Subsection (2) amends the Sentencing Code to insert a new section 264A after section 264 of the Sentencing Code. This subsection sets out the presumption to impose a suspended sentence order in respect of adults aged 18 or over, but under 21.
	Section 264A(1) sets out the criteria that must be met for this measure to apply. The offender must be aged 18 or over, but under 21, at the date of conviction for the offence. The offender must be convicted of the offence on or after the day that section 1 of this Act came into force; a court must have determined that a custodial sentence of twelve months or less is the appropriate sentence to impose; and a suspended sentence order must be available to the court for that sentence. Section 264 of the Sentencing Code provides the sentences that can be suspended for an offender aged 18 or over but under 21.
	Section 264A(2) provides that the court must suspend the sentence unless there are exceptional circumstances relating to the offence or offender which justify not making a suspended sentence order. The intention is to preserve judicial discretion, where due to the circumstances of the case, the court does not consider that a sentence should be suspended. In proceedings before the service courts, exceptional circumstances might include, for example, where it is in the interests of maintaining service discipline. Section 264A(3) provides circumstances in which the presumption to suspend short custodial sentences of 12 months of less will not apply. Where an exception applies under section 264A(3), the court should consider, in the usual way, whether the custodial sentence should nevertheless be suspended by reference to the sentencing guidelines.
	Sections 264A(3)(a), 264A(3)(b), and 264A(3)(c) are similar in intent, relating respectively to offenders, those in or associated with the armed forces, and those in hospital under the Mental Health Act 1983. Where an offender is already in custody or under detention at the time of sentencing, it may not be appropriate to impose a suspended sentence order and accordingly, it would be inappropriate for the presumption to suspend a short sentence to apply.
	Section 264A(3)(a) provides that the presumption will not apply where the offender, on the date of the sentencing hearing, is in custody in accordance with a custodial sentence, is remanded in custody in different criminal proceedings, or has been committed to custody by court order.
	Section 264A(3)(b) provides that the presumption will not apply where the offender, in or associated with the armed forces, is in custody in accordance with a sentence of service detention or custodial sentence, in detention pursuant to offences during the currency of a detention and training order, detained in service custody in different proceedings, remanded or admitted to hospital, or committed to custody by service court order.
	Section 264A(3)(c) provides that the presumption will not apply where the offender is detained in hospital pursuant to a hospital order, including for those in or associated with the armed forces, or by direction of the Mental Health Act 1983.
	Section 264A(3)(d) provides that the presumption does not apply where the sentence of detention in a young offender institution is one of two or more sentences that are imposed on the same occasion, and any of those sentences is more than 12 months, or the sentences are to be served consecutively and total more than 12 months. In these instances, the sentence would be more than 12 months, so the presumption to suspend a short sentence cannot apply.
	Section 264A(3)(e) provides that the presumption does not apply where the offender is or was subject to a supervision order and is being resentenced for that offence or an associated offence. In such circumstances the presumption to suspend a short sentence does not apply because the offender has breached the supervision order.
	Section 264A(3)(f) provides that the presumption does not apply where an offender commits a further offence while subject to a supervision order.
	Section 264A(3)(g) provides that the presumption does not apply where, by committing an offence, an offender has breached a court order or an order or award in respect of a service offence within the meaning of the Armed Forces Act 2006. It also provides that the presumption does not apply where the offence occurred in circumstances closely connected with the breach of a court order or an order or award in respect of a service offence within the meaning of the Armed Forces Act 2006. This includes where the breach of a court order itself constituted the offence (for example, breach of a restraining order) and where the offence occurred in circumstances closely connected with the breach of an order, even if the breach itself is not a criminal offence. The relevant order could be any court order (criminal or civil), including those related to violence against women and girls.
	Section 264A(3)(h) provides that the presumption to suspend a sentence does not apply where the court considers that making the order would put a particular individual at a significant risk of physical or psychological harm.
	Section 264A(4) gives the definition of remand for the purposes of subsection 264A (3)(a)(ii).
	Section 264A(5) provides that a court must comply with pre-sentence report requirements in section 30 of the Sentencing Code, when forming opinions about whether there are exceptional circumstances (subsection 2) or a significant risk of harm (subsection (3)(h)). The court must obtain and consider a pre-sentence report when deciding whether to impose a suspended sentence order under section 264A unless in the circumstances of the case, the court considers that it is unnecessary to obtain a pre-sentence report.
	Section 264A(6) provides that nothing in section 264A affects the court’s power to impose a suspended sentence order in a case where section 264A does not apply. This refers both to a situation where a court is considering imposing a suspended sentence order in respect of a sentence of custody of more than one year or where a sentence of one year or less falls outside of the scope of section 264A.
	Section 264A(7) provides definitions.
	Subsection (3) inserts new section 277A into the Sentencing Code. This subsection sets out the presumption to impose a suspended sentence in respect of offenders aged 21 or over.
	Section 277A(1) outlines circumstances which must be met for this measure to apply. The offender must be aged 21 or over when convicted of the offence; must be convicted on or after the date on which section 1 of the Sentencing Act 2024 came into force; the offence must be one for which the custodial sentence being imposed is not more than 12 months; and a suspended sentence order must be available to the court for that sentence.
	Section 277A(2) to (4) mirrors section 264A(2) to (4) for offenders aged 21 or over, with two exceptions: firstly, the addition of subsection 277A(3)(b)(vi) which provides that the presumption to suspend short sentences does not apply to people in custody pursuant to a pre-Armed Forces Act 2006 custodial sentence. Secondly, subsection 277A(3)(d) does not reference young offender institutions.
	Section 277A(5) provides the definition of pre-Armed Forces Act 2006 custodial sentence.
	Section 277A(6) to (8) mirrors section 264A(5) to (7).
	Subsection (4) provides that Schedule 1 makes consequential amendments.
Part 1: Sentencing Section 1: Presumption of suspended sentence order for sentences of 12 months or less