Section 36 Sentencing Act 2026

Section 36 of the Sentencing Act 2026 is about Removal of maximum period for unpaid work requirement. It provides as follows:

(1)The Sentencing Code is amended as follows—

(a)in paragraph 1 of Schedule 9 (meaning of “unpaid work requirement”: community order and suspended sentence order)—

(i)in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii)omit sub-paragraph (2);

(b)in Schedule 10, omit paragraph 21 and the italic heading before it;

(c)in Schedule 16, omit paragraph 27 and the italic heading before it.

(2)Schedule A1 to the Children Act 1989 is amended as follows—

(a)in paragraph 3A (meaning of “unpaid work requirement”: enforcement order)—

(i)in sub-paragraph (1)(b), omit “, during a period of 12 months,”;

(ii)in sub-paragraph (2), for “paragraphs 7 and 9” substitute “paragraph 9”;

(iii)omit sub-paragraph (3);

(b)omit paragraph 7 and the italic heading before it;

(c)in paragraph 9 (breach of an enforcement order), in sub-paragraph (9) omit paragraph (b).

(3)The amendments made by subsections (1) and (2) apply in relation to a community order, suspended sentence order or, as the case may be, an enforcement order whenever made.

(4)In paragraph 3(4) of Schedule 19A to the Criminal Justice Act 2003 (modification of Sentencing Code in its application to supervision default orders), for paragraph (b), substitute—

“(b)as if, in paragraph (b), after “the times” there were inserted “, before the end of the supervision period,”.”

(5)If section 34 (repeal of provisions relating to supervision after end of sentence) comes into force before the coming into force of subsection (4), the reference in that subsection to Schedule 19A to the Criminal Justice Act 2003 is a reference to that Schedule as it continues to have effect despite its repeal.

(6)In consequence of the amendments made by subsection (2), in paragraph 112 of Schedule 24 to the Sentencing Act 2020—

(a)omit sub-paragraph (4);

(b)in sub-paragraph (6), omit paragraph (b).

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Source: legislation.gov.uk
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