These Regulations, made by the Secretary of State, specify the commencement dates for key provisions of the Sentencing Act 2026, particularly sections 23 and 24, which relate to the early release of prisoners serving adult standard determinate sentences in England and Wales.
Section 23 reduces the required custodial period from 40 or 50 percent to one-third for releases under section 244 of the Criminal Justice Act 2003, and from two-thirds to one-half for releases under section 244ZA; these changes begin applying to most eligible prisoners on September 2nd, 2026, with complex phasing for those serving longer sentences or subject to Home Detention Curfew, ensuring consequential updates to driving disqualifications are also covered.
Arguments For
Implements changes to early release rules, specifically reducing the minimum custodial periods required before offenders sentenced under the standard determinate sentence regime become eligible for release, aligning them with the one-third point of the sentence.
Ensures consequential amendments to driving disqualification periods (Section 24 of the Act) are brought into force concurrently with changes to custodial periods, maintaining consistency in sentencing outcomes.
Provides a structured, phased commencement approach (Regulation 3) that manages the administrative and legal transition for prisoners serving sentences imposed before the new rules take effect, linking commencement dates to the length of the existing sentence.
Arguments Against
Implementing significant changes to early release eligibility retrospectively for sentences imposed under previous legislation may face legal challenges regarding legitimate expectation or retrospective application of criminal law changes.
The phased commencement structure based on sentence length (Regulation 3) creates complexity in determining the exact date statutory changes apply to specific individuals currently serving sentences, potentially leading to administrative difficulty and disputes.
Excluding certain sentences, such as those under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 of the Sentencing Code, from the application of section 23(10) leaves specific categories unaffected by the broader commencement provisions, creating exceptions within the new framework.
STATUTORY INSTRUMENTS
2026 No. 609 (C. 49)
CRIMINAL LAW, ENGLAND AND WALES
The Sentencing Act 2026 (Commencement No. 4) Regulations 2026
Made - - - -
8th June 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 rules made under the authority of primary legislation.
Specifically, they are the fourth commencement order for the Sentencing Act 2026, numbered 609 for the year 2026, dealing with Criminal Law in England and Wales.
The Secretary of State made these regulations on June 8th, 2026, using powers granted under section 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. 4) Regulations 2026.
- (2) These Regulations extend to England and Wales.
- (3) In these Regulations, 'the Act' means the Sentencing Act 2026.
The first article dictates the naming, geographical scope, and interpretation for the instrument.
The Regulations are formally cited as the Sentencing Act 2026 (Commencement No. 4) Regulations 2026.
They apply only to England and Wales.
Within the text, 'the Act' refers specifically to the Sentencing Act 2026.
Provisions coming into force on 2nd September 2026
- The following provisions of the Act come into force on 2nd September 2026-
- (a) section 23(1), (2), (6), (8), (11)(b) and (c) and (12) to (15) (release);
- (b) section 24(1)(a)(ii), (2) and (6) (release: consequential amendments relating to driving disqualification);
- (c) save as set out in regulations 3 to 5-
- (i) section 23(3) to (5), (7), (10) and (11)(a) and (d) (release);
- (ii) section 24(1)(a)(i) and (iii), (3)(a) and (5)(a) (release: consequential amendments relating to driving disqualification).
This article sets September 2nd, 2026, as the commencement date for certain parts of the Act.
This includes the main provisions of section 23, which deals with prisoner release, and specific aspects of section 24 concerning consequential changes to driving disqualification rules.
However, subsections 23(3) to (5), (7), (10), and (11)(a) and (d), along with corresponding parts of section 24, are excluded from this immediate commencement and are subject to later commencement specified in Regulations 3, 4, and 5.
Provisions coming into force between 2nd September 2026 and 8th June 2027
- -(1) In relation to a person who is serving a sentence of imprisonment or detention imposed before 2nd September 2026 and who, immediately before that date, is in custody or detention pursuant to the sentence, the provisions in regulation 2(c) come into force on the relevant day.
- (2) In this regulation, 'the relevant day' means-
( 1 ) 2026 c. 2.
- (a) 2nd September 2026, where the relevant sentence is less than 575 days;
- (b) 13th October 2026, where the relevant sentence is greater than 574 days and less than 883 days;
- (c) 10th November 2026, where the relevant sentence is greater than 882 days and less than 1163 days;
- (d) 8th December 2026, where the relevant sentence is greater than 1162 days and less than 1562 days;
- (e) 12th January 2027, where the relevant sentence is greater than 1561 days and less than 2122 days;
- (f) 9th February 2027, where the relevant sentence is greater than 2121 days and less than 2759 days;
- (g) 9th March 2027, where the relevant sentence is greater than 2758 days and less than 3284 days;
- (h) 13th April 2027, where the relevant sentence is greater than 3283 days and less than 3655 days;
- (i) 11th May 2027, where the relevant sentence is greater than 3654 days and less than 4397 days;
- (j) 8th June 2027, where the relevant sentence is greater than 4396 days.
(3) In this regulation, 'relevant sentence', in relation to a person who falls within paragraph (1), means-
- (a) where the person is serving two or more concurrent sentences of imprisonment or detention immediately before 2nd September 2026, the longest of those sentences at that time;
- (b) in all other cases, the sentence of imprisonment or detention which the person is serving immediately before 2nd September 2026.
(4) For the purposes of paragraph (2), the length of the relevant sentence is the length calculated immediately before 2nd September 2026.
This article governs when the delayed provisions mentioned in Regulation 2(c) come into force for prisoners already serving sentences imposed before September 2nd, 2026, and who are in custody on that date.
The commencement date, termed 'the relevant day,' is scheduled iteratively between September 2nd, 2026, and June 8th, 2027, based entirely on the duration (length in days) of the longest sentence being served.
The 'relevant sentence' is defined as the longest concurrent sentence, or the single sentence if only one is being served.
Sentence length is assessed immediately prior to September 2nd, 2026.
Provisions coming into force on 12th October 2027
- In relation to a person who is serving a sentence of imprisonment or detention imposed before 2nd September 2026 and who, immediately before that date, is on licence subject to a curfew condition within the meaning of section 253 of the Criminal Justice Act 2003( 2 ), the provisions in regulation 2(c) come into force on 12th October 2027.
This regulation establishes a specific later date for the delayed provisions of Regulation 2(c) to commence for a defined group of offenders.
This applies to individuals sentenced before September 2026, who were already released into the community subject to a Home Detention Curfew (HD-Curfew) under the Criminal Justice Act 2003 as of that date.
For this specific group, the relevant provisions come into force on October 12th, 2027.
Further provision regarding section 23(10)
- Section 23(10) of the Act (release) does not come into force in relation to a sentence under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000( 3 ) or section 250 of the Sentencing Code.
( 2 ) 2003 c. 44.
( 3 ) 2000 c. 6.
8th June 2026
Timpson Signed by authority of the Secretary of State Ministry of Justice
This establishes an exception for section 23(10) of the Act, meaning it will not come into force for individuals serving sentences governed by previous legislation, namely section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 of the Sentencing Code (typically youth sentences).
The instrument was signed by Timpson on behalf of the Secretary of State for the Ministry of Justice on June 8th, 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') (c. 2).
Regulation 2 brings into force sections 23(1)-(15) and 24 of the 2026 Act. Section 23 amends the provisions of the Criminal Justice Act 2003 ('the 2003 Act') (c. 44) which set out the requisite custodial periods for those serving adult standard determinate sentences. The requisite custodial period for those serving these sentences who are released under section 244 of the 2003 Act is 40% or 50% of the sentence (depending on the offence). Section 23 reduces this period to the onethird point of the sentence. For those who are released under section 244ZA of the 2003 Act, the period is reduced from the two-thirds point of the sentence to the halfway point. Section 24 makes amendments to the Road Traffic Offenders Act 1988 (c. 53) which are consequential to the changes to the requisite custodial period. The amendments ensure that any period of driving disqualification is extended in accordance with the requisite custodial period of the sentence.
Regulation 3 provides for the changes to the requisite custodial periods to come into force in relation to existing prisoners who are in custody serving an adult standard determinate sentence immediately before 2nd September 2026. It does so by using a series of commencement dates. The commencement date is determined by the length of sentence that the prisoner is serving.
Regulation 4 provides a commencement date for the changes to apply in relation to existing offenders who have been released early under section 246 of the 2003 Act and who are in the community under Home Detention Curfew immediately before 2nd September 2026.
Regulation 5 provides that section 23(10) of the 2026 Act does not come into force in relation to those serving youth sentences under section 250 of the Sentencing Code, or (historically) under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). Section 23(10) revokes the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that these Regulations activate specific parts of the Sentencing Act 2026.
Regulation 2 commences sections dealing with early release for those on standard determinate sentences, notably lowering the required time served before eligibility for release from 40%/50% to one-third, and from two-thirds to one-half, for different release pathways under the 2003 Act.
Section 24 ensures driving disqualifications align with these new required periods.
Regulation 3 enacts these changes for existing prisoners based on sentence length through staggered dates.
Regulation 4 addresses offenders on Home Detention Curfew before the commencement date.
Regulation 5 exempts section 23(10) from applying to certain youth sentences, as that subsection revokes a 2024 Order.
No significant impact assessment was deemed necessary.
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. | |---|---|---| | Section 21 | 11.05.2026 | S.I. 2026/402 | | 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 34 | 11.05.2026 | S.I. 2026/402 |
| Provision | Date of Commencement | S.I. No. | |-------------|------------------------|---------------| | Section 36 | 11.05.2026 | S.I. 2026/402 | | Section 38 | 11.05.2026 | S.I. 2026/402 | | Section 39 | 11.05.2026 | S.I. 2026/402 | | Section 42 | 01.06.2026 | S.I. 2026/402 | | 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 | | Schedule 5 | 11.05.2026 | S.I. 2026/402 |
This note, which is not part of the statutory instrument itself, lists provisions of the Sentencing Act 2026 that have already been brought into force by earlier commencement regulations made prior to this document.
It provides a cross-reference table detailing the specific section numbers, the corresponding commencement date (which varies), and the previous Statutory Instrument number responsible for that commencement.
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