The Criminal Justice (Sentencing) (Licence Conditions) (Amendment and Revocation) Order 2026
Revised the standard licence conditions for released prisoners and introduced new requirements for disclosing passport information.
This Order updates the standard conditions applied to offenders released from prison on determinate sentences in England and Wales.
It mandates that offenders disclose passport details, obtain permission before applying for new travel documents, and keep supervising officers informed of all contact details and employment changes.
The Order applies to all offenders subject to supervision under Chapter 6 of Part 12 of the Criminal Justice Act 2003 and defines the role of the supervising officer responsible for managing these individuals.
Arguments For
The Secretary of State asserts that these conditions support public protection, the prevention of re-offending, and the successful re-integration of prisoners into the community.
The explanatory note states that the updated wording is intended to make standard conditions easier for offenders to understand.
The order introduces specific requirements regarding travel documents to ensure supervising officers are informed of an offender's ability to leave the jurisdiction.
Proponents indicate that the instrument replaces a previous version (S.I. 2026/760) solely to adjust the commencement date, ensuring administrative clarity.
Arguments Against
Legal commentators may question whether the requirement to disclose passport details or seek permission for new applications constitutes a disproportionate interference with an individual's right to personal documentation.
Civil liberties groups might argue that the broad requirement to "behave well" lacks legal specificity and could lead to inconsistent enforcement by supervising officers.
Implementation challenges could arise if supervising officers are not provided with clear criteria for approving or denying requests to start new types of work or stay at new addresses.
Citation, commencement and extent
- -(1) This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Amendment and Revocation) Order 2026.
- (2) Articles 1 and 3 come into force on 1st September 2026.
- (3) Article 2 comes into force on 1st October 2026.
- (4) This Order extends to England and Wales.
This section establishes the official name of the Order and its geographic jurisdiction over England and Wales.
The revocation of the previous order takes effect on 1 September 2026, while the substantive changes to licence conditions become law on 1 October 2026.
Amendments to the Criminal Justice (Sentencing) (Licence Conditions) Order 2015
- -(1) The Criminal Justice (Sentencing) (Licence Conditions) Order 2015( 2 ) 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 );'.
(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 defines a 'supervising officer' as the probation official assigned to manage an offender.
It sets out eleven mandatory conditions for offenders on licence, including restrictions on residence, employment, and travel.
Notable new requirements include the duty to disclose passport information and obtain permission before applying for new travel documents.
Revocation
- The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2026( 4 ) is revoked.
This section cancels a previous statutory instrument (S.I. 2026/760) that covered the same subject matter.
The document notes this revocation is necessary to facilitate a change in the date the rules take effect.
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