Women and the subsistence sector : economic participation and household decision-making in Nepal
The Sentencing Code is amended as follows.
After section 264 insert—
After section 277 insert—
Schedule 1 makes consequential amendments.
The Sentencing Act 2020 is amended in accordance with subsections (2) to (5).
In section 264 (suspended sentence order for offender under 21: availability)—
in subsection (2), for “2 years” substitute “the maximum term”;
after subsection (2) insert—;
in subsection (3)—
for the words before paragraph (a) substitute “This subsection applies if—”;
in paragraph (b), for “2 years” substitute “the maximum term”;
after subsection (3) insert—
In section 277 (suspended sentence order for person aged 21 or over: availability)—
in subsection (2)(b), for “2 years” substitute “the maximum term”;
after subsection (2) insert—;
in subsection (3)—
for the words before paragraph (a) substitute “This subsection applies if—”;
in paragraph (b), for “2 years” substitute “the maximum term”;
after subsection (3) insert—
In section 288 (operational period and supervision period)—
in subsection (2)(b), for “2 years” substitute “the maximum period”;
after subsection (2) insert—
In Schedule 22 (amendments of the Sentencing Code etc), in paragraph 54—
the words from “in the heading” to the end of the paragraph become paragraph (a);
after paragraph (a) insert—
The Armed Forces Act 2006 is amended in accordance with subsections (7) and (8).
In section 200(2)(a) (modifications to provisions in the Sentencing Code about suspended sentence orders), for “200A” substitute “200ZA”.
After section 200 insert—
In the Sentencing Code, in Part 7 (financial orders and orders relating to property), after Chapter 4 insert—
In Schedule 9 to the Administration of Justice Act 1970 (enforcement of orders for costs, compensation etc.), after paragraph 10 insert—
In section 57(2)(d) of the Sentencing Code (purposes of sentencing: protection of the public), after “public” insert “(including victims of crime)”.
In section 237(1)(e) of the Armed Forces Act 2006 (purposes of sentencing: protection of the public), after “public” insert “(including victims of crime)”.
Section 5 of the Sentencing Code (making a deferment order) is amended as follows.
In subsection (2), for the words from “more than” to the end of the subsection substitute —
After that subsection insert—
In Part 3 of the Sentencing Code (sentencing procedure), after Chapter 5 insert—
In the Armed Forces Act 2006, after section 253 insert—
The Sentencing Code is amended in accordance with subsections (2) to (6).
In the italic heading before section 252A, for “terrorist” substitute “certain”.
In section 252A (required special sentence of detention for terrorist offenders of particular concern)—
in the heading, for “terrorist” substitute “certain”;
after subsection (1) insert—;
in subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”;
in subsection (6), after “subsection (1)” insert “or (1A)”.
In section 265 (required special sentence for certain offenders of particular concern)—
in subsection (1), after paragraph (a) insert—;
in subsection (1A)(b)—
in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;
after sub-paragraph (i), but before the “or” at the end of it, insert—.
In section 278 (required special sentence for certain offenders of particular concern)—
in subsection (1), after paragraph (a) insert—;
in subsection (1A)(b)—
in sub-paragraph (i), at the beginning insert “if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),”;
after sub-paragraph (i), but before the “or” at the end of it, insert—.
In Schedule 13 (special sentence for offenders of particular concern: offences), after Part 2 insert—
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)”.
The Criminal Justice Act 2003 is amended as follows—
in section 244A (release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc)—
in subsection (1), after “or under section” insert “252A,”;
in subsection (6), in the definition of “the appropriate custodial term” after “or under section” insert “252A,”;
in section 256AA(1)(ba) (requirement for supervision after end of sentence) after “section” insert “252A,”;
in section 264(6) (consecutive terms: minimum custodial period), after paragraph (ca), insert—;
in section 268(1A)(c) (meaning of “requisite custodial period” in Chapter 6 of Part 12), after “or under section” insert “252A,”.
In consequence of the amendments made by subsections (3) and (6), the Sentencing Act 2020 is amended as follows—
in section 16A (committal for sentence of young offenders on summary trial of certain terrorist offences)—
in the heading, omit “terrorist”;
in subsection (1)(a), for “(terrorism offences” substitute “or (1A)(a) (offences”;
in section 19 (committal for sentence on indication of guilty plea by child with related offences)—
in subsection (1)(b), for “(terrorism offences” substitute “or (1A)(a) (offences”;
in subsection (2)(a), after “252A(1)(a)” insert “or (1A)(a)”;
in section 22(1)(aa) (powers of Crown Court where offender aged under 18 committed for sentence), omit “terrorist”;
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”;
in section 221(2)(ba) (kinds of custodial sentence dealt with by Chapter 2 of Part 10) for “terrorist” substitute “certain”;
in section 398(4)(b), at the beginning insert “Part 1 or 2 of”;
in paragraph 51A of Schedule 22 (amendments of the Sentencing Code), for “terrorist” substitute “certain”;
in paragraph 15(2) of Schedule 27 (transitional provision)—
in paragraph (za), after “section 252A(1)(c)(i)” insert “and (1A)(c)(i)”;
in paragraph (zb), after “section 252A(1)(c)(ii)” insert “and (1A)(c)(ii)”.
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.
Section 205ZC of the Criminal Procedure (Scotland) Act 1995 (terrorism sentence with fixed licence period) is amended in accordance with subsections (2) to (5).
In the heading, omit “Terrorism”.
After subsection (1) insert—
In subsection (2), in paragraph (b), for the words from “before the day” to the end of the paragraph substitute —
In subsection (8)(a), after “specified in” insert “Part 1 of”.
Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (terrorism offences) is amended in accordance with subsections (7) to (11).
For the Schedule heading substitute “Offences specified for the purpose of section 205ZC (sentence with fixed licence period)”.
After the Schedule heading (and so that the existing text in the Schedule becomes Part 1 of the Schedule) insert—Part 1
In paragraph 7(1) (ancillary offences), after “Part” insert “of this Schedule”.
In paragraph 8 (abolished offences)—
in paragraph (a), after “this” insert “Part of this”;
in paragraph (b), after “this”, in the first place it occurs, insert “Part of this”.
At the end of the Schedule insert—
Part 1 of Schedule 2 makes consequential provision.
Article 15A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (terrorism sentence with fixed licence period) is amended in accordance with subsections (2) to (4).
In the heading, omit “Terrorism”.
In paragraph (2), in the words before paragraph (a), after “apply” insert “by virtue of paragraph (1)”.
After paragraph (2) insert—
In the Criminal Justice (Northern Ireland) Order 2008, after Schedule 2A insert—
Part 2 of Schedule 2 makes consequential provision.
Schedule 3 makes provision about sentencing under service law that corresponds to provision made by section 7.
In paragraph 2(2) of Schedule 21 to the Sentencing Code (mandatory life sentences: starting point of whole life order), after paragraph (c) insert—.
In paragraph 4 of Schedule 9 to the Sentencing Code (meaning of rehabilitation activity requirement), omit sub-paragraph (2).
The Sentencing Code is amended as follows.
In section 201 (community order requirements table), for “rehabilitation activity requirement” substitute “probation requirement”.
In section 287 (suspended sentence order: community requirements table), for “rehabilitation activity requirement” substitute “probation requirement”.
In section 394 (rules relating to community orders and suspended sentence orders etc), in subsection (1)(e)(i), for “rehabilitation activity requirements” substitute “probation requirements”.
In Schedule 9 (community orders and suspended sentence orders: requirements)—
in the heading to Part 2, for “Rehabilitation activity requirement” substitute “Probation requirement”;
in paragraph 4(1), for ““rehabilitation activity requirement”” substitute ““probation requirement””;
in paragraph 5(1), for “rehabilitation activity requirement” substitute “probation requirement”.
In Schedule 11 (transfer of community orders to Scotland or Northern Ireland)—
in paragraph 5(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”;
in paragraph 12(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”.
In Schedule 17 (transfer of suspended sentence orders to Scotland or Northern Ireland)—
in paragraph 9(2)(b), for “rehabilitation activity requirement” substitute “probation requirement”;
in paragraph 32(5)(b), for “rehabilitation activity requirement” substitute “probation requirement”.
The Sentencing Code is amended in accordance with subsections (2) to (7).
In section 163(2) (availability of driving disqualification), at the end insert “(including where the court makes a community order or a suspended sentence order which imposes a driving prohibition requirement).”
driving prohibition requirement Part 4A section 207(A1)
In section 207 (availability of community order requirements)—
before the italic heading before subsection (1) insert—;
after subsection (4) insert—
driving prohibition requirement Part 4A section 291(A1)
In section 291 (availability of community requirements)—
before the italic heading before subsection (1) insert—;
after subsection (4) insert—
In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4 insert—
In section 177H of the Armed Forces Act 2006 (availability of driving disqualification order), at the end insert “(including where the court makes a service community order, an overseas community order or a suspended sentence order which imposes a driving prohibition requirement).”
The Sentencing Code is amended as follows.
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—
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—
In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4A (inserted by section 14(7)) insert—
The Sentencing Code is amended as follows.
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—
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—
In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4B (inserted by section 15(6)) insert—
The Sentencing Code is amended in accordance with subsections (2) to (12).
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—
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
restriction zone requirement Part 4D section 291(D1)
In section 291 (availability of community requirements), after subsection (C1) (inserted by section 16(5)) 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 Schedule 9 (community orders and suspended sentence orders: requirements)—
after Part 4C (inserted by section 16(6)) insert—;
in paragraph 34 (restriction on imposing an electronic compliance monitoring requirement)—
in sub-paragraph (1)(a), for “(2)“ substitute “(1A)”;
In the case of a relevant order containing a restriction zone requirement, each area proposed to be specified in the order is a relevant area.
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
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
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
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
The Armed Forces Act 2006 is amended in accordance with subsections (14) and (15).
In section 182(3)(c) (application of section 208(2) of, and Schedule 9 to, the Sentencing Code to overseas community orders), after sub-paragraph (ix), and on a new line, insert “(see also the modification to paragraph 8D of Schedule 9 made by section 183(5A) of this Act);”.
In section 183 (modifications of the Sentencing Code in relation to overseas community orders)—
in subsection (1), for “(5)” substitute “(5A)”;
after subsection (5) insert—
The Sentencing Act 2020 is amended as follows.
In section 407(1)(b) (regulations and rules), before the “or” before sub-paragraph (iii) insert—.
Section 407 extends to Scotland (as well as to England and Wales and Northern Ireland).
In section 414 (extent)—
in subsection (3)(c), after “rules)” insert “(but see subsection (7))”;
after subsection (6) insert—
In Schedule 23 (powers to amend Sentencing Code), after paragraph 13 (but in Part 6 of that Schedule) insert—
After section 118 of the Coroners and Justice Act 2009 insert—
The Coroners and Justice Act 2009 is amended as follows.
In section 120 (sentencing guidelines)—
in subsection (7), after “appropriate” insert —;
in subsection (8), for “such amendments” substitute any amendments of the draft guidelines which it considers appropriate—;
after subsection (8) insert—;
in subsection (10), after “and (8)” insert “to (8C)”.
In section 122 (allocation guidelines)—
in subsection (5), after “appropriate” insert —;
after subsection (5) insert—;
in subsection (7), for “(5)” substitute “(5C)”.
The Secretary of State must, for each year, prepare and lay before Parliament a report relating to prison capacity.
The report for a year—
must include information about—
the number of people in prison and the number of prison places on a particular date or dates in that year, and
projected changes in the number of people in prison and the number of prison places, and
may include any other information that the Secretary of State considers appropriate.
The Secretary of State must publish the report after it has been laid before Parliament.
“Prison” does not include a naval, military or air force prison.
In the Prison Act 1952—
omit section 5 (annual report on prisons);
in section 43 (places for the detention of young offenders), in the table in subsection (4), in the second column for the entry for “secure training centres or secure colleges” omit “5,”.
Subsection (2) applies if a victim (“V”) requests the Secretary of State to supply V with a transcript of sentencing remarks that are relevant to V.
The Secretary of State must supply the transcript to V, or arrange for the transcript to be supplied to V— This is subject to regulations under subsection (3) and Criminal Procedure Rules under subsection (5).
free of charge, and
before the end of the period specified in regulations made by the Secretary of State.
The Secretary of State may by regulations—
make provision about how a request under subsection (1) is to be made;
make provision about the information to be provided in making such a request;
provide for exceptions to the requirement in subsection (2) to supply a transcript of sentencing remarks;
provide that, in circumstances specified in the regulations, a transcript must be provided with the omission of information so specified;
make further provision about the supply of a transcript under subsection (2).
Regulations under subsection (3) may, in particular—
confer a function (including the exercise of a discretion) on the Secretary of State or another person or description of person;
make provision which refers to Criminal Procedure Rules (including as amended or replaced from time to time).
Criminal Procedure Rules may make provision about the supply of a transcript under subsection (2) (including any provision that may be made by regulations under subsection (3) or by virtue of subsection (4)(a)).
A power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
The Secretary of State must consult the Lord Chief Justice before making regulations under this section.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section—
“sentencing remarks” means remarks made by a judge of the Crown Court in England and Wales when sentencing an offender for an offence;
Schedule 24 to the Sentencing Act 2020 is amended as follows. In paragraph 149, omit— In paragraph 154— Omit paragraphs 229 to 231. Omit paragraph 248. In paragraph 262, omit paragraph (c).
“sentencing remarks” means remarks made by a judge of the Crown Court in England and Wales when sentencing an offender for an offence;
“victim” has the meaning given by regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about the circumstances in which, for the purposes of this section, sentencing remarks are relevant to a victim.
The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (9).
In section 243A (duty to release certain prisoners serving less than 12 months)—
in subsection (1)(b), for sub-paragraph (i) (but not the “and” at the end of that sub-paragraph) substitute—;
in subsection (1A), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—;
in subsection (3), for paragraph (a) (but not the “and” at the end of that paragraph) substitute—;
in subsection (4), omit paragraph (b) (and the “and” before it).
In section 244(3) (requisite custodial period for prisoners not subject to special provision for release), for paragraph (a) substitute—.
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—.
In section 246(6) (power to release prisoners on licence before being required to do so: interpretation), in the definition of “the requisite custodial period”, after “paragraph (a)”, in both places it occurs, insert “, (aa)”.
In section 256B(1A)(a) (supervision after release of certain young offenders serving less than 12 months) omit “or 262”.
In section 264 (consecutive terms)—
in subsection (2F)(a)(i), after “243A(1)” insert “or (1A)”;
in subsection (6)—
for paragraph (cb) (but not the “and” at the end of that paragraph) substitute—;
in paragraph (d), for “one-half” substitute “one-third”.
In section 264B (consecutive terms: supplementary)—
in subsection (1)(b), omit “of imprisonment”;
in subsection (1)(c)—
omit “of imprisonment”;
after “imposed”, in the first place it occurs, insert “under section 250 of the Sentencing Code”;
after “imposed”, in the second place it occurs, insert “(whether or not under section 250 of the Code)”;
in subsection (2)(a), after “the”, in the first place it occurs, insert “minimum”;
in subsection (3), for “custodial period” substitute “minimum custodial period”.
In section 267 (alteration by order of relevant proportion of sentence)—
after “section 243A(3)(a)” insert “or (aa)”;
after “244(3)(a)” insert “or (aa), section 244ZA(8)(a) or (aa)”;
for “264(6)(d)” substitute “264(6)(cb), (cc), (cd) or (d)”.
The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844) is revoked.
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 6(3)(b);
in the Offender Rehabilitation Act 2014, in Schedule 3, omit paragraph 18;
in the Police, Crime, Sentencing and Courts Act 2022, omit section 130(6);
in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331) omit articles 3 and 4.
The amendments made by this section, as well as applying in relation to a sentence of imprisonment or detention imposed on or after the day on which those amendments come into force, apply in relation to a sentence of imprisonment or detention imposed before that day if, immediately before that day, the person serving the sentence—
is in custody or detention pursuant to the sentence, or
is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.
But subsection (12) does not have the effect that the amendments made by this section apply in relation to a sentence imposed before the day on which those amendments come into force if subsection (14) or (15) applies to the sentence.
This subsection applies to a sentence if—
it is a sentence for an offence listed in Part 3 of Schedule 13 to the Sentencing Code (as inserted by section 7(6) of this Act), and
the sentence was not imposed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section 209 of the Armed Forces Act 2006 or section 250 of the Sentencing Code.
This subsection applies to a sentence if—
section 244 of the Criminal Justice Act 2003 applies in relation to the sentence,
the sentence was imposed in respect of an offence for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) on the day on which this section comes into force, and
the sentence would, on the date on which this section comes into force, fall within subsection (4) or (5) of section 244ZA of the Criminal Justice Act 2003 if that section were read subject to the following modifications (so far as necessary to enable the subsection in question to apply)—
subsections (4)(c) and (5)(c) (date of sentence) were omitted;
subsections (4)(d)(ii) and (7)(b)(ii) (availability of life sentence at date of imposition of sentence) were omitted;
subsection (5)(a) also referred to a sentence under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000.
If section 26 (limitation of provisions about home detention curfew) comes into force before or at the same time as this section, this section is to be read as if subsection (5) were omitted.
In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
in subsection (4)—
in paragraph (fc), for the words from “, a period” to the end of the paragraph substitute —;
after paragraph (fd) insert—;
in paragraph (h), for “half” substitute “one-third of”;
in subsection (8), after “244(3)(a)” insert “or (aa) or section 244ZA(8)(a) or (aa)”;
in subsection (9)—
before paragraph (a) insert—;
in paragraph (a), for “243A(3)(a) or 244(3)(a)” substitute “244(3)(aa)”.
The Armed Forces Act 2006 is amended in accordance with subsections (3) and (4).
In section 177J (extension of disqualification where custodial sentence or service detention also imposed)—
in subsection (5), in the table—
A1 a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender half the term of the sentence of detention
in entry 10, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;
in that entry, in column 3, for “two-thirds” substitute “one-half”;
10A a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section two-thirds of the sentence
in entry 14, in column 3, for “half” substitute “one-third of”;
for subsection (8) substitute—
In section 373 (orders, regulations and rules), in each of subsections (3)(d), (5) and (5A), for “177J(8)” substitute “177J(8A)”.
In section 166 of the Sentencing Code (extension of disqualification where custodial sentence also imposed)—
in subsection (5), in the table—
1ZA a sentence of detention under section 250 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender half the term of the sentence of detention
in entry 6B, in column 2, at the end insert “by virtue of subsection (4) or (5) of that section”;
in that entry, in column 3, for “two-thirds” substitute “one-half”;
6BA a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section two-thirds of the sentence
in entry 8, in column 3, for “half” substitute “one-third of”;
for subsection (7) substitute—;
in subsection (8), for “(7)” substitute “(7A)”;
in subsection (9), for “(7)” substitute “(7A)”.
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 14, omit paragraph 1(b);
in the Police, Crime, Sentencing and Courts Act 2022, in Schedule 21, omit paragraph 4.
The amendments made by this section apply in relation to—
an order under section 34 or 35 of the Road Traffic Offenders Act 1988 which is made on or after the day on which this section comes into force,
a driving disqualification order within the meaning of the Armed Forces Act 2006 which is made on or after that day, and
a driving disqualification order within the meaning of the Sentencing Code which is made on or after that day.
Section 244ZA of the Criminal Justice Act 2003 (release on licence of certain violent or sexual offenders) is amended as follows.
After subsection (8) insert—
The amendments made by this section, as well as applying in relation to offences committed on or after the day on which those amendments come into force, apply in relation to offences committed before that day.
The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (5).
In section 246 (power to release prisoners on licence before required to do so)—
in the heading, after release insert “certain”;
for subsection (1) substitute—;
after subsection (1) insert—;
in subsection (2), in the opening words, for “(1)(a)” substitute “(1)”;
in subsection (4)(ac)—
in sub-paragraph (i), for “244ZA(4)(c), (5)(c) and (6)(c)” substitute “244ZA(6)(c)”;
at the end of that sub-paragraph insert “and”;
omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph;
omit subsection (4)(d);
in subsection (4A)—
omit paragraph (a) and the “and” at the end of that paragraph;
in paragraph (b), for “that Act” substitute “the Armed Forces Act 2006”;
in subsection (5)(a), for “(1)(a)” substitute “(1)”;
in subsection (6)—
for the definition of “the requisite custodial period” substitute— ;
omit the definition of “term of imprisonment”.
In section 255BA (automatic release: other offenders) (as inserted by section 32(2))—
in subsection (2), for the words from “means—” to the end of the subsection substitute “means the period of 56 days beginning with the day on which P returns to custody.”;
in subsection (10), for the words from “either or both” to the end of the subsection substitute “subsection (2) so as to alter the period for the time being specified in that subsection.”
In section 255C(6) (prisoners excluded from automatic release), after “if P” insert “is a relevant young offender who”.
In section 264AA(1A) (consecutive terms: detention and training orders), for “246(1)(a)” substitute “246(1)”;
In consequence of the amendments made by this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
omit section 112(6);
in Schedule 20, omit paragraph 5(3);
in the Criminal Justice and Courts Act 2015, in Schedule 1, omit paragraph 7(3);
in the Sentencing Act 2020, in Schedule 24, omit paragraph 224(2)(b) and (3);
the Criminal Justice Act 2003 (Home Detention Curfew) Order 2023 (S.I. 2023/390) is revoked;
in the Victims and Prisoners Act 2024, omit section 68(2);
in the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 (S.I. 2024/1331), omit article 2.
The amendments made by this section do not apply in relation to a person who, immediately before the day on which this section comes into force, is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003.
In section 64 of the Criminal Justice and Court Services Act 2000 (drug testing requirement)—
in subsection (1)—
at the end of paragraph (a) insert “, and”;
omit the “and” at the end of paragraph (b);
omit paragraph (c);
omit subsection (1A);
in subsection (2), for the words from “For the purpose” to “they” substitute “Those conditions”.
The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (7).
In section 250 (licence conditions)—
in subsection (4)(b)—
before sub-paragraph (i) insert—;
after sub-paragraph (ai) (inserted by sub-paragraph (i) above) insert— ;
after sub-paragraph (bi) (inserted by sub-paragraph (ii) above) insert—;
after sub-paragraph (ci) (inserted by sub-paragraph (iii) above) insert—;
after subsection (8) insert—
After section 250 insert—
After section 250A (inserted by subsection (4)) insert—
After section 250B (inserted by subsection (5)) insert—
After section 250C (inserted by subsection (6)) insert—
In consequence of the provision made by subsection (1), in section 11(2) of the Offender Rehabilitation Act 2014 omit paragraphs (b) to (d).
The amendments made by this section, as well as applying to a person released on or after the day on which those amendments come into force, apply to a person released before that day.
The Criminal Justice and Court Services Act 2000 is amended as follows.
In section 62 (release on licence etc: electronic monitoring conditions), in subsection (5)—
omit the “and” at the end of paragraph (g) and insert—;
in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;
at the end of paragraph (h) insert , and.
In section 62A (release on licence etc: compulsory electronic monitoring conditions), in subsection (4)—
omit the “or” at the end of paragraph (c) and insert—;
in paragraph (d), for “that Act” substitute “the Armed Forces Act 2006”;
at the end of paragraph (d) insert , or
In section 64 (release on licence etc: drug testing requirements), in subsection (5)—
omit the “and” at the end of paragraph (g) and insert—;
in paragraph (h), for “that Act” substitute “the Armed Forces Act 2006”;
at the end of paragraph (h) insert , and.
In section 64A (release on licence etc: drug appointments), in subsection (8), in the definition of “sentence of imprisonment”—
in paragraph (f), after “2006” insert “or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957”;
in paragraph (g), for “that Act” substitute “the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957”.
The amendments made by this section, as well as applying to a person released on or after the day on which those amendments come into force, apply to a person released before that day.
The Criminal Justice Act 2003 is amended as follows.
In section 254 (recall of prisoners while on licence), after subsection (6) insert—
section 254(6A),
The Criminal Justice Act 2003 is amended as follows.
For section 255A substitute—
section 255A(10),
After Schedule 19ZA insert the Schedule set out in Schedule 4 to this Act (offences where offender not eligible for release at the end of the section 255BA automatic release period).
Omit Schedule 19AA (offences where offender not suitable for automatic release).
Section 255B of the Criminal Justice Act 2003 is amended as follows.
In the heading, after “release” insert “: relevant young offenders”.
For subsection (1) substitute—
In subsection (9), in the words before paragraph (a) and in paragraph (b), for “automatic release” substitute “release at the end of the section 255B automatic release period”.
For subsection (10) substitute—
At the end insert—
The Criminal Justice Act 2003 is amended as follows.
After section 255B insert—
section 255BA(10),
In section 255BA (automatic release: other offenders) (as inserted by subsection (2)), after subsection (4) insert—
The Criminal Justice Act 2003 is amended in accordance with subsections (2) to (11).
In section 237A(12)(b) (public protection decisions), for “not suitable for” substitute “excluded from”.
In section 240ZA(6) (time remanded in custody to count as time served), after “255B(1)” insert “or 255BA(1)”.
In section 240A(3B) (time remanded on bail to count as time served), after “255B(1)” insert “or 255BA(1)”.
In section 244(1A) (duty to release prisoners not subject to special provision for release), for “and”, in the second place it occurs, substitute “to”.
In section 244ZA(2) (release on licence of certain violent or sexual offenders), in paragraph (c), for “and” substitute “to”.
In section 247A(7) (restricted eligibility for release on licence of terrorist prisoners), for “255B and” substitute “255A to”.
In section 255C (prisoners excluded from automatic release)—
in the heading, for “not suitable for automatic release” substitute “excluded from automatic release under section 255B or 255BA”;
for subsection (1), substitute—;
at the end insert—
In section 256AZA(4) (release after recall where further sentence being served), after “255B,” insert “255BA,”.
In section 256AZB(1) (power to change test for release following recall)—
in paragraph (a), for “automatic release” substitute “release at the end of the section 255B automatic release period”;
in paragraph (b), after “section 255B(2)” insert “, 255BA(3)”;
after paragraph (b) insert—.
In Schedule 19B (prisoners returning to the UK: modifications of Chapter 6 of Part 12), in paragraphs 6 and 12, for paragraph (b) substitute—
In section 246(2C) of the Armed Forces Act 2006 (crediting of time in service custody), after “255B(1)” insert “or 255BA(1)”.
In consequence of the amendments made by sections 30 to 32 and this section—
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 20 omit paragraph 7;
in the Offender Rehabilitation Act 2014, omit section 9(4) and (5);
in the Sentencing Act 2020, in Schedule 24 omit paragraph 228;
in the Counter-Terrorism and Sentencing Act 2021, in Schedule 13 omit paragraph 9(6) and (7)(b);
in the Police, Crime, Sentencing and Courts Act 2022, omit section 132(6) and (7);
the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025 (S.I. 2025/833) is revoked.
The amendments made by sections 30, 31, 32(1) to (3), this section and Schedule 4, as well as applying to a person recalled on or after the day on which those amendments come into force, apply to a person (“P”) recalled before that day except where P, immediately before that day—
is in custody or detention, and
is not being dealt with in accordance with section 255C (prisoners excluded from automatic release).
In the Criminal Justice Act 2003—
for the italic heading before section 256AA, for “offenders” substitute “certain young offenders after release”;
omit sections 256AA to 256AC (supervision after end of sentence of prisoners serving less than 2 years);
omit Schedule 19A (supervision default orders).
In the Sentencing Code, omit section 247 (supervision after end of term of detention and training order).
Schedule 5 makes provision which is consequential on subsections (1) and (2).
Subject to subsection (5), the amendments made by this section and Schedule 5 have effect in relation to supervision requirements imposed on a person under section 256AA of the Criminal Justice Act 2003 before the day on which the amendments come into force.
The amendments do not have effect in relation to a failure, or alleged failure, to comply with such a supervision requirement where the failure or alleged failure began, or is alleged to have begun, before the day on which the amendments come into force.
In section 260 of the Criminal Justice Act 2003 (early removal of prisoners liable to removal from United Kingdom)—
in subsection (1) omit “after the prisoner has served the minimum pre-removal custodial period”;
omit subsection (2);
omit subsection (6);
in subsection (9) omit from “and in such a case—” to the end of that subsection.
In consequence of the amendments made by subsection (1)—
in section 257(2) of the Criminal Justice Act 2003 (additional days for disciplinary offences)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in section 263 of that Act (concurrent terms), omit subsection (2A);
in section 330(5)(a) of that Act (procedure for orders), omit “section 260,”;
in Schedule 20B to that Act (transitional provision), in paragraph 37(1)—
in paragraph (b) omit “during the period mentioned in subsection (1) of that section”;
in the words after paragraph (b) omit “after the end of that period”;
in section 47 of the Nationality and Borders Act 2022 (prisoners liable to removal from United Kingdom), omit subsections (8) and (10).
The Sentencing Code is amended as follows—
in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”: community order and suspended sentence order)—
in sub-paragraph (1)(b), omit “, during a period of 12 months,”;
omit sub-paragraph (2);
in Schedule 10, omit paragraph 21 and the italic heading before it;
in Schedule 16, omit paragraph 27 and the italic heading before it.
Schedule A1 to the Children Act 1989 is amended as follows—
in paragraph 3A (meaning of “unpaid work requirement”: enforcement order)—
in sub-paragraph (1)(b), omit “, during a period of 12 months,”;
in sub-paragraph (2), for “paragraphs 7 and 9” substitute “paragraph 9”;
omit sub-paragraph (3);
omit paragraph 7 and the italic heading before it;
in paragraph 9 (breach of an enforcement order), in sub-paragraph (9) omit paragraph (b).
The amendments made by subsections (1) and (2) apply in relation to a community order, suspended sentence order or, as the case may be, an enforcement order whenever made.
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—
If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (4), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.
In consequence of the amendments made by subsection (2), in paragraph 112 of Schedule 24 to the Sentencing Act 2020—
omit sub-paragraph (4);
in sub-paragraph (6), omit paragraph (b).
Part 1 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: unpaid work requirement) is amended in accordance with subsections (2) and (3).
In paragraph 2 (number of hours of unpaid work)—
A relevant order imposing an unpaid work requirement must specify the number of hours that the offender may be required to work under the requirement subject to any reduction under paragraph 3A. The number of hours which may be specified in the order must, in aggregate, be—
in sub-paragraph (2), for “(1)(b)(i)” substitute “(1A)(a)”;
in sub-paragraph (4), in the final sentence, for “(1)(b)(ii)” substitute “(1A)(b)”.
After paragraph 3 insert—
In consequence of the amendments made by subsections (1) to (3), the Sentencing Act 2020 is amended as follows—
in section 220(3) (when a community order ceases to be in force), at the end insert “, subject to any reduction under paragraph 3A of Schedule 9”;
in section 288(5)(a) (supervision period of suspended sentence order), for “under paragraph 2(1) of Schedule 9” substitute “, subject to any reduction under paragraph 3A of Schedule 9”;
in paragraph 13(4) of Schedule 10 (imposition of more onerous requirements on breach of order), in the words after paragraph (b), for “for” to “paragraph 2(1)” substitute “which may be specified in the order (see paragraph 2(1A)”;
in paragraph 13(1)(a) of Schedule 23 (power to amend maximum number of hours of unpaid work), for “paragraph 2(1)” substitute “paragraph 2(1A)”.
In Schedule 19A to the Criminal Justice Act 2003 (supervision default orders: application and modification of provisions relating to community orders)—
in paragraph 2(f), after “2(1)” insert “and (1A)”;
in paragraph 3—
Section 220(3) applies as if the words “, subject to any reduction under paragraph 3A of Schedule 9” were omitted.
Paragraph 2(1) of that Schedule applies as if the words “subject to any reduction under paragraph 3A” were omitted. Paragraph 2(1A) of that Schedule applies as if for paragraphs (a) and (b) (limit on number of hours of unpaid work) there were substituted—
in paragraph 6, for “paragraph 3(5)” substitute “paragraph 3(5A)”;
in paragraph 10(2)(b), for “2(1)” substitute “2(1A)”.
If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (5), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.
In Schedule 31 to the Criminal Justice Act 2003 (default orders: modification of provisions relating to community orders)—
in paragraph 2 (unpaid work requirement)—
In sub-paragraph (1), the words “subject to any reduction under paragraph 3A” are omitted.
In sub-paragraph (1A), for paragraphs (a) and (b) there is substituted—
after paragraph 2 insert—
The amendments made by this section apply in relation to a community order, suspended sentence order, supervision default order or default order whenever made.
The Sentencing Code is amended as follows.
In the italic heading before section 218, after “revocation” insert “, termination”.
In section 218—
in the heading, after “revocation” insert “, termination”;
after paragraph (b) insert—.
In section 220(2) (when a community order ceases to be in force)—
the words “when it is revoked” become paragraph (a), and
at the end of that paragraph insert , or
In Schedule 10 (breach, revocation or amendment of community order)—
in the heading, after “revocation” insert “, termination”;
after Part 3 insert—
The amendments made by this section apply to a community order whenever made.
The Sentencing Code is amended as follows.
In section 288 (operational period and supervision period), after subsection (5) insert—
In section 303 (introduction of Schedule 16), after paragraph (a) (but before the “and” at the end of that paragraph) insert—.
In section 305 (suspended sentences: interpretation), in the definition of the “the supervision period”, in the words after paragraph (c), after “requirement)” insert “and paragraph 22A of Schedule 16 (termination of supervision period)”.
In Part 3 of Schedule 16 (amendment of suspended sentence order), after paragraph 22 insert—
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—.
The amendments made by this section apply to a suspended sentence order whenever made.
Omit section 73(2) of the Victims and Prisoners Act 2024 (rules about the proceedings of the Parole Board).
In the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to transferred prisoners), after paragraph 2A insert—
In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), in paragraph 4(5)(c), omit “to murder or”.
The amendments made by this section, as well as applying to a prisoner who is transferred into England and Wales on or after the day on which those amendments come into force, apply to a prisoner who is transferred into England and Wales before that day.
But if— those amendments do not apply to the prisoner unless the prisoner is recalled to prison under section 254 or 255 of that Act on or after that day.
a prisoner is transferred into England and Wales before the day on which the amendments made by this section come into force, and
the prisoner is released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 before that day,
The Crime (Sentences) Act 1997 is amended as follows.
In section 31A (imprisonment or detention for public protection: termination of licences)—
after subsection (3) insert—;
in subsection (4), after “(3)” insert “or (3A)”;
in subsection (4D), for the words from “The reference under” to “that subsection” substitute “A reference under subsection (3) or (3A) must not be made, and a reference under either of those subsections”;
in subsection (4E)(a), after “(3)” insert “or (3A)”;
in subsection (5), in the definition of “the qualifying period”, for the words from “means—” to the end of the definition substitute “means the period of two years beginning with the date of the prisoner’s release.”;
in subsection (6)—
omit “paragraph (a) or (b) of”;
after “the definition of “the qualifying period”” insert in relation to—
In section 32 (recall of life prisoners while on licence), in subsection (5C), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.
In section 32ZZA (imprisonment or detention for public protection: powers in relation to release of recalled prisoners), in subsection (4), after “for the purposes of” insert “paragraph (c) of section 31A(3A) (referral to Parole Board) or”.
Section 32ZAC of the Crime (Sentences) Act 1997 (powers of the High Court on referral of release decision) is amended in accordance with subsections (2) to (4).
In subsection (1), after “section 32ZAA,” insert “and unless subsection (2B) applies on the referral,”.
After subsection (2) insert—
In subsection (3), after “(1)(b)” insert “or (2B)(b)”.
Section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing) is amended in accordance with subsections (6) and (7).
In subsection (1), after “32ZAC(1)(a)” insert “or (2B)(a)”.
In subsection (2), after “the need” insert “where the life prisoner is to be released on licence”.
The amendments made by this section do not affect the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force.
The Bail Act 1976 is amended as follows.
In section 2 (definitions), in subsection (2), after the definition of “surrender to custody” insert—.
In section 3 (general provisions), in subsection (6ZAA), after “extradition proceedings)” insert “, section 3AAB (in the case of certain adults granted bail where there is a real prospect of a suspended sentence)”.
After section 3AAA insert—
In section 3AB (conditions for imposition of electronic monitoring requirements in relation to other persons), in subsection (1), after “eighteen” insert “and in relation to whom section 3AAB does not apply”.
In section 3AC (electronic monitoring: general provisions), in subsections (7) and (8), after “3AAA” insert “, 3AAB”.
Schedule 1 (exceptions to general right to bail) is amended as follows.
In Part 1—
in paragraph 1A(1)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”;
in paragraph 9, after paragraph (b) insert—.
In Part 1A, in paragraph 1A(1)—
at the end of paragraph (a) insert “and”;
omit paragraph (b) and the “and” at the end of that paragraph;
in paragraph (c), after “custodial sentence” insert “, other than a suspended sentence,”.
In section 38(1) of the UK Borders Act 2007 (meaning of “period of imprisonment” for purposes of condition 1 in definition of “foreign criminal”), omit paragraph (a).
In section 117D(4) of the Nationality, Immigration and Asylum Act 2002 (meaning of “period of imprisonment” for purposes of definition of “foreign criminal”), omit paragraph (a).
The Secretary of State may by regulations make provision that is consequential on this Act.
Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.
In subsection (2) “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
The power to make regulations under subsection (1) includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
Regulations under subsection (1) are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) regulations under subsection (1) which amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
An amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision amended, repealed or revoked, subject to subsection (2)(a).
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
section 18;
section 34(4) and (5);
section 39(7);
this Part.
The other provisions of this Act extend to England and Wales only.
Nothing in subsections (1) to (3) limits the extent within the United Kingdom of any provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006.
Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent outside the United Kingdom) apply to the armed forces provisions as those subsections apply to the provisions of that Act.
The following are “armed forces provisions”—
a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;
an amendment, modification or repeal made by or under this Act of—
a provision of or made under the Armed Forces Act 2006,
a provision that amends, modifies or repeals a provision of, or made under, that Act, or
any other provision, so far as the provision is applied (by whatever words) by or under that Act.
Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed for different purposes or areas.
The following provisions come into force on the day on which this Act is passed—
sections 25 and 28;
this Part;
any other provision of this Act (including provision modifying other legislation) so far as it confers power to make regulations, rules or an order or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.
Sections 1, 2, 4, 5, 7 to 9, 11, 19, 20, 40, 41 and 43 and Schedules 1 and 2 come into force at the end of the period of two months beginning with the day on which this Act is passed.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (5) includes power to make different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Sentencing Act 2026.
Section 1(4)
In section 21(2C)(b) of the Firearms Act 1968 (ban on possession of firearm by person subject to suspended sentence), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.
The Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) is amended as follows. In Article 3(1) (interpretation of Part 2), in the definition of “Article 15A terrorism sentence” omit “terrorism”. In Article 8(1)(a) (setting of custodial period), for “Article 15A terrorism sentence” substitute “Article 15A sentence”. In the heading of Chapter 3 of Part 2, for “other terrorist” substitute “certain other”. In the italic heading before Article 20A, at the end insert “and other prisoners serving an Article 15A sentence”. In Article 20A (restricted eligibility for release on licence of terrorist prisoners)— In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i), for “Article 15A terrorism sentence” substitute “Article 15A sentence”.
In section 38(4)(a) of the Proceeds of Crime Act 2002 (provisions about imprisonment or detention: disregard of suspended sentence orders), after “section 264 or 277 of the Sentencing Code” insert “(including by virtue of section 264A or 277A of that Code)”.
In section 5(1)(da) of the Rehabilitation of Offenders Act 1974 as it forms part of the law of Scotland (disclosure periods for particular sentences), for “(terrorism sentence for young offenders or children)” substitute “(sentence with fixed licence period for young offenders or children)”.
In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”)—
omit paragraph (ha);
omit paragraph (ib).
The Sentencing Code is amended as follows. In section 45 (occasions where criminal courts charge duty arises), omit paragraph (c). In section 46(2) (criminal courts charge duty), in the definition of “relevant failure”— In section 238(3) (offender subject to more than one order), omit “and 247”. In section 248(2) (interpretation), for “, 242 and 247” substitute “and 242”.
The Armed Forces Act 2006 is amended as follows. In section 200(1) (application of provisions in the Sentencing Code about suspended sentence orders)— Before section 200A insert—
In Schedule 22 to the Sentencing Act 2020 (amendments of the Sentencing Code etc), after paragraph 54 insert—
The Criminal Justice Act 2003 is amended as follows. In section 256D (drug testing requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”. In section 256E (drug appointment requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”. In section 264 (consecutive terms)— In section 268 (interpretation)— In section 302 (execution of process between England and Wales and Scotland)— In section 330(5)(a) (orders subject to affirmative procedure)— In Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases)—
Sections 8(12) and 9(6)
In section 39(7B)(a) of the Prisons (Scotland) Act 1989 (rules for the management of prisons and other institutions), after “terrorism” insert “or national security-related”.
The Criminal Justice and Courts Act 2015 is amended as follows. In Schedule 1, omit paragraph 18. In Schedule 12, omit paragraph 14.
In the Police, Crime, Sentencing and Courts Act 2022, omit section 150(8).
“victim” has the meaning given by regulations made by the Secretary of State.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows. In section 1(9) (release of short-term, long-term and life prisoners)— In section 1AB (restricted eligibility for release on licence of terrorist prisoners)— In section 1B (prisoners serving consecutive sentences including at least one terrorism sentence)— In section 2 (duty to release discretionary life prisoners)— In section 3A (re-release of prisoners serving certain terrorism sentences and extended sentences)— In section 3C(6) (prisoners not to be released early by virtue of regulations under section 3C)— In the italic cross heading before section 26ZA, after “terrorism” insert “and national security-related”. In section 26ZA (terrorism sentences)— In section 27 (interpretation of Part 1)—
In the Schedule to the Repatriation of Prisoners Act 1984, paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to Scotland is amended as follows. If sub-paragraph (3F), (3G) or (3H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the prisoner as if the prisoner were serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 in respect of an offence specified in Part 2 of Schedule 5ZB to that Act (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security). This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 9 to 11, or paragraph 13 in a case where the listed offence is an offence specified in any of paragraphs 9 to 11, of Part 2 of Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995 (certain offences under the Official Secrets Acts or the National Security Act 2023). This sub-paragraph applies if the warrant specifies that— This sub-paragraph applies if the warrant specifies that— The Scottish Ministers may amend a warrant (whether issued before or after sub-paragraph (3E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (3F), (3G) or (3H). In sub-paragraph (4), for “that Act” substitute “the Prisoners and Criminal Proceedings (Scotland) Act 1993”.
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
In section 4(3) of the Offender Management Act 2007 (restriction on arrangements for the provision of probation services)—
at the end of paragraph (a) insert “or”;
omit paragraph (c) (and the “or” before it).
Paragraph 6 (effect of transfer) is amended as follows. In sub-paragraph (2)(b), for “, possible recall following release and any supervision default order” substitute “and possible recall following release”. In sub-paragraph (2)(c), for “, possible recall and any supervision default order” substitute “and possible recall”. In sub-paragraph (3), omit paragraph (c). In sub-paragraph (4), omit the definition of “supervision default order”.
Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows. In sub-paragraph (2)(a)— In sub-paragraph (4)(a)— In sub-paragraph (8)— In sub-paragraph (9)— In the Table in sub-paragraph (10), omit the entry for “Young offender institution”. Omit sub-paragraphs (11) and (12).
Omit paragraph 8A (further provision about supervision default orders) and the italic heading before it.
Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows. In sub-paragraph (2)(a), for “, 242 and 247” substitute “and 242”. In sub-paragraph (4)(a), for “sections 242 and 247” substitute “section 242”. Omit sub-paragraphs (9) to (12).
Omit paragraph 19B (electronic monitoring in Scotland of requirements in supervision default order) and the italic heading before it.
In paragraph 20(1) (interpretation), in the definition of “supervision”, omit paragraph (d) (but not the “or” at the end of it).
If sub-paragraph (4F), (4G) or (4H) applies by virtue of an offence in relation to which a determinate sentence is to be served, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 applies to the prisoner as if the prisoner were serving a sentence imposed under Article 15A of the Order in respect of an offence specified in Schedule 2B to the Order (sentence with a fixed licence period imposed in respect of an offence involving or connected with a threat to national security). This sub-paragraph applies if the warrant specifies that the offence or any of the offences in relation to which a sentence is to be served corresponds to an offence specified in any of paragraphs 1 to 3, or paragraph 5 in a case where the ancillary offence relates to an offence specified in any of paragraphs 1 to 3, of Schedule 2B to the Criminal Justice (Northern Ireland) Order 2008 (certain offences under the Official Secrets Acts or the National Security Act 2023). This sub-paragraph applies if the warrant specifies that— This sub-paragraph applies if the warrant specifies that— The Department of Justice may amend a warrant (whether issued before or after sub-paragraph (4E) comes into force and whether or not the transfer it authorises has taken place) so as to specify the matters referred to in sub-paragraph (4F), (4G) or (4H).
Section 10
Section 224A of the Armed Forces Act 2006 (special custodial sentence for offenders of particular concern) is amended in accordance with paragraphs 2 to 9.
In subsection (1)(b) (before its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), after “listed in” insert “Part 1 or 2 of”.
In subsection (1)(b) (after its substitution by paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), in sub-paragraph (i), after “listed in” insert “Part 1 or 2 of”.
In subsection (1A) (as inserted by paragraph 8(4) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021), for the words before paragraph (a), substitute “But nothing in subsection (1) results in this section applying if—”.
After subsection (1A) insert—
On the coming into force of paragraph 2 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021, in subsection (1B) of section 224A (as inserted by paragraph 5 of this Schedule), in paragraph (c)—
omit the “or” at the end of sub-paragraph (i);
after sub-paragraph (ii) (but before the “and” at the end of it) insert or.
In subsection (3), after “(1)(d),” insert “(1B)(c),”.
In subsection (3A) (as inserted by paragraph 41(9)(b) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021), after “subsection (1A)” insert “or (1B)”.
If paragraph 6(a)(ii) of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021 comes into force before paragraph 2 of this Schedule comes into force, this Schedule is to be read as if paragraph 2 were omitted.
Section 224B of the Armed Forces Act 2006 (as inserted by paragraph 9 of Schedule 8 to the Counter-Terrorism and Sentencing Act 2021) is amended in accordance with paragraphs 11 to 14.
In the heading, for “terrorist” substitute “certain”.
After subsection (1) insert—
In subsection (2), after “subsection (1)(d)” insert “or (1A)(d)”.
In subsection (5), after “subsection (1)” insert “or (1A)”.
In consequence of the amendments made by paragraphs 10 to 14, in the table in section 177J(5) of the Armed Forces Act 2006 (extension of driving disqualification where custodial sentence or service detention also imposed), in row 2, for “terrorist” substitute “certain”.
In paragraph 15 of Schedule 26 to the Sentencing Act 2020 (amendment of section 224A of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution), after sub-paragraph (a) insert—
Section 30(4) This is the Schedule to be inserted in the Criminal Justice Act 2003 after Schedule 19ZA—
Section 34(3)
The Offender Rehabilitation Act 2014 is amended as follows. In section 2, omit subsections (2) and (4)(a). Omit section 3. In section 5, omit subsections (6) to (8). In Schedule 1, omit Part 1. Omit Schedule 2. In Schedule 3, omit—
In the Terrorist Offenders (Restriction of Early Release) Act 2020, omit section 7(3).