The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2026
Updated the mandatory standard conditions for prisoners released on licence, including new requirements for passport disclosure and simplified language for supervision rules.
This Order modifies the standard conditions applied to offenders serving determinate prison sentences upon their release on licence in England and Wales.
It mandates that offenders disclose passport information, seek approval for employment changes, and obtain permission before traveling outside the British Islands or applying for new travel documents.
The Order also updates the language of existing requirements regarding behavior, residency, and communication with supervising officers to increase clarity for the supervised person.
Arguments For
The order states that the Secretary of State has had regard to the protection of the public, the prevention of re-offending, and securing the successful re-integration of prisoners into the community.
The explanatory note claims the updated wording makes the standard conditions easier for offenders to understand.
The document introduces a new standard condition requiring offenders to disclose passport details and seek permission before applying for new travel documents to enhance supervision.
Proponents within the Ministry of Justice suggest the order clarifies the definition of a 'supervising officer' to align with the Offender Management Act 2007.
Arguments Against
Legal scholars may question the necessity of mandatory passport disclosure for all determinate sentence prisoners regardless of their specific offense or flight risk.
Civil liberties organizations might argue that requiring permission for work or staying at different addresses for a single night places disproportionate restrictions on an individual's right to privacy and rehabilitation.
Implementation difficulties may arise if supervising officers are required to manage high volumes of passport data and employment approval requests without additional resources.
The lack of a formal impact assessment has been noted in the document, which critics may argue overlooks potential administrative burdens on the probation service.
Citation, commencement and extent
- -(1) This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2026 and comes into force on 2nd September 2026.
- (2) This Order extends to England and Wales.
This section establishes the official name of the legislation and sets its commencement date as 2 September 2026.
It limits the legal application of these rules to the jurisdiction of England and Wales.
Amendment to the Criminal Justice (Sentencing) (Licence Conditions) Order 2015
- -(1) The Criminal Justice (Sentencing) (Licence Conditions) Order 2015 is amended as follows.
- (2) In article 1(2), after the definition of 'offender', insert-
''supervising officer' means the officer responsible for the management of the offender in accordance with arrangements for probation provision under section 3 of the Offender Management Act 2007;'.
(3) For article 3(2) (standard conditions), substitute-
- '(2) An offender must-
- (a) behave well and in a way that supports the purpose of the offender being on licence;
- (b) not commit any crime;
- (c) keep in touch with the supervising officer as instructed by the supervising officer;
- (d) meet with the supervising officer at any place the supervising officer specifies, including meeting the supervising officer where the offender lives;
- (e) stay at an address approved by the supervising officer and get permission from the supervising officer if they want to stay at another address for one or more nights;
- (f) tell the supervising officer about any new work, or type of work, they want to do, and get the approval of the supervising officer before starting the work;
- (g) tell the supervising officer if they have a passport and give the supervising officer any details about the passport that the supervising officer asks for;
- (h) get permission from the supervising officer if they want to apply for a new passport;
- (i) get permission from the supervising officer if they want to leave the United Kingdom, the Channel Islands or the Isle of Man. This condition does not apply if the offender is being deported or removed for immigration purposes;
- (j) tell the supervising officer about any names they use that are different to the names on their licence;
- (k) tell the supervising officer if their contact details change, including any telephone number or email address.'.
This section inserts a formal definition of a 'supervising officer' into existing law, identifying them as the person responsible for the offender's probation management.
It replaces previous standard licence conditions with a new list of eleven requirements that apply to all released prisoners.
These requirements include mandatory reporting, residency restrictions, and a new obligation to provide passport details or seek permission for travel and new employment.
The rules also demand that offenders notify their supervisor of any name changes or updates to their digital contact information, such as email addresses and phone numbers.
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