The Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026
Activated multiple provisions of the Crime and Policing Act 2026 concerning anti-social behaviour, SIM farms, police conduct lists, and extradition procedures.
This statutory instrument brings several sections of the Crime and Policing Act 2026 into legal force across four dates in late 2026.
It activates new legal mechanisms including respect orders, youth and housing injunctions, and criminal offences related to 'SIM farms' and specified articles.
The regulations also establish police barred and advisory lists, update extradition procedures for convicted persons, and grant registered social housing providers new powers to close premises.
The instrument applies to law enforcement agencies, social housing providers, the judiciary, and individuals subject to criminal or civil proceedings in England and Wales.
Arguments For
The regulations serve to bring primary legislation into force in a phased manner, as authorized by section 255 of the Crime and Policing Act 2026.
The document indicates that impact assessments for these measures were previously produced during the passage of the 2026 Act, suggesting the economic and social implications were reviewed by the Home Office.
The use of saving provisions in Regulation 6 ensures that new extradition rules do not apply retroactively to individuals arrested before the commencement date, maintaining legal consistency for ongoing cases.
Arguments Against
Legal practitioners may note that the partial commencement of sections (such as section 50 and Schedule 6) for limited purposes like 'rules of court' creates a period of regulatory complexity where the full power is not yet active.
Civil liberties groups have previously raised concerns regarding the broad nature of 'respect orders' and SIM farm possession offences, though these specific regulations only address the timing of their implementation rather than their substance.
The reliance on previous impact assessments for the primary Act means there is no updated analysis of the specific administrative costs for local authorities or social housing providers tasked with enforcing the new anti-social behaviour provisions.
Citation and interpretation
- -(1) These Regulations may be cited as the Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026.
- (2) In these Regulations, 'the 2026 Act' means the Crime and Policing Act 2026.
This section establishes the official name of the regulations for legal citation purposes.
It also defines 'the 2026 Act' as a shorthand reference to the Crime and Policing Act 2026 throughout the rest of the document.
Provisions coming into force on 21st September 2026
- 2 The following provisions of the 2026 Act come into force on 21st September 2026-
- (a) section 50 (power to make CCE prevention order), so far as necessary to provide the meaning of 'defendant';
- (b) section 58(6) (appeals: rules of court);
- (c) section 61(2) and (4) (special measure for witnesses: rules of court);
- (d) section 62(1) (interpretation and supplementary provision);
- (e) section 63 (orders made on conviction), so far as it relates to provisions commenced by paragraph (i);
- (f) sections 205 to 211 (barred and advisory lists);
- (g) section 212 (special police forces: barred persons lists and advisory lists), to the extent not already in force;
- (h) section 213 (barred and advisory lists: consequential amendments);
- (i) paragraph 1 of Schedule 6 (CCE prevention orders on conviction), only so far as it inserts section 358I(2) and (4) in Part 11 of the Sentencing Code;
- (j) Schedule 25 (special police forces: barred persons lists and advisory lists), to the extent not already in force.
This section activates various administrative and procedural components of the 2026 Act starting 21 September 2026.
These include definitions for Child Criminal Exploitation (CCE) prevention orders and the creation of police 'barred and advisory lists' to manage individuals prohibited from working in policing.
It also enables the creation of court rules for appeals and witness special measures.
Provisions coming into force on 29th September 2026
- 3 The following provisions of the 2026 Act come into force on 29th September 2026-
- (a) section 113 to 115 (other sexual offences);
- (b) section 204 (appeals to police appeals tribunals), to the extent not already in force;
- (c) section 246 (extradition: cases where a person has been convicted).
This section brings into force laws regarding specific sexual offences and updates the procedures for police appeals tribunals on 29 September 2026.
It also activates section 246, which alters how extradition cases are handled when the person in question has already been convicted of a crime.
Provisions coming into force on 26th October 2026
- 4 The following provisions of the 2026 Act come into force on 26th October 2026-
- (a) section 1 (respect orders);
- (b) section 2 (youth injunctions, housing injunctions and consequential amendments);
- (c) section 3(1) to (4) (maximum period for certain directions, notices and orders);
- (d) section 4 (fixed penalty notices);
- (e) section 5 (closure of premises by registered social housing provider);
- (f) section 6 (reviews of responses to complaints about anti-social behaviour);
- (g) Schedule 1 (youth injunctions, housing injunctions and consequential amendments);
- (h) Schedule 2 (closure of premises by registered social housing provider);
- (i) Schedule 3 (LPB case reviews: supplementary provision).
Effective 26 October 2026, this section enacts measures to address anti-social behaviour, including the introduction of 'respect orders' and new injunctions for youths and housing.
It also grants registered social housing providers the legal authority to close premises and mandates reviews for how complaints regarding anti-social behaviour are handled.
Provisions coming into force on 29th October 2026
- 5 The following provisions of the 2026 Act come into force on 29th October 2026-
- (a) sections 151 to 153 (SIM farms);
- (b) sections 154 to 156 (offences of possession and supply of a specified article and supplementary provision);
- (c) sections 197 and 198 (the police: accelerated investigation procedure in respect of criminal conduct and conditions for notification of Director of Public Prosecutions of investigation report);
- (d) Schedule 16 (possession or supply of SIM farms or other specified articles: powers of entry etc).
This section criminalizes the possession and supply of 'SIM farms'—devices used to send large volumes of electronic messages—and other specified articles starting 29 October 2026.
It also implements accelerated police investigation procedures and grants new powers of entry to search for these devices.
Savings relating to the coming into force of section 246 of the 2026 Act (extradition: cases where a person has been convicted)
- -(1) The amendments made to section 20 of the Extradition Act 2003( 2 ) ('the 2003 Act') (case where person has been convicted: category 1 territories) by section 246(2) of the 2026 Act do not apply where-
- (a) an extradition hearing arises from a person's arrest under section 3 or 5 of the 2003 Act( 3 ), and
- (b) the arrest took place before 29th September 2026.
(2) The amendments made to section 85 of the 2003 Act (case where person has been convicted: category 2 territories) by section 246(3) of the 2026 Act do not apply where-
- (a) an extradition hearing arises from a person's arrest under section 71, 73 or 74A of the 2003 Act( 4 ), and
- (b) the arrest took place before 29th September 2026.
This regulation contains 'saving provisions' which act as an exemption to the new extradition rules.
It directs that the new legal requirements for extradition cases involving convicted persons will not apply to anyone arrested before 29 September 2026, ensuring they are processed under the previous version of the Extradition Act 2003.
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