The Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026
Activated new sentencing laws that reduce the time most prisoners must serve before release, implemented via a phased timeline between October 2026 and June 2027.
These Regulations bring specific provisions of the Sentencing Act 2026 into force in England and Wales, primarily focused on reducing the mandatory time prisoners must serve before becoming eligible for release.
The changes adjust custodial periods for adult standard determinate sentences to either one-third or one-half of the total term, depending on the original sentence structure.
The Regulations apply to the Secretary of State for Justice and the prison and probation services, implementing a staggered release schedule for current inmates based on their sentence length and excluding a wide range of serious offences from these new release rules.
Arguments For
The Regulations state that they bring into force sections 23 and 24 of the Sentencing Act 2026 to modify adult standard determinate sentence release points.
Proponents within the Ministry of Justice framing suggest these changes are necessary to manage the requisite custodial periods, reducing them from 40% or 50% down to one-third, and from two-thirds down to one-half for specific categories.
The document specifies a phased implementation schedule for existing prisoners, which it defines by the length of the sentence being served, to manage the transition into the new release framework.
The order includes a comprehensive list of excluded offences in the Schedule, ensuring that sentences for serious violent, sexual, and driving-related crimes retain their existing, longer custodial requirements.
Arguments Against
Legal commentators may question the complexity of the phased commencement dates, which depend on specific sentence length thresholds (e.g., 575 days, 883 days), potentially leading to administrative challenges for the prison service.
Victims' rights groups may object to the reduction of custodial time to as low as one-third of the original sentence for those not convicted of excluded offences.
Concerns may be raised regarding the exclusion of those on licence with curfew conditions until late 2027, creating a disparity in how the new rules apply to those in custody versus those already in the community.
The legal effect on youth sentences is explicitly limited by Regulation 6, which might be criticized for creating different standards of release eligibility between adult and young offenders.
Citation, extent and interpretation
- -(1) These Regulations may be cited as the Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026.
- (2) These Regulations extend to England and Wales.
- (3) In these Regulations, 'the Act' means the Sentencing Act 2026.
This section establishes the official name of the regulations and confirms they apply only to the legal jurisdictions of England and Wales.
It also defines 'the Act' as the Sentencing Act 2026 for all subsequent references in the document.
Provisions coming into force on 1st October 2026
- 2 Subject to regulation 5, the following provisions of the Act come into force on 1st October 2026-
- (a) section 23(1), (2), (6), (8), (11)(b) and (c) and (12) to (15) (release);
- (b) save as set out in regulations 3 to 6, section 23(3) to (5), (7), (10) and (11)(a) and (d) (release);
- (c) section 24(1)(a), (2), (3)(a), (5)(a) and (6) (release: consequential amendments relating to driving disqualification).
This section activates various parts of the Sentencing Act 2026 starting October 1, 2026, subject to specific exceptions for serious crimes.
These provisions relate to the release of prisoners and make necessary adjustments to driving disqualification rules to ensure they align with new custodial periods.
Provisions coming into force between 1st October 2026 and 8th June 2027
- -(1) Subject to regulations 5 and 6, in relation to a person who is serving a sentence of imprisonment or detention imposed before 1st October 2026 and who, immediately before that date, is in custody or detention pursuant to the sentence, the provisions in regulation 2(b) come into force on the relevant day.
- (2) In this regulation, 'the relevant day' means-
- (a) 1st October 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 1st October 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 1st October 2026.
(4) For the purposes of paragraph (2), the length of the relevant sentence is-
- (a) the length calculated immediately before 1st October 2026, and
- (b) where a person is serving two or more consecutive sentences immediately before 1st October 2026, the aggregate length of those sentences.
This regulation implements a staggered timeline for applying the new release rules to individuals already in prison before October 2026.
Eligibility dates range from October 2026 to June 2027, determined by the total length of the sentences a prisoner is currently serving.
Longer sentences result in a later effective date for the new release provisions.
Provisions coming into force on 12th October 2027
4 Subject to regulations 5 and 6, in relation to a person who is serving a sentence of imprisonment or detention imposed before 1st October 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, the provisions in regulation 2(b) come into force on 12th October 2027.
This section delays the application of the new sentencing provisions for offenders who are already out of prison on licence with a curfew.
For these individuals, the changes do not take effect until October 12, 2027.
Excluded offences
5 The provisions listed in regulation 2 do not come into force in relation to a sentence for an offence listed in the Schedule to these Regulations.
This regulation prevents the new, shorter custodial periods from applying to anyone convicted of the specific crimes listed in the Schedule.
Individuals serving sentences for these 'excluded offences' remain subject to the older, longer release requirements.
Further provision regarding section 23(10)
6 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 or section 250 of the Sentencing Code.
This section restricts the new release rules from applying to certain youth sentences.
Specifically, it ensures that the revocation of previous custodial orders does not affect those serving time for serious crimes committed as minors under established sentencing codes.
Revocation
7 The Sentencing Act 2026 (Commencement No. 4) Regulations 2026 are revoked.
This section cancels a previous set of commencement regulations issued earlier in 2026.
By doing so, it replaces the old implementation plan with the updated timeline and rules established in this document.
Schedule
Excluded offences
Regulation 5
- 1 An offence of manslaughter.
- 2 An offence under section 4 of the Offences Against the Person Act 1861 (conspiring or soliciting to commit murder).
- 3 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
- 4 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under sixteen)
- 5 An offence under section 1 of the Infanticide Act 1938 (infanticide).
- 6 An offence under section 1 of the Sexual Offences Act 1956 (rape of woman or man).
- 7-17 [Various sexual offences involving children and adults].
- 18-19 [Indecency with children and suicide complicity].
- 20-22 [Incest and indecent photographs of children].
- 23-29 [Causing death by dangerous or careless driving or cycling].
- 30-32 [Aviation/maritime safety, genocide, and war crimes].
- 33-57 [Modern sexual offences including rape, grooming, and exploitation].
- 58 [Causing/allowing child or vulnerable adult to die].
- 59-68 [Attempts, conspiracy, or incitement to commit the above or murder].
- 69-71 [Military equivalents of the above civil offences].
The Schedule lists 71 categories of crimes that are barred from the new early release provisions.
It covers serious violent crimes (manslaughter, murder attempts), sexual offences (rape, child exploitation), endangering the public (dangerous driving causing death), and international crimes (genocide).
Inmates serving sentences for these crimes will not benefit from the reduced custodial periods defined in the main regulations.
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