These Regulations officially activate specified parts of the Sentencing Act 2026 across the whole of the UK by setting two commencement dates: May 11, 2026, and June 1, 2026.
The provisions coming into force primarily concern establishing a duty for the Secretary of State to report annually on prison capacity, repealing outdated supervision rules, making community order and suspended sentence supervision termination simpler upon requirement completion, and enabling offenders serving IPP or DPP sentences to request early licence termination review by the Parole Board.
Arguments For
Introducing new requirements for annual reporting on prison capacity, enhancing governmental transparency regarding the justice system.
Removing arbitrary time limits for completing unpaid work requirements ensures flexibility in community sentences, focusing on requirement completion rather than a fixed deadline.
Streamlining the termination processes for community orders and supervision periods for suspended sentences allows sentences to conclude promptly upon fulfillment of requirements.
Allowing offenders on Imprisonment for Public Protection (IPP) or Detention for Public Protection (DPP) sentences to proactively request Parole Board review for licence termination provides a pathway for earlier release consideration for certain individuals.
Arguments Against
Implementing changes across England, Wales, Scotland, and Northern Ireland simultaneously may present complexities due to differing jurisdictional requirements for sentencing and parole processes.
Altering rules regarding the supervision period of suspended sentences, especially alignment with IPP/DPP sentences, may require significant procedural updates by probation and parole services.
Removing the maximum period for unpaid work could potentially lead to delays or inconsistent application if internal management processes do not adapt quickly to the new flexible completion framework.
The introduction of new termination mechanisms requires clear guidance and training for legal professionals, the judiciary, and the prison service to ensure consistent and fair application of the new statutory provisions.
STATUTORY INSTRUMENTS
2026 No. 402 (C. 35) CRIMINAL LAW
The Sentencing Act 2026 (Commencement No. 3) Regulations 2026
Made - - - -
13th April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 49(1) and (2) of the Sentencing Act 2026( 1 ).
These are Statutory Instruments, setting out specific legal rules under the authority of the UK Parliament.
They are numbered 2026 No. 402 (C. 35) and relate to Criminal Law, specifically dealing with the commencement of the Sentencing Act 2026.
The instrument was formally made on April 13, 2026.
The Secretary of State enacted these Regulations using powers granted under sections 49(1) and (2) of the Sentencing Act 2026.
Citation, extent and interpretation
- -(1) These Regulations may be cited as the Sentencing Act 2026 (Commencement No. 3) Regulations 2026.
- (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
- (3) In these Regulations, 'the Act' means the Sentencing Act 2026.
This section specifies how the document is officially referenced: The Sentencing Act 2026 (Commencement No. 3) Regulations 2026.
The Regulations apply across the entire UK, covering England, Wales, Scotland, and Northern Ireland.
Within the text of these Regulations, the Sentencing Act passed in 2026 is consistently referred to simply as 'the Act'.
Provisions coming into force on 11th May 2026
- The following provisions of the Act come into force on 11th May 2026-
- (a) section 21 (annual report relating to prison capacity);
- (b) section 34 and Schedule 5 (repeal of provisions relating to supervision after end of sentence);
- (c) section 36 (removal of maximum period for unpaid work requirement);
- (d) section 38 (termination of community order);
- (e) section 39 (termination of supervision period of suspended sentence order).
This regulation sets the first commencement date for several key provisions of the Sentencing Act 2026 as May 11, 2026.
These include initiating the requirement for an annual report on prison capacity (section 21).
Also starting are provisions that repeal rules about post-sentence supervision (section 34 and Schedule 5), remove the time limit for completing unpaid work requirements (section 36), and introduce new processes for ending community orders (section 38) and the supervision element of suspended sentences (section 39).
Provision coming into force on 1st June 2026
- Section 42 of the Act (imprisonment or detention for public protection: termination of licences) comes into force on 1st June 2026.
This section establishes a second commencement date, June 1, 2026.
On this date, section 42 of the Act becomes active.
Section 42 specifically deals with the termination of licenses for offenders sentenced to Imprisonment for Public Protection (IPP) or Detention for Public Protection (DPP).
| Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. |
This note clarifies that the version of the instrument presented is the exact text as it was first created and enacted.
It also indicates that, at the time of generation, no subsequent changes or amendments have been incorporated into this specific version.
Timpson Signed by the authority of the Secretary of State
Ministry of Justice
13th April 2026
This confirms the authority under which the Regulations were signed, attributing the signature to 'Timpson' acting on behalf of the Secretary of State.
The enacting department is the Ministry of Justice, and the date of signing was April 13, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Sentencing Act 2026 ('the 2026 Act').
Regulation 2 brings into force section 21, 34, 36 38, 39, and Schedule 5 of the 2026 Act. Section 21 places a duty on the Secretary of State to publish an annual report on prison capacity and repeals a duplicative duty in section 5 of the Prison Act 1952( 2 ). Section 34 and Schedule 5 amend the provisions in the Criminal Justice Act 2003( 3 ) and the Sentencing Act 2020( 4 ) relating to supervision after the end of a sentence.
Section 36 removes the requirement for offenders to perform the hours imposed under an unpaid work requirement within a 12 month period. Sections 38 and 39 introduce a new process for termination of community orders and the supervision period of suspended sentence orders. These will now end on completion of all court-ordered requirements and the offender's sentence plan.
Regulation 3 brings into force section 42 of the 2026 Act. Section 42 amends section 31 of the Crime (Sentences) Act 1997( 5 ) to allow offenders serving IPP or DPP sentences to request that the Secretary of State refer their case to the Parole Board to consider licence termination. Section 42 also makes provision to reduce the qualifying period for referring a prisoner who is serving an IPP sentence to the Parole Board for consideration of licence termination. This section provides an early opportunity for licence termination and aligns the IPP sentence with the DPP sentence.
An impact assessment has not been produced for this statutory instrument as no impact, or significant impact, on the private, voluntary or public sectors is foreseen.
The Explanatory Note confirms that the instrument details which parts of the 2026 Act take effect.
Regulation 2 introduces the requirement for an annual prison capacity report, removing an old duty from the Prison Act 1952.
It also modifies rules regarding post-sentence supervision from previous legislation.
Section 36 eliminates the one-year deadline for finishing unpaid work, and new procedures in sections 38 and 39 allow community orders and suspended sentence supervision to end as soon as all requirements and the sentence plan are fulfilled.
Regulation 3 activates section 42, allowing IPP/DPP prisoners to ask the Secretary of State to refer them to the Parole Board for licence termination, potentially reducing the time they must wait for this review.
Crucially, the note states that no formal impact assessment was created because no significant effect on the private, voluntary, or public sectors is anticipated from these commencement changes.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Sentencing Act 2026 have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. | |---|---|---| | Sections 30 and 31 | Various dates | S.I. 2026/86 | | Section 32(1) to (3) | Various dates | S.I. 2026/86 | | Section 32(4) | 31.3.2026 | S.I. 2026/86 | | Section 33 | Various dates | S.I. 2026/86 | | Section 44 | 22.3.2026 | S.I. 2026/86 | | Section 45 | 22.3.2026 | S.I. 2026/217 | | Schedule 4 | Various dates | S.I. 2026/86 |
This section provides historical context by listing provisions of the Sentencing Act 2026 that have already been activated by previous commencement regulations, cited by their Statutory Instrument number and date.
Several sections, including 30, 31, 32(1) to (3), 33, and Schedule 4, commenced on various dates under S.I. 2026/86.
Other specific provisions, like section 32(4) and section 44, had fixed commencement dates of March 31, 2026, and March 22, 2026, respectively.
Section 45 commenced on March 22, 2026, under a different instrument, S.I. 2026/217.
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