A Bill to Make provision about the sentencing, release and management after sentencing of offenders; to make provision about bail; to make provision about the removal from the United Kingdom of foreign criminals and the processing of information about foreign criminals for immigration purposes; and for connected purposes.
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Page 1
Part 1
Sentencing
Suspended sentences
Source Bill 299 EN 2024-25
247. Subsection (2) amends the Sentencing Code to insert a new section 264A after section 264 of the Sentencing Code. This subsection sets out the presumption to impose a suspended sentence order in respect of adults aged 18 or over, but under 21.
248. Section 264A(1) sets out the criteria that must be met for this measure to apply. The offender must be aged 18 or over, but under 21, at the date of conviction for the offence. The offender must be convicted of the offence on or after the day that section 1 of the Sentencing Act 2025 came into force; a court must have determined that a custodial sentence of twelve months or less is the appropriate sentence to impose; and a suspended sentence order must be available to the court for that sentence. Section 264 of the Sentencing Code provides the sentences that can be suspended for an offender aged 18 or over but under 21.
249. Section 264A(2) provides that the court must suspend the sentence unless there are exceptional circumstances relating to the offence or offender which justify not making a suspended sentence order. The intention is to preserve judicial discretion, where due to the circumstances of the case, the court does not consider that a sentence should be suspended. In proceedings before the Service courts, exceptional circumstances might include, for example, where it is in the interests of maintaining Service discipline. Section 264A(3) provides circumstances in which the presumption to suspend short custodial sentences of 12 months of less will not apply. Where an exception applies under section 264A(3), the court should consider, in the usual way, whether the custodial sentence should nevertheless be suspended by reference to the sentencing guidelines.
250. Sections 264A(3)(a), 264A(3)(b), and 264A(3)(c) are similar in intent, relating respectively to offenders, those in or associated with the armed forces, and those in hospital under the Mental Health Act 1983. Where an offender is already in custody or under detention at the time of sentencing, it may not be appropriate to impose a suspended sentence order and accordingly, it would be inappropriate for the presumption to suspend a short sentence to apply.
251. Section 264A(3)(a) provides that the presumption will not apply where the offender, on the date of the sentencing hearing, is in custody in accordance with a custodial sentence, is remanded in custody in different criminal proceedings, or has been committed to custody by court order.
252. Section 264A(3)(b) provides that the presumption will not apply where the offender, in or associated with the armed forces, is in custody in accordance with a sentence of service detention or custodial sentence, in detention pursuant to offences during the currency of a detention and training order, detained in service custody in different proceedings, remanded or admitted to hospital, or committed to custody by service court order.
253. Section 264A(3)(c) provides that the presumption will not apply where the offender is detained in hospital pursuant to a hospital order, including for those in or associated with the armed forces, or by direction of the Mental Health Act 1983.
254. Section 264A(3)(d) provides that the presumption does not apply where the sentence of detention in a young offender institution is one of two or more sentences that are imposed on the same occasion, and any of those sentences is more than 12 months, or the sentences are to be served consecutively and total more than 12 months. In these instances, the sentence would be more than 12 months, so the presumption to suspend a short sentence cannot apply.
255. Section 264A(3)(e) provides that the presumption does not apply where the offender is or was subject to a supervision order and is being resentenced for that offence or an associated offence. In such circumstances the presumption to suspend a short sentence does not apply because the offender has breached the supervision order.
256. Section 264A(3)(f) provides that the presumption does not apply where an offender has breached a court order, or breached an order or award in respect of a service offence within the meaning of the Armed Forces Act 2006. This includes where the offender has breached a civil order, any order related to violence against women and girls, or a previous suspended sentence order.
257. Section 264A(3)(g) provides that the presumption to suspend a sentence does not apply where the court considers that making the order would put a particular individual at a significant risk of physical or psychological harm.
258. Section 264A(4) gives the definition of remand for the purposes of subsection 264A (3)(a)(ii).
259. Section 264A(5) provides that a court must comply with pre-sentence report requirements in section 30 of the Sentencing Code, when forming opinions about whether there are exceptional circumstances (subsection 2) or a significant risk of harm (subsection (3)(g)). The court must obtain and consider a pre-sentence report when deciding whether to impose a suspended sentence order under section 264A unless in the circumstances of the case, the court considers that it is unnecessary to obtain a pre-sentence report.
260. Section 264A(6) provides that nothing in section 264A affects the court's power to impose a suspended sentence order in a case where section 264A does not apply. This refers both to a situation where a court is considering imposing a suspended sentence order in respect of a sentence of custody of more than one year or where a sentence of one year or less falls outside of the scope of section 264A.
261. Section 264A(7) provides definitions.
262. Subsection (3) inserts new section 277A into the Sentencing Code. This subsection sets out the presumption to impose a suspended sentence in respect of offenders aged 21 or over.
263. Section 277A(1) outlines circumstances which must be met for this measure to apply. The offender must be aged 21 or over when convicted of the offence; must be convicted on or after the date on which section 1 of the Sentencing Act 2024 came into force; the offence must be one for which the custodial sentence being imposed is not more than 12 months; and a suspended sentence order must be available to the court for that sentence.
264. Section 277A(2) to (4) mirrors section 264A(2) to (4) for offenders aged 21 or over, with two exceptions: firstly, the addition of subsection 277A(3)(b)(vi) which provides that the presumption to suspend short sentences does not apply to people in custody pursuant to a pre-Armed Forces Act 2006 custodial sentence. Secondly, subsection 277A(3)(d) does not reference young offender institutions.
265. Section 277A(5) provides the definition of pre-Armed Forces Act 2006 custodial sentence.
266. Section 277A(6) to (8) mirrors section 264A(5) to (7).
267. Subsection (4) provides that Schedule 1 makes consequential amendments.
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Source Bill 299 EN 2024-25
272. Clause 2 amends section 264 and section 277 of the Sentencing Code to provide that, where an offender is convicted of an offence following this section coming into force, the maximum term of custodial sentence which the court can suspend shall be 3 years unless the court is imposing an extended determinate sentence or a sentence for offenders of particular concern.
273. Clause 2 also amends section 288 to provide that, where the custodial sentence being suspended is longer than 2 years, the maximum operational period for the sentence shall be up to 3 years. Otherwise the maximum operational period shall be 2 years.
274. Subsections (2) and (3) of Clause 2 act to prevent an Extended Determinate Sentence or Sentence for Offenders of Particular concern from being suspended.
275. Subsection (8) amends the Armed Forces Act 2006 by inserting a new section 200ZA of the Armed Forces Act 2006. This ensures all equivalent custodial sentences available to the Service courts may be suspended where the sentence imposed is up to 3 years in length.
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Income reduction orders
Source Bill 299 EN 2024-25
276. Clause 3 introduces a new ancillary order which will be available to be issued alongside suspended sentence orders. The order will require an offender to pay a monthly amount which corresponds to a particular percentage of their monthly income above a threshold for up to the duration of their suspended sentence.
277. It does this by inserting a new Chapter 5 into Part 7 of the Sentencing Code, containing new sections 161A to 161G.
278. Section 161A defines what an income reduction order is. The section also contains a power to set a threshold of monthly income (which must be at least 170 times the hourly amount of the national minimum wage) above which constitutes “excess monthly income”, and sets out that regulations may make further provision about how monthly income is determined, including whether any amounts may be deducted from income before the threshold is applied.
279. Section 161B sets out that the Secretary of State must by regulations make provision about how the court is to determine the percentage of the offender’s monthly income which will be payable, but that such provision must specify a maximum percentage which may be payable, which itself must not exceed twenty per cent. It further lists factors which such regulations may provide that the percentage set by the court is to depend on.
280. Section 161C sets out that the Secretary of State may by regulations make such further provision about income reduction orders as the Secretary of State considers appropriate, including provision about collection, monitoring compliance, enforcement, recovery and appeals.
281. Section 161D sets out the circumstances in which an IRO is available to the court. It also gives the Secretary of State a power to make provision by regulations as to the circumstance in which a court may not make an income reduction order, and an offender is therefore exempt. It sets out that 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,
282. Section 161E sets what an income reduction order must specify, the limit on the period for which the order can have effect, what the court must have regard to in determining whether to make an order or what percentage to make payable under the order, and how the power to make income reduction orders is to interact with powers to make other orders.
283. Section 161F makes provision for the variation or discharge of an income reduction order. It sets out when an income reduction order may be varied or discharged, who may apply for variation or discharge, and how the order may be varied.
284. Section 161G contains supplementary provisions regarding income reduction orders. This includes definitions, a power for the Secretary of State to amend the definition of “income” by regulations, detail on the nature and procedure of the powers in the new chapter, and a consequential amendment.
Chapter 5
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Purposes of sentencing
Source Bill 299 EN 2024-25
285. Clause 4 amends section 57(2)(d) of the Sentencing Code (purposes of sentencing: adults) to explicitly refer to protection of victims of crime alongside the wider public. Equivalent provision is made by amending section 237(1)(e) of the Armed Forces Act 2006.
Deferment of sentence
Source Bill 299 EN 2024-25
286. Clause 5 amends section 5 of the Sentencing Code (making a deferment order), to substitute new wording in subsection (2) and introduce a new subsection (2A). The combined effect of clause 5 is to amend the maximum period in which courts can delay passing a sentence, after a deferment order has been made.
287. Subsection (2)(a) sets out that, for offenders convicted of one (or more) offences before the relevant date, a maximum deferment order period of 6 months will continue to apply.
288. Subsection (2)(b) sets out that, for offenders convicted of one (or more) offences on or after the relevant date, a maximum deferment order period of 12 months will apply.
289. Subsection (3) provides a definition of 'relevant date,' being the date that clause 5 will come into force.
Finding of domestic abuse
Source Bill 299 EN 2024-25
290. This clause inserts a new Chapter 6 into Part 3 of the Sentencing Code, introducing a statutory requirement for courts to make a formal finding of domestic abuse where relevant during sentencing.
291. Subsection (1) establishes the scope of the provision. It applies where a court is sentencing an offender and determines that the offence involved domestic abuse.
292. Subsection (2) requires the court to state in open court that the offence involved domestic abuse. This ensures transparency and creates a formal record of the judicial finding.
293. Subsection (3) clarifies that the requirement to make a judicial finding of domestic abuse does not override the court's existing duties under sections 59 and 60 of the Sentencing Code to follow sentencing guidelines. This preserves judicial discretion and ensures consistency with existing sentencing practice.
294. Subsection (4) defines "domestic abuse" by reference to the Domestic Abuse Act 2021, ensuring consistency with the statutory definition already in use across the criminal justice system.
295. Clause 6(2) makes equivalent provision summary hearings and proceedings in the Service courts.
296. The purpose of this clause is to improve the identification and recording of domestic abuse in criminal cases. It enables better data collection, supports targeted offender management and victim services, and enhances the visibility of domestic abuse within the justice system. The provision does not create a new offence or aggravating factor, nor does it affect sentence length. The judicial finding requires courts to explicitly state in their sentencing remarks when domestic abuse was a factor in the offence. The criminal procedure rules, and equivalent in the Service Justice System, will be amended to require that finding be recorded in the court record. The judicial finding will establish a single, consistent way to record when domestic abuse was a factor in a criminal offence, creating a defined category that can be used to identify and manage domestic abuse offenders, enable improved support for victims, and improved data on domestic abuse including analysis of reoffending. The judiciary already engage with the domestic abuse sentencing guideline, which provides a framework for identifying when domestic abuse is relevant to an offence. The judicial finding builds on this existing practice by formalising how that identification is recorded. It requires no change to judicial discretion or sentencing approach, but ensures that where domestic abuse has been identified, it is captured consistently in court records. This aligns with existing practice, where relevant background factors are routinely referenced in sentencing remarks without necessarily aggravating the sentence. The judicial finding formalises the current practice of considering domestic abuse at sentencing.
Chapter 6
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Offenders of particular concern
Source Bill 299 EN 2024-25
297. Clause 7 amends the Sentencing Code to add certain offences involving or connected with a threat to national security to Schedule 13. Schedule 13 lists offences for which a special sentence for offenders of particular concern (SOPC) is required as a minimum where the court imposes a sentence of imprisonment but does not impose either a life sentence or an extended sentence. This means that for these offences, a SOPC must be imposed instead of a standard determinate sentence.
298. Subsection (1) provides that amendments are being made to the Sentencing Code.
299. Subsections (2) and (3) amend section 252A of the Sentencing Code (required special sentence of detention for terrorist offenders of particular concern). The amendments extend the application of SOPCs to offenders aged under 18 who are convicted of an offence listed in new Part 3 of Schedule 13 (offences involving or connected with a threat to national security). Where the court would otherwise impose a standard determinate sentence, and does not impose either a life sentence or an extended sentence, a SOPC must be imposed. This applies to offences committed on or after the commencement date of this provision.
300. Subsection (4) amends section 265 of the Sentencing Code (required special sentence for certain offenders of particular concern) to apply the SOPC requirements to offenders aged 18 to 20 who are sentenced to detention in a young offender institution. The requirement applies where the offence is listed in new Part 3 of Schedule 13 and the offender is convicted on or after the commencement date. The provision also clarifies the application of SOPCs to offences listed in Part 1 or Part 3 of Schedule 13, depending on the date of commission of the offence.
301. Subsection (5) makes equivalent provision for offenders aged 21 or over by amending section 278 of the Sentencing Code. Where such an offender is convicted of an offence listed in new Part 3 of Schedule 13 on or after the commencement date, and the court would otherwise impose a standard determinate sentence, a SOPC must be imposed. As with section 265, the provision also clarifies the treatment of offences listed in Part 1 or Part 3 of Schedule 13 depending on the date of commission of the offence.
302. Subsection (6) inserts a new Part 3 into Schedule 13 to the Sentencing Code, setting out the offences for which a SOPC must be imposed. These offences are defined as involving or connected with a threat to national security.
303. Part 3 includes: Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct. National Security Act 2023 offences, such as sabotage, foreign interference, assisting foreign intelligence services, and failure to comply with registration or information requirements under the foreign activity regime. Electoral offences where the “foreign power condition” is met, excluding certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000. Other serious offences (punishable by more than two years' imprisonment) where the foreign power condition is determined to apply, unless the offence carries a mandatory life sentence.
304. The inclusion of these offences reflects the heightened risk posed by conduct that undermines national security, particularly where foreign state involvement is established. The SOPC framework ensures that such offenders are subject to extended licence conditions and post-release supervision, even where a life sentence or extended sentence is not imposed.
305. Subsection (7) makes a consequential amendment to section 51A(3)(ba) of the Crime and Disorder Act 1998, which governs the circumstances in which children and young persons may be sent to the Crown Court for sentencing. The amendment ensures that the provision applies not only to offences listed in section 252A(1)(a) of the Sentencing Code (terrorism offences), but also to those listed in section 252A(1A)(a) (national security offences).
306. Subsection (8) makes the a series of amendments to the Criminal Justice Act 2003 to ensure that the SOPC framework applies consistently to offenders sentenced under section 252A of the Sentencing Code, included those convicted of the relevant national security offences: Paragraph (a) amends section 244A so that the release provisions that currently govern SOPC offenders also apply to those sentenced under section 252A following these amendments.
307. Subsection (9) makes consequential amendments to the Sentencing Act 2020 to reflect the expanded scope of section 252A and the introduction of national security offences. These include updates to committal provisions, sentencing powers, transitional arrangements, and references to the relevant categories of SOPC offences. In particular, references to “terrorist” offenders are replaced with “certain” offenders to reflect the broader cohort now covered by the SOPC regime.
308. Subsection (10) ensures consistency between clause 7 and clause 31. Clause 7(8)(b) amends section 256AA of the Criminal Justice Act 2003, which concerns supervision at the end of a sentence. However, clause 31 repeals those supervision provisions. Subsection (10) therefore provides that if clause 31 is commenced before or simultaneously with clause 7(8), paragraph (b) of that subsection is to be disregarded, as it would otherwise amend provisions that are no longer in force.
and Wales
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Part 3
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Source Bill 299 EN 2024-25
309. Clause 8 makes changes to section 205ZC of the Criminal Procedure (Scotland) Act 1995 which provides for a custodial sentence with a fixed licence period for certain serious offences. The clause extends the scope of this sentencing framework beyond terrorism offences to include offences involving or connected with a threat to national security. These changes align the Scottish framework with the sentences for offenders of particular concern (SOPC) regime in England and Wales, ensuring that offenders who pose a comparable level of risk are subject to similar post-release supervision.
310. Subsection (1) provides that amendments are being made to s205ZC.
311. Subsection (2) updates the heading of section 205ZC by removing the word “Terrorism”, so that it better reflects the broader category of offences now covered. The revised heading will read "Sentence with fixed licence period".
312. Subsection (3) inserts new subsections (1A) and (1B) into section 205ZC. Subsection (1A) extends the application of section 205ZC to offenders convicted on indictment of an offence listed in new Part 2 of Schedule 5ZB, provided the conviction takes place on or after the date of commencement of section 8 of the Sentencing Act 2025. The provision applies only where the court does not impose a life sentence, detention for life, an order for lifelong restriction, serious terrorism sentence, or an extended sentence for the offence or any associated offence. Subsection (1B) defines what constitutes an associated offence for the purposes of subsection (1A), including offences sentenced together or taken into consideration during sentencing.
313. Subsection (4) updates subsection (2) of section 205ZC to clarify when the provision does not apply to offenders under 18, based on the date the offence was committed. It introduces two distinct cut off dates: For terrorism offences: before the commencement of section 23 of the Counter-Terrorism and Sentencing Act 2021. For national security offences listed in Part 2 of Schedule 5ZB: before the commencement of section 8 of the Sentencing Act 2025.
314. Subsection (5) amends the subsection (8)(a) of section 205ZCto clarify that the definition of “terrorism offences" applies specifically to offences listed in the new Part 1 of Schedule 5ZB.
315. Subsection (6) provides that amendments are being made to Schedule 5ZB to the Criminal Procedure (Scotland) Act 1995, which sets out the offences eligible for a sentence with fixed license period.
316. Subsection (7) updates the heading of Schedule 5ZB to reflect its expanded scope. The new heading will read: "Offences specified for the purpose of section 205ZC (sentence with fixed licence period)".
317. Subsection (8) amends Schedule 5ZB to divide it into two distinct parts. The existing offences in the Schedule are designated as “Part 1: terrorism Offences”, providing a clearer structural distinction between terrorism-related offences and the new category of national security offences introduced in Part 2.
318. Subsection (9) makes a technical amendment to paragraph 7(1) of Schedule 5ZB (ancillary offences) to clarify that the reference to “Part” now means “part of this Schedule". This ensures consistency following division of the Schedule into two parts.
319. Subsection (10) makes corresponding technical amendments to paragraphs 8 of Schedule 5ZB (abolished offences), to clarify the references to offences which would have constituted listed offences now relate specifically to “Part of this Schedule". This avoids ambiguity about which offences are being referred to in the context of historical abolition.
320. Subsection (11) inserts a new Part 2 to Schedule 5ZB listing offences involving or connected with a threat to national security. These offences are now eligible for a sentence with a fixed licence period under section 205ZC, where the court does not impose a life sentence, extended sentence, or other specified custodial sentence.
321. Part 2 includes: Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct. National Security Act 2023 offences, such as sabotage, foreign interference, assisting foreign intelligence services, and failure to comply with registration or information requirements under the foreign activity regime. Electoral offences where the “foreign power condition” is met, as defined in section 31 of the National Security Act 2023. This condition applies where conduct is carried out for or on behalf of a foreign power, and the person knew or ought reasonably to have known that to be the case. Certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000 are excluded. Ancillary offences, including aiding, abetting counselling, procuring, attempting, conspiring, and encouraging or assisting the commission of listed offences. These are captured explicitly to ensure preparatory or facilitative conduct is treated consistently. Other serious offences (punishable by more than two years' imprisonment) where the foreign power condition is met, unless the offence carries a mandatory life sentence. These are captured under paragraph 6 and reflect the aggravating factor set out in section 21 of the National Security Act 2023. The inclusion of these offences ensures that individuals who engage in conduct that threatens national security – particularly where foreign state involvement is present – are subject to enhanced post-release supervision under the SOPC framework, even where a life sentence or extended sentence is not imposed.
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Part 1
Part 2
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Source Bill 299 EN 2024-25
323. Clause 9 makes amendments to Article 15A of the Criminal Justice (Northern Ireland) Order 2008, which provides for a custodial sentence with a fixed licence period for certain serious offences. The clause extends the scope of this sentencing framework beyond terrorism offences to include offences involving or connected with a threat to national security. These changes mirror the sentences for offenders of particular concern (SOPC) regime in England and Wales and the equivalent provisions in Scotland, ensuring consistency in sentencing and post-release supervision for comparable offending.
324. Subsection (1) provides that amendments are being made to Article 15A.
325. Subsection (2) updates the heading of Article 15A by removing the word “Terrorism”, so that it reflects the broader category of offences now covered. The revised heading will read "Sentence with fixed licence period".
326. Subsection (3) makes a technical amendment to paragraph (2) of Article 15A, clarifying that the paragraph applies specifically by virtue of paragraph (1). This helps distinguish the original terrorism-based application of the provision from the new category introduced in paragraph (2A).
327. Subsection (4) inserts new paragraphs (2A) and (2B) into Article 15A: Paragraph (2A) extends the scope of Article 15A to offenders convicted after commencement of clause 9 of an offence listed in new Schedule 2B (offences involving or connected with a threat to national security). The provision applies only where the court does not impose a life sentence, indeterminate custodial sentence, serious terrorism sentence, or an extended custodial sentence for the offence or any associated offence, and decides to impose a custodial sentence. Paragraph (2B) sets out an exception to this extended application. Article 15A will not apply under paragraph (2A) where the offender is under 21 at the time of conviction and the offence was committed before the commencement of clause 9. This safeguard ensures compliance with Article 7 of the ECHR by avoiding retrospective application of a heavier penalty to younger offenders.
328. Subsection (5) inserts a new Schedule 2B into the Criminal Justice (Northern Ireland) Order 2008. This Schedule lists the relevant national security offences that, following conviction after the commencement of section 9 of the Sentencing Act 2025, may attract a custodial sentence with fixed license period under new paragraph (2A) of Article 15A. The Schedule reflects the types of conduct considered to pose a heightened risk to national security, particularly where foreign state involvement is established.
329. Schedule 2B includes: Espionage offences under the Official Secrets Acts 1911 and 1920, including preparatory and inchoate conduct linked to spying and incitement to spy. National Security Act 2023 offences, including obtaining or disclosing protected information or trade secrets; assisting foreign intelligence services; sabotage, foreign interference, and preparatory conduct; failure to comply with registration or information requirements under the foreign activity regime; provision of false information and conduct tainted by false information. Electoral offences where the “foreign power condition” is met, as defined in section 31 of the National Security Act 2023. This condition applies where conduct is carried out for or on behalf of a foreign power, and the person knew or ought reasonably to have known that to be the case. Certain offences under section 89A of the Political Parties, Elections and Referendums Act 2000 are excluded. Ancillary offences, including aiding, abetting counselling, procuring, attempting, conspiring, and encouraging or assisting the commission of listed offences. These are captured explicitly to ensure preparatory or facilitative conduct is treated consistently. Other serious offences (punishable by more than two years' imprisonment) where the foreign power condition is met, unless the offence carries a mandatory life sentence. These are captured under paragraph 6 and reflect the aggravating factor set out in section 20 of the National Security Act 2023. The inclusion of these offences ensures that individuals who engage in conduct that threatens national security – particularly where foreign state involvement is present – are subject to enhanced post-release supervision under the SOPC framework, even where a life sentence or extended sentence is not imposed.
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330. Clause 10 introduces corresponding provision under service law to mirror the reforms made by section 7 of the Sentencing Act 2025. These measures are set out in Schedule 2 of the Act and apply to sentencing for offenders of particular concern within the military justice system.
Rehabilitation activity requirement
Source Bill 299 EN 2024-25
343. Clause 11 removes paragraph 4(2) of Schedule 9 of the Sentencing Code. The intention of this is to remove the requirement for the court to specify a maximum number of days on which an offender should complete rehabilitation activity. This also applies to such a requirement imposed as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
344. The policy intention for clause 11 is neither to alter the type or ambit or instructions that the "responsible officer ” may issue to an offender under the new “probation requirement", nor to alter any of the mechanisms for breaches, revocations and amendments of the new requirement.
Source Bill 299 EN 2024-25
345. Clause 12 amends the wording “rehabilitation activity requirement" throughout the Sentencing Code to "probation requirement". This change will occur for the following sections in the Code: section 201, 287, 394, in the heading of Part 2 in schedule 9, and in paragraph 4(1) and 5(1) (Part 2) of Schedule 9.
346. It will also amend Schedule 11 on transfer of community orders to Scotland and Northen Ireland, specifically paragraphs 5(2)(b) and 12(2)(b) and Schedule 17 on transfer of suspended sentence orders to Scotland and Northen Ireland.
347. These amendments also apply to such a requirement imposed as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
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New community order requirements and community requirements
Source Bill 299 EN 2024-25
348. Subsection (2) confirms that the court can disqualify an offender from driving alongside imposing a driving prohibition requirement as part of a community or suspended sentence order.
349. Subsection (3) inserts the driving prohibition requirement into the list of community requirements available as part of a community order.
350. Subsection (4) sets out that the requirement is only available for offences committed after the Sentencing Act 2025 comes into force.
351. Subsection (5) achieves the same effect as subsection (3) but for suspended sentences.
352. Subsection (6) achieves the same effect as subsection (4) but for suspended sentences.
353. Within Subsection (7), new paragraph 8A(4) is intended to make to clear to courts that they may impose a driving prohibition requirement for punitive purposes, irrespective of whether the offence has any connection with driving. It has been included in light of Sentencing Guidelines on Driving disqualification (effective from 1 April 2025) which indicate that the use of the power to disqualify under section 163 of the Sentencing Code “should generally be reserved for cases which have involved the offender driving a vehicle or otherwise using a vehicle to commit the offence for which he or she is being sentenced". It is not intended that similar restrictions should apply here.
354. Paragraph 8A(4) is included only in light of particular concerns around the use of driving restrictions and not intended to suggest that, in the absence of such a provision, a requirement is expected to have a connection with the underlying offending. For example, there is no intention that a drinking establishment attendance prohibition requirement should only be imposed where the offending had some connection with a drinking establishment, or alcohol.
355. These provisions also to such a requirement imposed by the Service Courts as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
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Part 4A
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356. Subsection (2) inserts this requirement into the list of community requirements available as part of a community order.
357. Subsection (3) sets out that the requirement is only available for offences committed after the Sentencing Act 2025 comes into force.
358. Subsection (4) achieves the same effect as subsection (2) but for suspended sentences.
359. Subsection (5) achieves the same effect as subsection (3) but for suspended sentences.
360. Subsection (6) inserts content into Schedule 9 of the Sentencing Code setting out the detail of the requirement and the powers of the court.
361. These provisions also apply to such a requirement imposed by the Service Courts as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
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Part 4B
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362. Subsection (2) inserts the drinking prohibition requirement into the list of community requirements available as part of a community order.
363. Subsection (3) sets out that the requirement is only available for offences committed after the Sentencing Act 2025 comes into force.
364. Subsection (4) achieves the same effect as subsection (2) but for suspended sentences.
365. Subsection (5) achieves the same effect as subsection (3) but for suspended sentences.
366. Subsection (6) inserts content into Schedule 9 of the Sentencing Code setting out the detail of the requirement and the powers of the court.
367. These provisions also apply to such a requirement imposed by the Service Courts as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
Part 4C
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368. Subsection (2) inserts the requirement into the list of community requirements available as part of a community order.
369. Subsection (3) sets out that the requirement is only available for offences committed after the Sentencing Act 2025 comes into force.
370. Subsection (4) sets out that a partial copy of a community order is to be provided to any person intended to be protected by a restriction zone
371. Subsection (5) achieves the same effect as subsection (2) but for suspended sentences.
372. Subsection (6) achieves the same effect as subsection (3) but for suspended sentences.
373. Subsection (7) achieves the same effect as subsection (4) but for suspended sentences.
374. Subsection (8) inserts content into Schedule 9 of the Sentencing Code setting out the detail of the requirement and the powers of the court. In particular this section allows the requirement to be imposed for a maximum of 2 years which is intended to mirror similar requirements such as exclusion zones. The requirement must also include an electronic monitoring requirement for securing compliance unless a specified exception applies. This again intends to mirror similar requirements such as exclusion zones.
375. These provisions also apply to such a requirement imposed by the Service Courts as part of a suspended custodial sentence, Service Community Order or Overseas Community Order in the Service Justice System by virtue of sections 200, 178 and 182 of the Armed Forces Act 2006.
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Part 4D
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Source Bill 299 EN 2024-25
376. Subsection (2) confirms that section 407 of the Sentencing Code applies to this power.
377. Subsection (3) sets out the powers of the Lord Chancellor to add or alter community requirements by regulations by adding paragraph 13A to schedule 23 of the Sentencing Code: i) Sub-paragraph (1) of paragraph 13A allows the Lord Chancellor to add a requirement, make provision about an added requirement or alter provision about an existing requirement. ii) Sub-paragraph (2) allows the Lord Chancellor to make changes to other legislation in consequence of or in connection with any of the changes made under sub-paragraph (1). iii) Sub-paragraph (4) sets out that changes made using this power only apply to offences committed after the regulations come into force iv) Sub-paragraph (6) confirms that regulations are subject to the affirmative procedure.
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Sentencing Council for England and Wales
Source Bill 299 EN 2024-25
378. Clause 18 inserts new section 118A into the Coroners and Justice Act 2009 which introduces a statutory obligation on the Council to publish an annual business plan, which must first be approved by the Lord Chancellor.
379. Section 118A(1) provides that the Council must submit a business plan for the year to the Lord Chancellor for approval as soon as practicable after the start of each financial year.
380. Section 118A(2) requires the Council to set out within the plan sentencing guidelines that it proposes to prepare in the year, as well as other activities it proposes to undertake.
381. Section 118A(3) sets out that if the Lord Chancellor approves the plan, they must notify the Council, and, once notified, the Council must publish it.
Source Bill 299 EN 2024-25
382. Clause 19 amends sections 120 and 122 of the 2009 Act to introduce a statutory obligation on the Council to obtain the Lord Chancellor and Lady Chief Justice's joint approval of all sentencing guidelines prior to issuing them as final, definitive guidelines.
383. Section 120(7) and (8) currently provides that the Council must, after consulting on draft guidelines and considering any post-consultation revisions, issue them as definitive guidelines. Section 122(5) makes similar provision with specific regard to allocation guidelines. This clause amends section 120(7) and (8), and section 122(5), to provide that the joint consent of the Lord Chancellor and Lady Chief Justice must first be sought and given before any definitive guidelines are issued.
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Part 2
Management of offenders after sentencing
Release
Source Bill 299 EN 2024-25
384. Clause 20 makes changes to the release points for prisoners serving adult standard determinate sentences by way of amendment to the 2003 Act.
385. Subsection (2) amends section 243A of the 2003 Act which provides for unconditional release (release not on licence) for certain sentences of less than 12 months.
386. Subsection (2)(a) amends section 243A(1)(b) so that unconditional release no longer applies to prisoners serving adult standard determinate sentences of more than one day and less than 12 months and only applies to prisoners serving a sentence under section 250 of the Sentencing Code (those sentenced as youths) for a term of less than 12 months but more than 1 day who are still under 18 on the last day of their requisite custodial period. The amendments make clear that unconditional release only applies to adult standard determinate sentences if they are for a term of one day.
387. Subsection (2)(b) amends a previous transitional provision in section 243A(1A) which preserves unconditional release for sentences of less than 12 months for those sentenced before the coming into force of the Offender Rehabilitation of Offenders Act 2014 so that it applies only to offenders serving a sentence under section 250 of the Code.
388. Subsections (2)(c) replaces sections 243A(3)(a) with new (3)(a) and (aa) to provide two different release points, preserving one half release for sentences imposed under section 250 of the Sentencing Code but changing all adult sentences released under this provision to one-third of the sentence.
389. Subsection (2)(d) amends subsection 243A(4) so that section 243A is no longer subject to modification contained in paragraph 8 Schedule 20B (transitional cases), as it considered there are no such cases remaining in the system.
390. Subsection (3) amends section 244(3) to preserve the position that prisoners serving one sentence under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 of the Sentencing Code will be released on licence once they have served one-half of the sentence, and to alter the position for prisoners serving one sentence of any other kind released under this section for them to be released on licence once they have served one-third of the sentence.
391. Subsection (4) amends section 244ZA(8) (requisite custodial period for certain violent or sexual offenders – which standard determinate sentences known as SDS+) to change the release point for prisoners who are currently released at the two-thirds point of their sentence to now be released after serving one-half of that sentence, except for offenders subject to 244ZA(6) (offenders serving a sentence under section 250 of the Sentencing Code of more than seven years for relevant serious offences) who will continue to be released after serving two-thirds of their sentence.
392. Subsection (5) amends section 246 (power to release prisoners on licence before being required to do so: interpretation) as a consequence of changes to section 243A.
393. Subsection (6) amends section 256B(1A) so that the section, which provides 6 months supervision period for certain youth offenders, no longer applies to offenders serving a sentence under 262 of the Sentencing Code (sentences of Detention in a Young Offenders Institution).
394. Subsection (7) amends section 264 (consecutive terms). Section 264 sets out how sentences imposed consecutively to each other are to be calculated and served, in light of the changes to the one third release point change for adults.
395. Subsection (8) amends section 264B. Section 264B provides for calculation of consecutive sentences where there is a sentence subject to the transitional release provisions of the Offender Rehabilitation Act 2014 in the mix. As a consequence of the removal of the transitional provision for adults in section 243A (see clause 15(2)(b) of the Bill), section 264B will now only apply to youths, and subsection (7) makes amendments to that effect.
396. Subsection (9) amends section 267 (power to modify the release points) by adding sections 243A(3)(aa) and 244(3)(aa) to reflect the changes in subsection (2)(c) and (3) and by extending the power to allow for the modification of release points to SDS+ cases by adding section 244ZA and updating the reference to section 264. This brings SDS+ cases in line with SDS cases.
397. Subsection (10) revokes a statutory instrument from 2024 which previously made modifications to SDS release points.
398. Subsection (11) makes consequential amendments to various Acts which made amendments to the provisions that are being repealed or altered in the above changes. The changes in subsection (d) to SI 2024/1331 only repeals the modifications in that Order to the S.I 2024.844 Order modifying release points.
399. Subsections (12 to 15) is an application provision which provides for the changes in this clause to apply to all new sentences, but also to alter the release point of those already sentenced where they have not yet reached their automatic release point. This will apply to those in custody at the point of commencement and those in the community having been released on HDC. It does not apply to those unlawfully at large. The changes also do not apply to an adult prisoner who: (a) is serving a national security offence which, after commencement, will be become an offence which would fall into SOPC (Special Custodial Sentence for Certain Offenders of Particular Concern) release provisions (section 244A of the 2003 Act) (subsection 13). As this will only apply for those sentenced before commencement the exclusion is for an exhaustive number of prisoners. (b) the prisoner is serving a sentence which after commencement would have attracted the release provisions of section 244ZA of the 2003 Act for sexual and violent offenders. This only applies to those sentenced before commencement so for an exhaustive number of prisoners and regardless of when they were sentenced or when the maximum for their sentence became a life sentence (subsection 14).
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400. Clause 21, subsections (1) to (3) make amendments to section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) and corresponding amendments to section 177 of the Armed Forces Act 2006 to reflect the new release points in Clause 15 in relation to the extension of driving disqualification periods.
401. Subsection (3)(b) also updates the order making power under section 35A so where release points are modified by section 267 of the 2003 Act, corresponding amendments can be made to the driving extension periods.
402. Subsection (5) amends section 166 of the Sentencing Act 2020 in line with the changes to section 35A of the Road Traffic Offenders Act 1998 to ensure consistency in the extension of driving disqualification periods and to enable future changes by regulation.
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403. Clause 22(2) amends section 244ZA of the 2003 Act (release on license of certain sexual and violent offenders) to insert new subsections (9) to (11) to apply the provisions of that section to corresponding service offences.
404. Clause 22(3) is an application provision which has the effect of applying the release provisions of section 244ZA of the 2003 Act to prisoners currently serving qualifying sentences in prison as well as to those sentenced after commencement.
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405. Clause 23 makes amendments to limit the provisions regarding home detention curfew (HDC) in section 246 of the 2003 Act, which contains the power for the Lord Chancellor to release an offender on licence before required to do so on HDC.
406. Subsection (2) amends section 246 to provide that the power can only be used to release an offender serving one or more sentences under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 of the Sentencing Code i.e. offenders sentenced as youths (except for those falling into section 244ZA (SDS+) or section 247A (terrorist prisoners)). Offenders serving adult SDS will no longer be able to be released early on home detention curfew.
407. Section 246(4)(gb) was introduced to change the policy whereby offenders released under the Criminal Justice Act 1991 and then recalled could never be released on HDC in relation to any future sentence. It provides that HDC release is only prohibited where the requisite custodial period for the previous sentence ended less than 2 years before the beginning of the current sentence. Subsection (2)(i) deems a definition of “requisite custodial period" to apply to make it clear that this period is the same as that mentioned in section 244(3)(a) (i.e., one half of the sentence) as the term “requisite custodial period" is not one used in the 1991 Act. For all other offenders, the period will be as set out in section 243A(3)(a), (aa) or (b) or 244(3)(a), (aa) or (d) (i.e., one half or one third, as the case may be).
408. Subsection (3) amends section 255BA to remove references to recall following release on HDC for adult SDS.
409. Subsections (4) to (6) are consequential amendments required as a result of the removal of HDC release from adult SDS.
410. Subsection (7) is an application provision providing that the clause does not apply to those offenders (including adult SDS) who are released on HDC at the time of commencement.
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Licences
Source Bill 299 EN 2024-25
411. Subsection (1) amends section 64 of the Criminal Justice and Court Services Act 2000 to remove the restriction on drug testing to those who misuse drugs or have a dependency, so all offenders on licence can be tested.
412. Subsection (3) amends section 250 of the 2003 Act to include the new standard conditions which the Lord Chancellor may include in a licence under section 250(4)(b), namely a driving prohibition, a public event attendance prohibition, a drinking establishment entry prohibition and a restriction zone condition. Subsections (4) to (7) insert new sections 250A, 250B, 250C and 250D into the 2003 Act to provide for each of these conditions.
413. Subsection (8) makes consequential amendment to the Offender Rehabilitation Act 2014 in light of the repeals to the drug testing provision in section 64 of the Criminal Justice and Court Services Act 2000.
414. Subsection (9) is an application provision, which provides that the changes apply to all offenders released after commencement, as well as to those on licence at commencement.
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415. Clause 25 amends the Criminal Justice and Court Services Act 2000 to enable the imposition of licence conditions under sections 62, 64 and 64A of that Act in respect of those sentenced to detention or a custodial order under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
legislation
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Recall and further release
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416. Clause 26 inserts a power for the Lord Chancellor to make provision about when and under what circumstances an offender can be recalled to prison.
417. Subsection (2) inserts new sub-sections (6A) and (6B) into section 254 of the 2003 Act, which provide a power for the Lord Chancellor to change by order the threshold for revocation of an offender's licence.
Source Bill 299 EN 2024-25
418. Clause 27 amends the provisions of the 2003 Act which relate to further release after recall.
419. Subsection (2) replaces existing section 255A to set out how the Lord Chancellor is to deal with an offender following revocation of their licence and recall to prison to determine whether they can be re-released automatically.
420. New sections 255A(3) to (6) apply to relevant young offenders (those serving one or more sentences imposed under section 250 of the Sentencing Code or section 91 of the PCC(S)A 2000). The provisions of existing section 255A are retained, meaning that a relevant young offender must be re-released automatically if they are 18 or over, serving a sentence of less than 12 months, not recalled on account of being charged with a serious offence (murder or an offence under Schedule 18 Sentencing Code), and not managed under level 2 or 3 MAРРА. A relevant young offender may also be re-released automatically if they will not pose a risk of serious harm to the public. If suitable for automatic release, they must be dealt with under section 255B, and if not suitable, under section 255C.
421. New sections 255A(7) to (9) apply to offenders who are not relevant young offenders. These offenders will be eligible for automatic release unless they fall into one of the exceptions in section 255A(8), or the Lord Chancellor has determined they should not be automatically released pursuant to section 255BA(5). If eligible for automatic release, they must be dealt with under section 255BA, and if not eligible, under section
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release
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Removal of requirement for supervision after sentence
Early removal of prisoners liable to removal from the United Kingdom
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Community order requirements and community requirements
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Part 3A
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Parole Board rules
Repatriated prisoners
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Certain life sentences
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Part 3
Bail
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Part 4
Foreign criminals
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Part 5
General
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made by this Act
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Schedules
Source Bill 299 EN 2024-25
268. Schedule 1 makes amendments consequential on the new provision for the presumption to suspend short custodial sentences of 12 months or less.
269. Paragraphs 1 and 2 amend references to the power to suspend a custodial sentence in the Firearms Act 1968 and Proceeds of Crime Act 2002 so that they explicitly include reference to new sections 264A and 277A of the Sentencing Code, which set out the presumption to suspend short custodial sentences of 12 months or less.
270. Paragraph 3 amends the Armed Forces Act 2006 to provide that the presumption to suspend short custodial sentences applies similarly in the service justice system. The presumption applies only to sentences of imprisonment, which are served in the civilian prison system. It does not apply to sentences of service detention.
271. Paragraph 4 inserts a new paragraph 54A into Schedule 22 to the Sentencing Code which contains amendments to be made to the Sentencing Code. This is so that, in the event that the decision is taken to commence relevant aspects of Schedule 22 to abolish 'young offender institutions', section 277A will apply to all offenders aged 18 or over.
Presumption of suspended sentence order: consequential provision
Firearms Act 1968
Proceeds of Crime Act 2002
Armed Forces Act 2006
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Sentencing Act 2020
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331. Paragraph 1 of Schedule 2 confirms that section 224A of the Armed Forces Act 2006, which governs special custodial sentences for offenders of particular concern (SOPC), is amended in line with paragraphs 2 to 9 of Schedule 2.
332. Paragraphs 2 and 3 make technical amendments which update references in subsection (1)(b) of section 224A (both pre- and post-substitution by the Counter-Terrorism and Sentencing Act 2021). They expand the scope of listed offences to include those in both Part 1 and Part 2 of Schedule 13 to the Sentencing Code.
333. Paragraph 4 revises the introductory wording of subsection (1A), clarifying that the SOPC regime does not apply in certain circumstances.
334. Paragraph 5 inserts a new subsection (1B) into section 224A to extend the SOPC regime to additional cases under service law. It applies where an adult is convicted by the Court Martial of a qualifying offence on or after the commencement of paragraph 5. Qualifying offences include those linked to national security (as defined in Part 3 of Schedule 13 to the Sentencing Code) and offences involving foreign power influence, provided the specified sentencing thresholds are not met. The provision also ensures that the regime applies to offences committed by offenders under the age of 18, where the offence was committed on or after the relevant commencement date.
335. Paragraph 6 updates subsection (1B)(c) of section 224A to reflect the introduction of serious terrorism sentences under the Sentencing Code. Specifically, it adds a new sub-paragraph (iii), ensuring that where such a sentence is imposed under section 268A or 282A (as applied in service law), the SOPC regime does not apply. This mirrors the approach in civilian law and ensures that the most serious terrorism cases are dealt with under the appropriate sentencing framework.
336. Paragraphs 7 and 8 make consequential amendments to subsections (3) and (3A) of section 224A. They ensure that references to subsection (1B) are properly integrated into the existing statutory structure.
337. Paragraph 9 introduces a transitional provision designed to manage potential sequencing issues between the commencement of related legislation. 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, paragraph 2 is to be disregarded.
338. Paragraph 10 signals amendments to section 224B of the Armed Forces Act 2006, which was originally inserted by the Counter-Terrorism and Sentencing Act 2021. The details of those amendments are set out in the following paragraphs (11 to 13).
339. Paragraph 11 introduces a new subsection (1A) into section 224B of the Armed Forces Act 2006, extending the SOPC regime to certain offenders under the age of 18 convicted by the Court Martial. It applies where the offence is either: a criminal conduct offence corresponding to a national security-related offence in Part 3 of Schedule 13 to the Sentencing Code (excluding paragraph 18), or an indictable offence (not carrying a mandatory life sentence) where the foreign power condition is met under section 69A.
340. This provision ensures that, where neither a life sentence nor an extended sentence is imposed, but a custodial sentence would otherwise be appropriate, the SOPC framework applies. This aligns service law with the evolving approach to serious youth offending in the civilian system, particularly in terrorism or foreign power-related case.
341. Paragraphs 12 and 13 make consequential amendments to subsections (2) and (5) of section 224B, ensuring that references to the new subsection (1A) are properly integrated.
342. Paragraph 14 updates Schedule 26 to the Sentencing Act 2020, which deals with the future abolition of detention in a young offender institution. It makes three targeted amendments to subsection (1B)(c) of section 224A (as inserted by the Sentencing Act 2025), refining the terminology to reflect the shift away from "custody" and "detention" in favour of "imprisonment ” alone. These changes ensure that the statutory language remains accurate and future-proofed as sentencing practice evolves.
Corresponding provision about sentencing under service law: sentences for
offenders of particular concern
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Offences where offender not eligible for automatic release under section
255BA after recall
Offences where offender not eligible for release at the end of the section
255BA automatic release period
Official Secrets Act 1911
Official Secrets Act 1989
Terrorism Act 2000
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Counter-Terrorism Act 2008
Counter-Terrorism and Security Act 2015
Counter-Terrorism and Border Security Act 2019
National Security Act 2023
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Acting for foreign power
Inchoate offences
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Service offences
Repeal of provisions relating to supervision after end of sentence:
consequential provision
Part 1
Amendments consequential on repeals made by section
Crime (Sentences) Act 1997
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Crime and Disorder Act 1998
Criminal Justice Act 2003
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Offender Management Act 2007
Sentencing Code
Part 2
Repeal of provision which inserts or amends provision repealed by section
Offender Rehabilitation Act 2014
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Criminal Justice and Courts Act 2015
Sentencing Act 2020
Terrorist Offenders (Restriction of Early Release) Act 2020
Police, Crime, Sentencing and Courts Act 2022
No amendments available.