Citation, extent and interpretation

1.—(1) These Regulations may be cited as the Sentencing Act 2026 (Commencement No. 1) Regulations 2026.

(2) These Regulations extend to England and Wales.

(3) In these Regulations, “ the Act ” means the Sentencing Act 2026 .

Provision coming into force on 22nd March 2026

2. Section 44 of the Act (amendments to Bail Act 1976) comes into force on 22nd March 2026.

Provisions coming into force on 31st March 2026

3. Save to the extent already in force, the following provisions of the Act come into force on 31st March 2026—

(a)section 32(4) (further release after recall: other offenders eligible for automatic release);

(b)save as set out in regulation 4—

(i)section 30 (further release after recall: introductory);

(ii)section 31 (further release after recall: relevant young offenders suitable for automatic release);

(iii)section 32(1) to (3) (further release after recall: other offenders eligible for automatic release);

(iv)section 33 (further release after recall: supplementary);

(v)Schedule 4 (offences where offender not eligible for automatic release under section 255BA after recall).

Provisions coming into force between 31st March and 12th May 2026

4.—(1) Subject to paragraph (2), in relation to a person who—

(a)has been recalled before 31st March 2026, and

(b)immediately before 31st March 2026 is being detained in custody as the result of having been so recalled,

the provisions in regulation 3(b) come into force on the relevant day.

(2) Where a person who falls within paragraph (1) is being detained as a result of the Parole Board having decided, following a reference under section 255C(4) of the Criminal Justice Act 2003(2), that the person is unsuitable for release, the provisions in regulation 3(b) come into force in relation to that person on the later of—

(a)the day after the end of the period of 56 days beginning with the day after the day the decision is served on the Secretary of State, and

(b)the relevant day.

(3) In this regulation, “ the relevant day ” means—

(a)31st March 2026, where the relevant sentence is less than 1702 days;

(b)14th April 2026, where the relevant sentence is greater than 1701 days and less than 2129 days;

(c)21st April 2026, where the relevant sentence is greater than 2128 days and less than 2577 days;

(d)28th April 2026, where the relevant sentence is greater than 2576 days and less than 3305 days;

(e)5th May 2026, where the relevant sentence is greater than 3304 days and less than 4439 days;

(f)12th May 2026, where the relevant sentence is greater than 4438 days.

(4) In paragraph (3), “ the relevant sentence ” means the sentence for which a person who falls within paragraph (1) has been recalled or, where they have been recalled for more than one concurrent sentence, the longest of those sentences.