See Full Document Text
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS
2026 No. 772 (C. 65)
CRIMINAL LAW
The Sentencing Act 2026
(Commencement No. 5) Regulations 2026
Made - - - - 1st July 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 49(1)
and (2) of the Sentencing Act 2026(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Sentencing Act 2026 (Commencement No. 5)
Regulations 2026.
(2) In these Regulations, “the Act” means the Sentencing Act 2026.
Extent
2.—(1) These Regulations extend to England and Wales only, subject as follows.
(2) Regulations 3(c) and 3(h) extend to England and Wales, Scotland and Northern Ireland.
(3) Regulations 3(e) and 4(b) extend to England and Wales, Scotland, Northern Ireland, the Isle
of Man and the British overseas territories, except Gibraltar.
Provisions coming into force on 2nd September 2026
3. The following provisions of the Act come into force on 2nd September 2026—
(a) section 12 (removal of requirement to specify maximum number of days);
(b) section 13(1) to (5) (rehabilitation activity requirement renamed probation requirement);
(c) section 13(6) and (7) (rehabilitation activity requirement renamed probation requirement);
(d) section 14(1) to (7) (driving prohibition requirement);
(e) section 14(8) (driving prohibition requirement in the service justice system);
(f) section 15 (public event attendance prohibition requirement);
(g) section 16 (drinking establishment entry prohibition requirement);
(h) section 18 (power to add or alter requirements);
(1) 2026 c. 2.Document Generated: 2026-07-10
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(i) section 27 (licence conditions).
Provisions coming into force on 5th October 2026
4. The following provisions of the Act come into force on 5th October 2026—
(a) section 6(1) (finding of domestic abuse);
(b) section 6(2) (finding of domestic abuse in the service justice system).
Provisions coming into force on 18th January 2027
5. Section 37 of the Act (number of hours of work required by unpaid work requirement) comes
into force on 18th January 2027.
Signed by the authority of the Secretary of State
Timpson
Minister of State
1st July 2026 Ministry of Justice
2Document Generated: 2026-07-10
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Sentencing Act 2026 (c. 2) (“the 2026
Act”).
Regulation 3 brings into force sections 12 to 16, 18, and 27 of the 2026 Act on 2nd September 2026.
Section 12 amends Schedule 9 to the Sentencing Code, removing the requirement for a court to
specify the maximum number of days an offender may be instructed to participate in rehabilitative
activity as part of a community or suspended sentence order, where a “probation requirement”
is attached. Section 13 makes amendments to the Sentencing Code to change the name of the
“rehabilitation activity requirement” to “probation requirement”.
Sections 14 to 16 amend the Sentencing Code to introduce new community requirements that may
be imposed as part of a community or suspended sentence order. The court is permitted to prohibit
an offender from driving (section 14), attending public events (section 15) and entering drinking
establishments (section 16). Section 18 amends the Sentencing Code to give the Lord Chancellor
the power (via secondary legislation in England and Wales and Scotland and Northern Ireland) to
add to, or alter, requirements that may be imposed by a community or suspended sentence order.
Section 27(1) amends the Criminal Justice and Court Services Act 2000 (c. 43) to extend the power of
the Probation Service to drug test all offenders on licence. Section 27(2) to (7) amends the Criminal
Justice Act 2003 (c. 44) to give the Secretary of State powers to include new restrictive conditions
on the licences of offenders released from custody. These conditions include prohibiting an offender
from driving, attending public events and entering drinking establishments. It also includes imposing
a restriction zone to limit an offender’s movements to a specific geographical location.
Regulation 4 brings into force section 6 of the 2026 Act on 5th October 2026. Section 6(1) inserts
a requirement into the Sentencing Code for a judge to state in open court when, in their view, the
offence for which they are passing sentence involves domestic abuse carried out by the offender.
Section 6(2) inserts an equivalent provision into the Armed Forces Act 2006 (c. 52) for the service
justice system in relation to England and Wales, Scotland, Northern Ireland, the Isle of Man and the
British overseas territories (except Gibraltar).
Regulation 5 brings into force section 37 of the 2026 Act on 18th January 2027. Section 37 amends
Schedule 9 to the Sentencing Code to introduce an earned reduction in the number of unpaid work
hours an offender may be required to complete as part of a community or suspended sentence order.
An offender will be eligible to start earning credits after completing a qualifying period of 25% of
their sentenced hours with no unacceptable absences or instances of non-compliance. Thereafter,
offenders will earn a 30-minute reduction for every hour of unpaid work completed as long as they
continue to demonstrate sustained compliance.
A full impact assessment has not been produced for this statutory instrument as no, or no significant,
impact on the private, voluntary or public sector is foreseen.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Sentencing Act 2026 have been brought into force by
commencement regulations made before the date of these Regulations.
3Document Generated: 2026-07-10
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Provision Date of Commencement S.I. No.
Section 21 11.05.26 S.I. 2026/402
Section 23(1), (2), (6), (8), (11)(b) and (c) and 02.09.26 S.I. 2026/609
(12) to (15)
Section 23(3) to (5), (7), (10) and (11)(a) and Various dates S.I. 2026/609
(d)
Section 24(1)(a)(i) and (iii), (3)(a) and (5)(a) Various dates S.I. 2026/609
Section 24(1)(a)(ii), (2) and (6) 02.09.2026 S.I. 2026/609
Sections 30 and 31 Various dates S.I. 2026/86
Section 32(1) to (3) Various dates S.I. 2026/86
Section 32(4) 31.03.26 S.I. 2026/86
Section 33 Various dates S.I. 2026/86
Section 34 11.05.26 S.I. 2026/402
Section 36 11.05.26 S.I. 2026/402
Section 38 11.05.26 S.I. 2026/402
Section 39 11.05.26 S.I. 2026/402
Section 42 01.06.26 S.I. 2026/402
Section 44 22.03.26 S.I. 2026/86
Section 45 22.03.26 S.I. 2026/217
Schedule 4 Various dates S.I. 2026/86
Schedule 5 11.05.26 S.I. 2026/402
4