SENTENCING COUNCIL (INITIAL GUIDELINES AND BUSINESS PLAN) ACT 2026

2026 CHAPTER 51

An Act to make transitional provision for the immediate issue and commencement of the initial foundational sentencing guidelines and the approval and publication of the Sentencing Council Business Plan 2026–27; to preserve the ordinary statutory procedure for subsequent guideline work; and for connected purposes.

[16 August 2026]

The Lord Lieutenant, in exercise of the constitutional continuity and transitional legislative authority of the United Hampshire Realm, enacts as follows—

PART 1

INITIAL SENTENCING GUIDELINES

Transitional issue

1 Interpretation

In this Act—

“the Council” means the Sentencing Council established by the Sentencing Council Act 2026;

“the principal Act” means the Sentencing Council Act 2026; and

“the initial guideline package” means the five guidelines specified in section 2 in the controlled versions deposited in the Council’s authoritative Guideline Development and Consultation Register on 16 August 2026.

2 Initial guideline package

The initial guideline package consists of—

(a) General Sentencing Guideline — Overarching Principles;

(b) Reduction in Sentence for a Guilty Plea Guideline;

(c) Totality Guideline;

(d) Imposition of Community and Custodial Sentences Guideline; and

(e) Sentencing Children and Young People Guideline.

3 Transitional statutory approval

(1) On the enactment of this Act, each guideline in the initial guideline package is treated for the purposes of sections 7, 13, 14 and 27 of the principal Act as—

(a) approved by the Council;

(b) approved by the Lord Chancellor;

(c) approved by the Chief Justice; and

(d) capable of being issued and brought into force notwithstanding a vacancy in a Council office or the absence of an earlier Council meeting dealing with that guideline.

(2) The approvals conferred by subsection (1) are confined to the controlled texts forming the initial guideline package and do not authorise amendment of those texts except in accordance with the principal Act.

(3) Nothing in this section authorises a Minister, the Council or another person to direct the sentence in an individual case.

4 Consultation and resource-assessment transition

(1) Sections 11 and 12 of the principal Act do not apply as conditions precedent to the first issue of a guideline in the initial guideline package.

(2) Subsection (1) does not disapply sections 11 and 12 in relation to a later substantive amendment, replacement or new guideline.

(3) The Council must, within six months beginning with the commencement of this Act—

(a) invite views on the operation of the initial guideline package;

(b) assess material operational and resource effects using evidence then available; and

(c) decide whether any guideline requires amendment, replacement or confirmation without substantive change.

(4) A review under subsection (3) does not suspend or qualify the legal effect of a guideline while it is in force.

5 Issue, publication and commencement

(1) The Council must issue and publish the initial guideline package as definitive guidelines on 16 August 2026.

(2) Each guideline in the package comes into force on 16 August 2026.

(3) Publication must identify the controlled version, legal basis, issue date, commencement date and the transitional statutory authority in this Act.

(4) The Council must maintain the package and its version history in the authoritative Guideline Development and Consultation Register.

6 Effect and application

(1) A guideline issued under section 5 is a definitive guideline for the purposes of the principal Act and the Sentencing Act 2026.

(2) Sections 15 to 18 of the principal Act apply to a guideline issued under section 5.

(3) A guideline issued under this Act does not create an offence, sentence, requirement, statutory maximum or judicial power which is not authorised by an enactment.

PART 2

BUSINESS PLAN 2026–27

Transitional approval and publication

7 Approval of Business Plan 2026–27

(1) The Sentencing Council Business Plan 2026–27 in the controlled version deposited in the Council’s corporate records on 16 August 2026 is treated as—

(a) approved by the Council for the purposes of section 7 and Schedule 1 to the principal Act; and

(b) approved by the Lord Chancellor for the purposes of section 19 of the principal Act.

(2) The Council must publish the plan as soon as practicable after the enactment of this Act.

(3) The plan may record the initial guideline package as an immediate foundational delivery priority and may provide for monitoring, review, research, public information and subsequent offence-specific guideline work.

8 Subsequent annual plans

Section 7 is transitional only. Every annual business plan after the 2026–27 plan must be prepared, approved and published in accordance with section 19 of the principal Act.

PART 3

GENERAL

9 Relationship with ordinary statutory procedure

Except as expressly provided by this Act, the principal Act applies without modification. In particular, the ordinary consultation, resource-assessment and approval requirements apply to later new guidelines and substantive amendments or replacements.

10 Records

The Council must record the statutory basis, issue and commencement of the initial guideline package and the transitional approval of the Business Plan 2026–27 in its authoritative governance, guideline and publication records.

11 Extent

(1) This Act extends to the United Hampshire State.

(2) It does not alter sentencing law or guideline-making arrangements applying in England or Hampshire County.

12 Commencement

This Act comes into force on the day on which it is enacted.

13 Short title

This Act may be cited as the Sentencing Council (Initial Guidelines and Business Plan) Act 2026.