Sentencing Act 2026

7 Special custodial sentence for certain offenders of particular concern: England and Wales E+W

(1) The Sentencing Code is amended in accordance with subsections (2) to (6).

(2) In the italic heading before section 252A, for “terrorist” substitute “certain”.

(3) In section 252A (required special sentence of detention for terrorist offenders of particular concern)—

(a) in the heading, for “terrorist” substitute “certain”;

(b) after subsection (1) insert—

“(1A) Subsections (3) to (5) also apply where—

(a) a person aged under 18 is convicted of an offence listed in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),

(b) the offence was committed on or after the day on which section 7(3) of the Sentencing Act 2026 came into force,

(c) the court does not impose—

(i) a sentence of detention for life under section 250 for the offence or for an offence associated with it, or

(ii) an extended sentence of detention under section 254 for an offence associated with the offence, and

(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).”;

(c) in subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”;

(d) in subsection (6), after “subsection (1)” insert “or (1A)”.

(4) In section 265 (required special sentence for certain offenders of particular concern)—

(a) in subsection (1), after paragraph (a) insert—

“(aa) if the offence is listed in Part 3 of that Schedule (offences involving or connected with a threat to national security), the offender was convicted of the offence on or after the day on which section 7(4) of the Sentencing Act 2026 came into force,”;

(b) in subsection (1A)(b)—

(i) in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;

(ii) after sub-paragraph (i), but before the “or” at the end of it, insert—

“(ia) if listed in Part 3 of Schedule 13, was committed before the day on which section 7(4) of the Sentencing Act 2026 came into force,”.

(5) In section 278 (required special sentence for certain offenders of particular concern)—

(a) in subsection (1), after paragraph (a) insert—

“(aa) if the offence is listed in Part 3 of that Schedule (offences involving or connected with a threat to national security), the offender was convicted of the offence on or after the day on which section 7(5) of the Sentencing Act 2026 came into force,”;

(b) in subsection (1A)(b)—

(i) in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;

(ii) after sub-paragraph (i), but before the “or” at the end of it, insert—

“(ia) if listed in Part 3 of Schedule 13, was committed before the day on which section 7(5) of the Sentencing Act 2026 came into force,”.

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

“Part 3 E+W Offences 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.”

(7) In section 51A(3)(ba) of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), after “252A(1)(a)” insert “or (1A)(a)”.

(8) The Criminal Justice Act 2003 is amended as follows—

(a) in section 244A (release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc)—

(i) in subsection (1), after “or under section” insert “252A,”;

(ii) in subsection (6), in the definition of “the appropriate custodial term” after “or under section” insert “252A,”;

(b) in section 256AA(1)(ba) (requirement for supervision after end of sentence) after “section” insert “252A,”;

(c) in section 264(6) (consecutive terms: minimum custodial period), after paragraph (ca), insert—

“(caa) in relation to a sentence imposed under section 252A of the Sentencing Code, two-thirds of the appropriate custodial term determined by the court under that section,”;

(d) in section 268(1A)(c) (meaning of “requisite custodial period” in Chapter 6 of Part 12), after “or under section” insert “252A,”.

(9) In consequence of the amendments made by subsections (3) and (6), the Sentencing Act 2020 is amended as follows—

(a) in section 16A (committal for sentence of young offenders on summary trial of certain terrorist offences)—

(i) in the heading, omit “terrorist”;

(ii) in subsection (1)(a), for “(terrorism offences” substitute “or (1A)(a) (offences”;

(b) in section 19 (committal for sentence on indication of guilty plea by child with related offences)—

(i) in subsection (1)(b), for “(terrorism offences” substitute “or (1A)(a) (offences”;

(ii) in subsection (2)(a), after “252A(1)(a)” insert “or (1A)(a)”;

(c) in section 22(1)(aa) (powers of Crown Court where offender aged under 18 committed for sentence), omit “terrorist”;

(d) in section 166(5) (periods of extension of driving disqualification order where custodial sentence imposed), in entry 1A in the table, for “terrorist” substitute “certain”;

(e) in section 221(2)(ba) (kinds of custodial sentence dealt with by Chapter 2 of Part 10) for “terrorist” substitute “certain”;

(f) in section 398(4)(b), at the beginning insert “Part 1 or 2 of”;

(g) in paragraph 51A of Schedule 22 (amendments of the Sentencing Code), for “terrorist” substitute “certain”;

(h) in paragraph 15(2) of Schedule 27 (transitional provision)—

(i) in paragraph (za), after “section 252A(1)(c)(i)” insert “and (1A)(c)(i)”;

(ii) in paragraph (zb), after “section 252A(1)(c)(ii)” insert “and (1A)(c)(ii)”.

(10) If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before or at the same time as the coming into force of subsection (8), that subsection is to be read as if paragraph (b) were omitted.

Commencement Information

I1 S. 7 in force at 22.3.2026, see s. 49(4)