The Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026
Activated specific criminal justice provisions concerning illegal pornography, child abduction, and abortion-related pardons.
These Regulations bring several provisions of the Crime and Policing Act 2026 into legal force on two separate dates in November 2026.
The instrument activates criminal law provisions regarding specific types of extreme or illegal pornography and child abduction on November 6, followed by provisions for pardons and the removal of criminal records for women investigated or convicted under abortion laws on November 16.
These mandates apply to the Ministry of Justice and law enforcement agencies, primarily within the jurisdiction of England and Wales.
Arguments For
The regulations serve as a necessary legal instrument to activate specific sections of the Crime and Policing Act 2026 that were not brought into force upon the Act's passing.
The explanatory note indicates that the pardons for abortion-related offences apply specifically to women who were acting in relation to their own pregnancy, addressing their past criminal records and investigations.
The document brings into force measures concerning pornographic images of strangulation, suffocation, sex between relatives, and sexual activity with children under 16, providing a legal basis for prosecution in England and Wales.
Arguments Against
The selective commencement of section 104 creates a jurisdictional difference, as subsections (1) to (3) are brought into force only for England and Wales, while their application to Northern Ireland remains pending under these regulations.
The document does not provide a new impact assessment, relying instead on assessments conducted for the primary Act, which may not reflect specific implementation concerns arising since the Act's passage.
Legal observers may note that the pardons for abortion-related offences are limited to specific historical legal contexts and do not extend beyond the parameters defined in section 242 of the parent Act.
Citation and interpretation
- -(1) These Regulations may be cited as the Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026.
- (2) In these Regulations, 'the Act' means the Crime and Policing Act 2026.
This section establishes the official name of the statutory instrument for legal citation purposes.
It also defines 'the Act' as the Crime and Policing Act 2026 to ensure clarity in subsequent references within the document.
Provisions coming into force on 6th November 2026
- The following provisions of the Act come into force on 6th November 2026-
- (a) section 104(1) to (3) (pornographic images of strangulation or suffocation: England and Wales and Northern Ireland), so far as it extends to England and Wales;
- (b) section 104(4) and (5);
- (c) section 106 (pornographic images of sex between relatives);
- (d) section 107 (pornographic images of sexual activity with child under 16);
- (e) section 137 (child abduction).
This regulation activates several criminal law provisions on November 6, 2026.
These include laws prohibiting the possession or distribution of pornographic images depicting strangulation, suffocation, incest, or sexual activity involving children under 16, as well as updated laws regarding child abduction.
While some of these sections mention Northern Ireland in their title, this specific commencement applies only to the jurisdiction of England and Wales.
Provision coming into force on 16th November 2026
- Section 242 of the Act (provisions for pardons and criminal records of women prosecuted under abortion law) comes into force on 16th November 2026.
This section brings into force the legal mechanism for granting pardons to women previously prosecuted under abortion laws.
Starting November 16, 2026, it requires the relevant authorities to clear criminal records for women who were convicted, cautioned, or investigated for abortion-related offences concerning their own pregnancies.
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