Suspended sentences

      1. 1.Presumption of suspended sentence order for sentences of 12 months or less

      2. 2.Custodial sentences that may be suspended

    2. Income reduction orders

      1. 3.Income reduction orders

    3. Purposes of sentencing

      1. 4.Purposes of sentencing

    4. Deferment of sentence

      1. 5.Date to which passing of sentence may be deferred

    5. Finding of domestic abuse

      1. 6.Finding of domestic abuse

    6. Offenders of particular concern

      1. 7.Special custodial sentence for certain offenders of particular concern: England and Wales

      2. 8.Sentence with fixed licence period: Scotland

      3. 9.Sentence with fixed licence period: Northern Ireland

      4. 10.Corresponding provision under service law

    7. Whole life order: murder of police, prison or probation officer

      1. 11.Whole life order: murder of police, prison or probation officer

    8. Rehabilitation activity requirement

      1. 12.Removal of requirement to specify maximum number of days

      2. 13.Rehabilitation activity requirement renamed probation requirement

    9. New community order requirements and community requirements

      1. 14.Driving prohibition requirement

      2. 15.Public event attendance prohibition requirement

      3. 16.Drinking establishment entry prohibition requirement

      4. 17.Restriction zone requirement

      5. 18.Power to add or alter requirements

    10. Sentencing Council for England and Wales

      1. 19.Sentencing Council business plan

      2. 20.Sentencing guidelines

    11. Prison capacity report

      1. 21.Annual report relating to prison capacity

    12. Court transcripts

      1. 22.Provision of transcripts of sentencing remarks to victims

  3. Part 2 Management of offenders after sentencing

    1. Release

      1. 23.Release

      2. 24.Release: consequential amendments relating to driving disqualification

      3. 25.Release on licence of certain violent or sexual offenders: service offences

      4. 26.Limitation of provisions about home detention curfew

    2. Licences

      1. 27.Licence conditions

      2. 28.Licence conditions: offenders sentenced under repealed armed forces legislation

    3. Recall and further release

      1. 29.Power to make provision about recall to prison

      2. 30.Further release after recall: introductory

      3. 31.Further release after recall: relevant young offenders suitable for automatic release

      4. 32.Further release after recall: other offenders eligible for automatic release

      5. 33.Further release after recall: supplementary

    4. Removal of requirement for supervision after sentence

      1. 34.Repeal of provisions relating to supervision after end of sentence

    5. Early removal of prisoners liable to removal from the United Kingdom

      1. 35.Early removal of prisoners liable to removal from United Kingdom

    6. Community order requirements and community requirements

      1. 36.Removal of maximum period for unpaid work requirement

      2. 37.Number of hours of work required by unpaid work requirement

      3. 38.Termination of community order

      4. 39.Termination of supervision period of suspended sentence order

    7. Parole Board rules

      1. 40.Rules about the proceedings of the Parole Board

    8. Repatriated prisoners

      1. 41.Application of provisions about release etc to certain repatriated prisoners

    9. Sentences of imprisonment or detention for public protection

      1. 42.Imprisonment or detention for public protection: termination of licences

      2. 43.Powers of High Court on referral

  4. Part 3 Bail

    1. 44.Amendments to Bail Act 1976

  5. Part 4 Foreign criminals

    1. 45.Deportation of foreign criminals

  6. Part 5 General

    1. 46.Power to make consequential provision

    2. 47.Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

    3. 48.Extent

    4. 49.Commencement

    5. 50.Short title

  7. Schedules

    1. Schedule 1

      Presumption of suspended sentence order: consequential provision

      1. 1.Firearms Act 1968

      2. 2.Proceeds of Crime Act 2002

      3. 3.Armed Forces Act 2006

      4. 4.Sentencing Act 2020

    2. Schedule 2

      Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision

      1. Part 1 Scotland

        1. 1.Rehabilitation of Offenders Act 1974

        2. 2.Prisons (Scotland) Act 1989

        3. 3.Prisoners and Criminal Proceedings (Scotland) Act 1993

        4. 4.Repatriation of Prisoners Act 1984

      2. Part 2 Northern Ireland

        1. 5.Criminal Justice (Northern Ireland) Order 2008

        2. 6.Repatriation of Prisoners Act 1984

    3. Schedule 3

      Corresponding provision about sentencing under service law: sentences for offenders of particular concern

      1. 1.Section 224A of the Armed Forces Act 2006 (special custodial...

      2. 2.In subsection (1)(b) (before its substitution by paragraph 6(a)(ii) of...

      3. 3.In subsection (1)(b) (after its substitution by paragraph 6(a)(ii) of...

      4. 4.In subsection (1A) (as inserted by paragraph 8(4) of Schedule...

      5. 5.After subsection (1A) insert— (1B) This section also applies where—...

      6. 6.On the coming into force of paragraph 2 of Schedule...

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

      8. 8.In subsection (3A) (as inserted by paragraph 41(9)(b) of Schedule...

      9. 9.If paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and...

      10. 10.Section 224B of the Armed Forces Act 2006 (as inserted...

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

      12. 12.After subsection (1) insert— (1A) Subsections (3) and (4) also...

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

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

      15. 15.In consequence of the amendments made by paragraphs 10 to...

      16. 16.In paragraph 15 of Schedule 26 to the Sentencing Act...

    4. Schedule 4

      Offences where offender not eligible for automatic release under section 255BA after recall

    5. Schedule 5

      Repeal of provisions relating to supervision after end of sentence: consequential provision

      1. Part 1 Amendments consequential on repeals made by section 34

        1. 1.Crime (Sentences) Act 1997

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

        3. 3.(1) Paragraph 8 (restricted transfers from England and Wales to...

        4. 4.Omit paragraph 8A (further provision about supervision default orders) and...

        5. 5.(1) Paragraph 9 (restricted transfers from England and Wales to...

        6. 6.Omit paragraph 19B (electronic monitoring in Scotland of requirements in...

        7. 7.In paragraph 20(1) (interpretation), in the definition of “supervision”, omit...

        8. 8.Crime and Disorder Act 1998

        9. 9.Criminal Justice Act 2003

        10. 10.Offender Management Act 2007

        11. 11.Sentencing Code

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

        1. 12.Offender Rehabilitation Act 2014

        2. 13.Criminal Justice and Courts Act 2015

        3. 14.Sentencing Act 2020

        4. 15.Terrorist Offenders (Restriction of Early Release) Act 2020

        5. 16.Police, Crime, Sentencing and Courts Act 2022

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