Minister for Border Security and Asylum says section 45 of Sentencing Act 2026 to commence on 22 March
In a letter to the House of Commons Home Affairs Committee made public yesterday, the Minister for Border Security and Asylum, Alex Norris MP, said that the Government intends to commence provisions in the Sentencing Act 2026 relating to foreign national offenders on 22 March 2026.
Section 45 of the Sentencing Act amends the UK Borders Act 2007 and the Nationality, Immigration and Asylum Act 2002 by removing provisions that previously excluded suspended sentences from counting as a period of imprisonment for the purposes of defining a foreign criminal.
In the UK Borders Act 2007, section 38(1) currently defines "period of imprisonment" for automatic deportation duties, with paragraph (a) stating that it "does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect)." Section 45 of the Sentencing Act 2026 omits this paragraph, thereby bringing suspended sentences of 12 months or more within the scope of automatic deportation obligations.
Similarly, in the Nationality, Immigration and Asylum Act 2002, Part 5A sets out public interest considerations under Article 8 of the European Convention on Human Rights. Section 117D(4)(a) currently states: "do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);" Section 45 of the Sentencing Act omits this paragraph, extending the definition of a foreign criminal for the purposes of the Article 8 public interest test.
The Government has previously set out its approach in a November 2025 factsheet on the then Sentencing Bill and foreign national offenders, stating: "Any foreign national given a suspended sentence will be routinely considered for deportation. Where a suspended sentence of 12 months or more is given, a deportation order must be made unless one of the statutory exceptions applies."
Alex Norris' letter to the Home Affairs Committee confirms that Section 45 will come into effect at the same time as the Sentencing Act's presumption to suspend sentences of 12 months or less and the extension of suspended sentences for up to three years
A copy of the Minister's full letter follows below:
Alex Norris MP
Minister for Border Security &
Asylum
2 Marsham Street
London SW1P 4DF
www.gov.uk/home-office
Rt Hon Dame Karen Bradley MP
Chair, Home Affairs Select Committee
House of Commons
Westminster
London
SW1A 0AA
25 February 2026
Dear Rt Hon Dame Karen Bradley MP,
I am writing to inform you of our plans to commence the provisions in the Sentencing Act 2026 relating to foreign national offenders.
Section 45 of the 2026 Act extends the duty in the UK Borders Act 2007 to make a deportation order in respect of a non-British, non-Irish citizen convicted in the UK of an offence for which they were sentenced to a period of imprisonment of at least 12 months, unless an exception applies (for example, where deportation would breach the person's European Convention on Human Rights (ECHR) rights, or the UK's obligations under the Refugee Convention) to a non-British, non-Irish citizen convicted in the UK of an offence for which they were given a suspended sentence of at least 12 months. These provisions are to be commenced by regulations.
The 2026 Act also provides a presumption to suspend sentences of 12 months or less and the extension of suspended sentences for up to 3 years. It is intended that these provisions will commence on 22 March (two months after Royal Assent). We intend to commence the change to the duty to deport foreign criminals given a suspended sentence of at least 12 months at the same time as the presumption to suspend sentences to ensure that there is no gap in our commitment to deport foreign nationals who commit crimes. At the same time, we intend to commence the changes to the Article 8 public interest considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 extending the definition of a foreign criminal.
We intend to produce proactive communications ahead of this provision coming into effect.
Yours sincerely,
Alex Norris MP
Minister for Border Security & Asylum