Recent case law

R v Shah [2026] EWCA Crim 1073

Sunil Shah’s appeal against a 7 years 6 months sentence for s.18 GBH with intent was dismissed. CCTV showed he deliberately drove his car at the victim, crushing him and causing severe, lasting injuries. The Court rejected arguments about excessive self‑defence, double counting, or mis‑categorisation. The sentencing judge was entitled to treat the car as a highly dangerous weapon, apply aggravating factors (public location, child present, attempt to flee, seriousness of harm). The sentence imposed was not excessive. Disqualification from driving for 6 years upheld.

R v Jugessur [2026] EWCA Crim 1010

Jugessur appealed his 40‑month sentence for multiple offences including dangerous driving, two vehicle thefts, handling stolen goods, criminal damage, and driving while disqualified/uninsured. The Court of Appeal found the Recorder’s sentencing exercise seriously flawed—he failed to apply guidelines, explain plea discounts, or address totality.

The Court re‑did the sentencing, quashing several terms and adjusting others. The final total sentence was reduced to 38 months, with a 3‑year driving disqualification properly structured under ss.35A–35B RTOA.


R v Sharples [2026] EWCA Crim 985

Sharples was convicted of dangerous driving after a police pursuit in which he drove an Audi SQ5 at over 150 mph, making highly dangerous manoeuvres on the M55. He received six months’ immediate imprisonment and a two‑year, two‑month driving disqualification.

On appeal, the Court of Appeal held that the Recorder failed to apply section 277A of the Sentencing Act 2026, for which there is a presumption of suspension for sentences of 12 months or less unless exceptional circumstances exist. The court found no exceptional circumstances: although the driving was very dangerous, no collision or injury occurred, and Sharples had strong personal mitigation (rehabilitation from addiction, stable employment, positive character evidence).

The court therefore quashed the immediate custody and imposed six months’ imprisonment suspended for two years. The driving disqualification was reduced to two years, with an extended test.


R v Scott [2026] EWCA Crim 967

Scott pleaded guilty to causing serious injury by dangerous driving and inflicting GBH after deliberately mounting the pavement in a Nissan Qashqai and driving at two pedestrians, seriously injuring one and then fleeing the scene. She received 32 months’ imprisonment and a 10‑year driving disqualification (and extended test).

She appealed the length of the disqualification. The Court of Appeal accepted that although her driving record was previously good, she had used the car as a weapon, caused grave injury, and was assessed as posing a high risk of serious harm when driving while emotionally unstable and misusing drugs. A lengthy ban was justified, but 10 years was manifestly excessive.

The Court reduced the disqualification to 5 years (plus the 16‑month extension), with the extended test requirement remaining.


R (Ambrose) v Chester Magistrates’ Court [2026] EWHC 1728 (Admin)

Ambrose sought judicial review of a District Judge’s decision refusing to find special reasons to avoid mandatory disqualification for a drink‑drive offence. He had blown 42µg, just above the prosecution threshold of 40µg, and proved that his drink had been spiked with tequila without his knowledge. Expert evidence (accepted by the CPS) showed that without the spiking his reading would have been 36µg, below the threshold at which prosecutions are normally brought.

The District Judge applied Delaroy‑Hall (1969) and Pugsley v Hunter (1973), concluding that because A would still have been slightly over the legal limit even without the spiking, special reasons could not be found. Mrs Justice Hill held this was a legal error, because the correct authority was R v Cambridge Magistrates’ Court, ex p Wong (1992), which established that in breath‑test cases special reasons can exist where the excess over the prosecution threshold is caused by the spiking.

The High Court quashed the decision and remitted the case to a freshly constituted bench to reconsider special reasons based on the preserved findings: the drink was spiked, A did not know, and without the spiking he would not have been prosecuted.


R v Ledgeway [2026] EWCA Crim 956

The Court of Appeal quashed a four‑month suspended sentence for causing serious injury by careless driving. The appellant misjudged an overtake in darkness and collided with a motorcycle whose dim but legally compliant headlight made it unusually hard to see. Expert evidence showed the light would only have been recognisable 1–2 seconds before impact.

Although harm was catastrophic, the Court held culpability was at the bottom of Category B1, with powerful mitigation: exemplary character, immediate remorse, appropriate reaction at the scene, and three‑year prosecutorial delay. Community order requirements were unsuitable, but that did not justify custody. Applying the Imposition Guideline, the Court replaced the suspended sentence with a £3,000 Band F fine and left the disqualification intact. The judgment was referred to DVSA due to concerns about outdated motorcycle headlight standards.


R v Jamal and others [2026] EWCA Crim 951

Three defendants were convicted of manslaughter following a fatal high‑speed pursuit on the A46 appealed their convictions. They had been part of a group who lured Saqib Hussain to a Tesco car park intending to assault him over a blackmail dispute. When Hussain realised the set‑up and fled in a Skoda driven by his friend, the group pursued in two cars (a Seat and an Audi). The Seat rammed the Skoda, causing a crash that killed both occupants.

The appeal centred on whether the route to verdict for unlawful act manslaughter was legally flawed—specifically, that the judge failed to identify the required “base offence” and wrongly allowed conviction on the basis of exposing the victims to an “obvious risk of harm” rather than intentional assistance or encouragement of the unlawful act.

The Court of Appeal held that, although the directions could have been more precisely framed, the jury had been properly directed overall: they were required to find participation in a joint plan to inflict unlawful violence, foreseeability of the fatal crash, and intent to cause at least some harm. The convictions were therefore safe.

R v Bukhari [2026] EWCA Crim 929

Ansreen Bukhari applied—780 days out of time—for permission to appeal her minimum term of 26 years 9 months for the murders of Saqib Hussain and Hashim Ijazuddin. The Court of Appeal refused both the extension of time and leave to appeal.

The murders arose from a planned pursuit on the A46 in February 2022, after Bukhari’s former lover Saqib had been blackmailing her. Two cars, including one carrying Bukhari, chased the victims’ Skoda; the Seat Leon rammed it, causing a fatal crash. The trial judge found Bukhari’s planning role was less significant than others, but she was the “grown‑up adult” who repeatedly failed to stop events escalating.

Her daughter Mahek’s minimum term had previously been reduced on appeal due to youth and immaturity, but the Court held this factor did not apply to Ansreen, who was 45 at the time. The Court rejected arguments that the trial judge undervalued mitigation or applied improper upward pressure to her sentence. It concluded her minimum term properly reflected her culpability.

Application dismissed.



R (Worsley) v Tameside Magistrates’ Court [2026] EWHC 1789 (Admin)

The High Court quashed a conviction for failing to provide a blood specimen after the magistrates’ bench prematurely announced a guilty verdict before hearing closing submissions. Mrs Justice Hill held that this breached the defendant’s long‑established right to make a closing speech (CrimPR 24.3(3)(i)) and created, in the words of the judgment, a situation where “a fair‑minded and informed observer… would… have found it difficult to see how the magistrates could have continued to keep an open mind.” The premature verdict amounted to a serious procedural irregularity, rendering the proceedings unfair.

The court also found the refusal to state a case unlawful because it was made by a trainee legal adviser rather than the magistrates themselves, contrary to MCA 1980 s.111, and because the reasons given (“frivolous”) were legally unsound. The alternative ground—challenging the magistrates’ refusal to exclude MGDD/C evidence under PACE s.78—was rejected, as the threshold for irrationality was not met. The conviction was quashed, and the matter remitted for retrial before a district judge.


R v Tamoev [2026] EWCA Crim 896

The applicant pleaded guilty to causing serious injury by careless or inconsiderate driving after failing to give way at a junction despite multiple clear warning signs, colliding with the victim’s vehicle and causing grave, life‑changing injuries including splenic damage, pelvic fractures, arterial dissection and long‑term vertigo and tinnitus. Sentenced to 10 months’ immediate custody and 2 years 5 months’ disqualification, the judge placed the offence in culpability A / harm 1, but wrongly increased the sentence above the guideline starting point, thereby double‑counting aggravating features already reflected in the categorisation. The Court of Appeal held that good character warranted a reduction from the 12‑month starting point, producing a sentence of 6 months after credit. Although all factors favouring suspension were present, the seriousness of the driving and the injuries meant that immediate custody remained justified. Appeal allowed; 6 months’ immediate imprisonment substituted and disqualification adjusted to 18 months in accordance with statutory extension rules.

R v Roberts [2026] EWCA Crim 751

Police response driver convicted of causing death by dangerous driving and causing serious injury by dangerous driving after failing to slow sufficiently when proceeding through a red light en route to a grade‑1 emergency. The Crown Court imposed 27 months’ immediate custody and a 5‑year 1‑month driving disqualification, but the Court of Appeal held the sentence was wrong in principle and manifestly excessive. The sentencing judge had relied on a factually incorrect inference that the appellant deliberately ignored his training, and had failed to give adequate weight to exceptional mitigation, including exemplary service, genuine emergency response, PTSD, caring responsibilities for a disabled daughter, and the victims’ family’s plea for leniency. The Court substituted a sentence at the bottom of the guideline range—24 months’ imprisonment suspended for 18 months, with a concurrent 12‑month suspended sentence for the serious injury count—and corrected the disqualification to the mandatory 5‑year period.

R v Morgan [2026] EWCA Crim 886

The Court of Appeal allowed Corey Morgan’s appeal against an immediate custodial sentence for dangerous driving. Morgan, aged 21 at conviction, had pleaded guilty and received eight months’ imprisonment and a 22‑month disqualification. Because his conviction occurred after 22 March 2026, the newly‑enacted section 277A Sentencing Act 2020 applied. That provision requires a suspended sentence where the offender is over 21, the custodial term is 12 months or less, and no statutory exemption applies, unless the judge finds exceptional circumstances justifying immediate custody.

The Recorder failed to consider section 277A at all and made no finding of exceptional circumstances, despite imposing a sentence below 12 months. The Court held that seriousness alone cannot constitute an exceptional circumstance, and nothing about the case was exceptional. The Recorder was therefore required to suspend the sentence. The Court substituted a two‑year suspended sentence order, with 15 Rehabilitation Activity Requirement sessions, and removed the four‑month extension to the driving disqualification.

R v Lindsay [2026] EWCA Crim 692

The Court of Appeal has confirmed that post‑sentence changes to release regimes (SDS40, HDC) cannot retrospectively render a driving disqualification manifestly excessive. Sentencing judges must apply ss35A–35B RTOA 1988 based on the law and release framework as it exists at the time of sentence, and the Court of Appeal will not re‑sentence simply because the offender is later released earlier than anticipated.

There is no discretion to reduce the extension period under s.35A RTOA 1988. If a sentencing judge wishes to reduce the disqualification period to take into account the early release provisions or apply credit for time spent ‘on remand’ then the sentencing judge may reduce the discretionary period of the disqualification order but not the extension period.

R v Santos [2026] EWCA Crim 676

The Court of Appeal partly allowed Santos’ appeal against sentence. Santos, aged 28, had received a total of 20 months’ imprisonment for a series of drug‑driving offences and a serious incident of dangerous driving involving a prolonged police pursuit at speeds exceeding 100 mph. His appeal challenged both the length and the refusal to suspend the sentence.

The Court held that the Recorder erred in principle by selecting a notional pre‑plea sentence of 30 months for dangerous driving, which unlawfully exceeded the statutory maximum of two years. However, the overall sentence of 20 months was justified given the repeated, escalating, and highly dangerous offending. The Court re‑structured the sentence: dangerous driving reduced to 16 months, ordered consecutive to an increased 4‑month term for one drug‑driving offence, preserving the total of 20 months.

On suspension, although the Recorder’s reasoning was cursory, the Court concluded that the seriousness and persistence of the offending outweighed rehabilitation prospects. Immediate custody was required. The driving disqualification was adjusted to 46 months to reflect the re‑structured sentence.

R v OFM [2026] EWCA Crim 599

The Court of Appeal allowed the prosecution’s appeal under s.58 Criminal Justice Act 2003 against a ruling of no case to answer. The respondent, OFM, had started a car’s ignition while standing outside the vehicle; the car, left in gear with the handbrake insufficiently applied, moved forward and fatally struck a six‑month‑old child. The trial judge held there was no evidence on which a jury could find that OFM was “driving” for the purposes of causing death by dangerous or careless driving.

The Court of Appeal held that the judge applied too narrow a test. Starting the engine is ordinarily an act of driving, and although OFM did not intend the car to move, intention is relevant but not decisive. A jury could properly conclude that by operating the ignition—one of the principal driving controls—and thereby causing the vehicle to move, OFM was “in a substantial sense controlling the movement and direction of the car” within the meaning of Ames and MacDonagh, and that the act fell within the ordinary meaning of “driving”.

The ruling of no case to answer was therefore wrong in law. The appeal was allowed and the case ordered to proceed to trial.

R v Courtney [2026] EWCA Crim 525

Courtney, aged 22, pleaded guilty to causing serious injury by dangerous driving on the A52 near Nottingham. He joined unlawful street racing, driving at least 80 mph in a 70‑mph limit, lost control, and hit the car in front. The front‑seat passenger suffered a fractured collarbone, needing surgery and leaving lasting pain and a permanent scar; the driver had lesser injuries.

He received 18 months’ immediate custody and a 2‑year driving ban plus 9‑month extension. On appeal he argued the sentence should have been suspended and that culpability was overstated. The Court of Appeal held the judge was right to treat the case as Category A (racing/competitive driving), found the 18‑month term not manifestly excessive, and confirmed that racing on public roads will ordinarily require immediate custody. The appeal was dismissed and the disqualification left unchanged.

Ozkara (Huseyin) [2026] EWCA Crim 479

Ozkara fled the UK for 25 years after causing two deaths by dangerous driving in 1999. When extradited in 2024, he received 12 years plus 8 months for failing to surrender.

Under s.146 Extradition Act 2003, the UK may only deal with offences for which the extraditing state has given consent. France had not consented to prosecution for failing to surrender. The conviction and 8‑month sentence were therefore quashed.

The Court held the judge had wrongly treated the driving as Category A. There was no evidence of a deliberate or obviously dangerous manoeuvre of the kind required for Category A. The correct categorisation was Category B, with a lower starting point.

Because the offences were committed in 1999, the applicable statutory maximum was 14 years. Adjusting the current guideline to that lower cap, the Court concluded that the proper sentence was 8 years’ imprisonment, concurrent on both counts.

The extended disqualification imposed by the Crown Court was not legally available for offences committed before 13 April 2015. The extension was removed, but the ordinary 7‑year ban and extended retest requirement remained.

R v Donaldson [2026] EWCA Crim 441

The Court of Appeal dismissed the appeal and upheld the conviction for dangerous driving, ruling that adding a dangerous driving charge after his guilty plea to careless driving — but before sentence — was not an abuse of process.

The Elrington / Beedie principles only bites once the first proceedings have been finally concluded. A guilty plea without sentence does not trigger the bar on escalating charges. The Court held that the decision in Canatar (2025) was intensely fact sensitive and Canatar did not purport to and did not lay down a rule that it is an abuse of process for additional charges to be brought after a person has pleaded guilty to a lesser charge in the Magistrates’ Court.

R v Garwell [2026] EWCA Crim 437

Garwell attempted to overtake three vehicles in pitch darkness on a single‑carriageway 60‑mph road while travelling at 76–88 mph. He collided head‑on with a motorcyclist, killing him instantly. The Crown Court treated the case as Category B, imposed a 3 years 6 months sentence, and applied substantial mitigation for remorse, good character, ASD, and vulnerability in custody.

The Court of Appeal held the judge had miscategorised the offence: the driving involved multiple Category A factors — a deliberate decision to overtake without visibility, an obviously highly dangerous manoeuvre, and speed far above the limit. The correct starting point was 12 years, reducible to 9 years for mitigation, then to 6 years after guilty plea.

The original sentence was therefore unduly lenient. The Court substituted 6 years’ imprisonment and recalculated the driving disqualification to 8 years (5 years + 3‑year extension).

R v Aaran Donnelly [2026] EWCA Crim 201

Donnelly, aged 29, drove at grossly excessive speed (witnesses estimated 50–80 mph in a 30 zone) on a suburban road shortly after ingesting nitrous oxide, lost control, and crashed, killing his friend Ryan Evans, who was a rear‑seat passenger. Two other passengers were injured.

He pleaded guilty to causing death by dangerous driving. The Crown Court treated the case as culpability A, set a 12‑year starting point, uplifted for aggravation (risk to other passengers; nitrous oxide use), then reduced to 9 years for substantial personal mitigation (good character, remorse, impact of killing a friend), and finally applied 25% plea credit, producing a sentence of 6 years 9 months plus 8 years 4 months’ disqualification.

The Attorney General argued the sentence was unduly lenient; Donnelly argued it was manifestly excessive. The Court of Appeal rejected both arguments. It held the culpability A categorisation was plainly correct, the judge’s mitigation reduction—though generous—was within the permissible range, and the final sentence was “merciful” but not wrong.

R v Navid [2026] EWCA Crim 163

Navid drove almost double the speed limit (56–58 mph in a 30 zone) in dark, wet, urban conditions, uninsured, and struck a pedestrian who was standing in the carriageway. He failed to stop, ran a red light, and then tried to fabricate backdated insurance and misled police before eventually returning.

He pleaded guilty to causing death by careless driving and causing death while uninsured. The Crown Court imposed 26 months’ imprisonment.

The Court of Appeal held the judge had over‑weighted aggravation and set too high a notional starting point. Rebalancing the guideline factors and personal mitigation, the Court reduced the sentence to 22 months, still immediate custody, and recalculated the driving disqualification to 2 years plus an 11‑month extension

R v Micura [2025] EWCA 2798 (Admin)

Appeal by the DPP against acquittal for failing to provide driver information under s.172(3). At the offence date the respondent was not the keeper; his mother‑in‑law was. He later became registered keeper and returned the s.172 form denying he was the driver but failed to complete Section C with details of the previous keeper, despite the form expressly requiring it.

Held: Magistrates erred in law.

(1) s.172(4) (reasonable diligence) applies only to the keeper at the time of the offence; respondent was not that person.

(2) As a non‑keeper under s.172(2)(b), he was obliged to give any information in his power, including naming the previous keeper.

(3) Failure to provide that information constituted the offence.

Acquittal set aside; conviction directed.

R v Ali [2025] EWCA Crim 870

The Court of Appeal found the original 4‑year sentence for causing death and serious injury by dangerous driving to be unduly lenient. Ali, aged 18, drove at over 60 mph in a 30 zone, crashed, killing one passenger and seriously injuring another. After the crash he committed multiple further driving offences, which the court said eliminated any claim to remorse.

The offence was placed firmly in Category A due to extreme speed. After recalculating aggravation, mitigation, and guilty plea credit, the Court substituted a sentence of 76 months’ detention and increased the driving disqualification to 8 years 2 months.

Average custodial sentence lengths

Causing death by dangerous driving (section 1)

Sentence outcomes

In 2020, as in previous years, the majority of adult offenders sentenced for causing

death by dangerous driving were sentenced to immediate custody (93 per cent). A

further 6 per cent were given a suspended sentence, and 1 per cent were given a

community sentence.

Sentence lengths

The statutory maximum for this offence has recently increased to life imprisonment

under the Police, Crime and Sentencing Act 2022. However, in 2020, the statutory maximum was 14 years’ custody.

The average (mean) custodial sentence length (ACSL) for causing death by dangerous driving in

2020 was 4 years 7 months. Of those sentenced to immediate custody, 41 per cent received a

custodial sentence post guilty plea of 2 to 4 years, and just over a quarter (27 per cent) received 4 to

6 years.

Recent data

In 2023 the ACSL was 82.5 months (6 years and 10.5 months)

In 2024, the ACSL was 95.3 months (7 years and 11.3 months)

In 2025, the ACSL was 99.5 months (8 years and 3.5 months)

Causing death by careless driving (section 2B)

Sentence outcomes

The most common outcome for offenders sentenced for causing death by careless or

inconsiderate driving in 2020 was a suspended sentence (39 per cent), closely

followed by immediate custody (31 per cent). A quarter (25 per cent) of offenders

were given a community sentence, 4 per cent received a fine and 1 per cent were

‘Otherwise dealt with’

Sentence lengths

The statutory maximum for this offence is 5 years’ custody. The ACSL in 2020 for

causing death by careless or inconsiderate driving was 12 months. Of those

sentenced to immediate custody, nearly three quarters (73 per cent) received a

sentence of up to and including 1 year, and just under a fifth (19 per cent) received 1

to 2 years.

Recent data

In 2023 the ACSL was 14.5 months.

In 2024, the ACSL was 17.7 months

In 2025, the ACSL was 18.2 months (1 year and 6.2 months)

Causing serious injury by dangerous driving (section 1A)

Sentence outcomes

Just over two thirds (67 per cent) of adults sentenced for causing serious injury by

dangerous driving in 2020 received immediate custody. A little over a quarter (26 per

cent) received a suspended sentence, 5 per cent received a fine and 1 per cent

received a community sentence. A further 1 per cent were ‘Otherwise dealt with’

Sentence lengths

The statutory maximum sentence for this offence is 5 years’ custody. The ACSL in

2020 was 2 years 2 months.

Recent data

In 2023 the ACSL was 29.3 months.

In 2024, the ACSL was 30.4 months

In 2025, the ACSL was 31.7 months (2 years and 7.7 months)

Dangerous Driving (section 2)

Sentence outcomes

Nearly half (49 per cent) of offenders sentenced in 2020 for dangerous driving

received immediate custody, and nearly a third (32 per cent) received a suspended

sentence. A further 15 per cent received a community sentence, and 3 per cent

received a fine. The remaining offenders received an absolute or conditional

discharge or were ‘Otherwise dealt with’

Sentence lengths

The statutory maximum sentence for this offence is 2 years’ custody. The ACSL in

2020 for offenders sentenced for dangerous driving was 10.1 months. In 2020, three

quarters (75 per cent) of offenders sentenced to immediate custody received a

sentence of up to and including 12 months.

Recent data

In 2023 the ACSL was 10.6 months.

In 2024, the ACSL was 11.4 months.

In 2025, the ACSL was 11.1 months.

How to prepare for a meeting with a probation officer preparing a pre-sentence report (Magistrates' Court)

A Pre‑Sentence Report (PSR) is a document written by the Probation Service to help the court decide the most appropriate sentence.

It explains:

• Your background and personal circumstances

• Your understanding of the offence

• Why it happened

• Your attitude and level of remorse

• Your risk of reoffending

• What sentence or requirements might reduce that risk

The magistrates will carefully read the report before sentencing and usually take its recommendations seriously.

Why the Interview Matters

The PSR interview is your chance to show:

• You understand the seriousness of the offence

• You take responsibility

• You have insight into why it happened

• You have a plan to make sure it never happens again

Your attitude and presentation in the interview are often quoted directly in the report.

What To Do in the Interview

Be honest and consistent

Your account must match what was accepted in court.

Take responsibility

Show that you understand your actions and their impact.

Show insight

Explain what led to the offence and what you have learned from it.

Express genuine remorse

Focus on the effect on others, not just the consequences for you.

Explain the context, not excuses

Probation want to understand the situation, but they need to hear that you still accept responsibility.

Demonstrate stability

Mention work, caring responsibilities, routine, support networks, and anything that shows reliability.

Show a clear plan for the future

Describe what you are doing to avoid reoffending (e.g., counselling, avoiding alcohol, changing routines, practical safeguards).

Stay calm and respectful

Your attitude is part of the assessment.

What NOT To Do

Do NOT minimise the offence

Avoid phrases like “It wasn’t that bad” or “Everyone does it”.

Do NOT blame others

Probation will note any attempt to shift responsibility.

Do NOT get defensive or argumentative

It suggests lack of insight.

Do NOT say you don’t need help

Probation may interpret this as a risk factor.

Do NOT say you only regret being caught

This is extremely damaging.

Do NOT say you have no idea why it happened

Probation need a clear explanation of the causes and how you will address them.

How to Talk About the Offence

A safe structure is:

1. What you did – clear acceptance

2. Why it was wrong – understanding of risk and harm

3. Why it happened – honest explanation, not excuses

4. What has changed since – concrete steps you’ve taken

5. How you will prevent it happening again – practical plan

After the Interview

• The probation officer will write the report and send it to the court

• On the day of your hearing, the magistrates will read it before deciding sentence

Sentencing Act 2026

Commencement: Royal Assent 22 January 2026

Key operative date: 22 March 2026 (major changes)

Further commencement: Autumn 2026 (early release reforms)

1. Overview

The Sentencing Act 2026 introduces the most significant restructuring of custodial and community sentencing powers since the Criminal Justice Act 2003. The reforms affect:

  • Suspended sentence powers

  • A new statutory presumption to suspend

  • Release provisions for standard determinate sentences

  • New community order requirements

  • Changes to bail, recall, and RARs

The Act is not retrospective unless expressly stated. Practitioners must therefore identify:

  1. Date of conviction

  2. Date of sentence

  3. Date of offence

Different provisions apply depending on which of these triggers is engaged.

2. Three‑Year Suspended Sentences (s.2)

Applies to offenders aged 18+ convicted on or after 22 March 2026.

Key points

  • Maximum custodial term that may be suspended increases from 2 years → 3 years.

  • Maximum operational period increases from 2 years → 3 years.

  • Operational period may only exceed 2 years if the custodial term exceeds 2 years.

    • Therefore:

      • 2 years suspended for 3 years = unlawful

      • 2 years 1 month suspended for 3 years = lawful

Supervision period unchanged

  • Maximum supervision period remains 2 years (except unpaid work, which may run to the end of the operational period).

Practical impact

  • Courts now have a much wider disposal range for serious offences that previously required immediate custody.

  • Expect more complex mitigation arguments around rehabilitation and proportionality.

3. Presumption to Suspend Sentences of 12 Months or Less (s.1)

Applies to offenders aged 18+ convicted on or after 22 March 2026.

A new s.277A Sentencing Act 2020 creates a statutory presumption for offenders over age 21:

Sentences of 12 months or less must be suspended unless exceptional circumstances justify immediate custody.

A similar provision applies to offenders under age 21 (s.264A Sentencing Act 2020)

The presumption is subject to statutory exceptions. The presumption does not apply where:

  1. Offender already in custody (serving, remanded, or detained under MHA).

  2. Aggregate consecutive sentences exceed 12 months.

  3. Offender is being re‑sentenced for an offence previously subject to supervision.

  4. Offence committed while under supervision (community order, referral order, suspended sentence).

  5. Offence constitutes or is closely connected with a breach of a court order (e.g., breach of restraining order, witness intimidation in breach of bail).

  6. Suspension would put a particular individual at significant risk of physical or psychological harm (e.g., domestic abuse contexts).

Practical consequences

  • The presumption is strong, but not absolute.

  • Courts must still consider:

    • public protection

    • rehabilitation

    • proportionality

    • feasibility of requirements

  • Expect more Newton hearings and disputed factual bases, as the difference between immediate custody and suspension becomes more acute.

4. Early Release Reforms (s.23) – Autumn 2026

These provisions have not yet commenced. Implementation will be phased.

Key changes

For standard determinate sentences:

A. Sentences currently released at halfway → release at one‑third

  • Applies to most SDS cases.

B. Sentences currently released at two‑thirds → release at halfway

  • Applies to offenders sentenced to 4+ years for specified violent/sexual offences in Schedule 15 CJA 2003.

C. Extended sentences unchanged

  • Parole eligibility remains at two‑thirds.

Earned Progression Model

Three stages:

  1. Custody stage – prisoners may receive extra days (up to 84 per incident).

  2. Post‑custody stage – intensive supervision under strict licence conditions.

  3. At‑risk stage – no active supervision.

This replaces the Home Detention Curfew (HDC) model for new cases.

In some cases, offenders may be released later than under HDC.

5. Other Key Provisions

Income Reduction Orders (s.3)

  • New punitive requirement for suspended sentences.

  • Offender pays a percentage of “excess monthly income”.

  • Calculation method to be set by regulations.

Deferred Sentences (s.5)

  • Maximum deferral period increases from 6 months → 12 months.

Whole Life Orders (s.11)

  • Starting point extended to include:

    • probation officers

    • former police/prison/probation officers

    • where murder is motivated by their duties.

RAR → “Probation Requirement” (ss.12–13)

  • Courts no longer specify maximum RAR days.

  • Renamed “probation requirement”.

New Community Order Requirements (ss.14–17)

  1. Driving prohibition requirement

  2. Public event attendance prohibition

  3. Drinking establishment entry prohibition

  4. Restriction zone requirement

Standard Recall (s.32)

  • Increases from 28 days → 56 days.

Bail Act Amendment (s.44)

From 22 March 2026:

  • Presumption in favour of bail where no real prospect of custody now expressly includes cases likely to receive suspended sentences.

6. Practical Implications

A. Mitigation

  • The presumption to suspend will shift the centre of gravity of sentencing hearings.

  • Expect more detailed PSRs and more contested facts.

B. Custody thresholds

  • Courts must justify immediate custody in 12‑month‑and‑under cases.

  • Defence will rely heavily on rehabilitation, risk reduction, and proportionality.

C. Release calculations will become more complex

  • Practitioners must check commencement dates carefully.

  • Clients will need clear advice on realistic release expectations.

D. Suspended sentences will become the default disposal in many cases

  • Particularly for young adults, first‑time offenders, and those with strong mitigation.

7. Summary

  • Three‑year suspended sentences available from 22 March 2026.

  • Presumption to suspend sentences ≤12 months unless exceptional circumstances.

  • Early release reforms (one‑third / halfway) from Autumn 2026.

  • New community requirements, income reduction orders, longer recalls, and RAR reforms now in force.

  • Bail presumption widened to include likely suspended sentences.

Determining the length of disqualification

Sentencers should consider the following questions, when considering the length of a disqualification over and above any applicable minimum and any period spent in custody:

  • How bad was any driving concerned in the present offence?

  • Does the offender have a history of poor driving, driving unlicensed, or breaching disqualifications?

  • Will the public be at risk of harm from the offender’s driving in future?

  • Will the disqualification period provide a sufficient deterrent to the offender, helping to ensure their future driving is of an acceptable standard?

  • How will the disqualification affect the offender’s prospects for rehabilitation (with particular regard to employment, training, and family responsibilities)?

  • What will the impact be on third parties (including children and dependent family members) for the duration of the disqualification?

  • What is the aggregate period that the offender will be prevented from driving, bearing in mind any period spent in custody?

  • Standing back, is the disqualification fair and proportionate, considering the culpability of the offender and the harm done?

The burden and standard of proof in exceptional hardship cases

You must prove, on a balance of probabilities, that there would be “exceptional hardship” if disqualified from driving.

You will be required to take an oath (or affirmation) and speak about your circumstances.

It is your responsibility to provide the court with evidence to support your case.

Almost every disqualification involves hardship for the defendant and the defendant’s immediate family.

Hardship or inconvenience is not exceptional hardship.

Loss of employment is not itself sufficient to demonstrate exceptional hardship. 

Whether loss of employment amounts to exceptional hardship will depend on your circumstances and the consequences for you or other people.

You will be asked about alternative means of transport. 

If the court finds exceptional hardship then it has a discretion to order no disqualification or disqualify for less than the minimum period.

If the court does not find exceptional hardship then it must disqualify the defendant for at least 6 months.

Source: Sentencing Council guideline

Wrong road on Notice of Intended Prosecution

Section 1 of the Road Traffic Offenders Act 1988 requires a warning of intended prosecution for various offences, including speeding. A written notice of intended prosecution must specify the:

- nature of the alleged offence; and

- time of the alleged offence; and

- place of the alleged offence.

Failure to comply with the s. 1 provisions is a bar to conviction. There is a legal burden on the defendant to prove non-compliance.

"A notice cannot be 'amended'; if time permits, a fresh notice should be served or sent in lieu of the defective one. It was said obiter in R. v Budd [1962] Crim. L.R. 49 that there can be a conviction for dangerous driving only if it occurred in the road named in the warning of intended prosecution. In Shield v Crighton [1978] R.T.R. 494 a notice erroneously stated the name of a road some 80yds distant from the road where the offence was committed; it was said obiter that a written document misstating the place could be misleading, but as an oral warning had been given at the scene at the time, what is now s.1 of the Road Traffic Offenders Act 1988 had been complied with." - Wilkinson's Road Traffic Offences.

"It is submitted that where an error in the notice is as to the place, it is a question of fact and degree whether the defendant has been misled and that a misstatement is not ipso facto fatal if the defendant has not been misled by the misstatement." - Commentary in Wilkinson's.

"If no oral warning of intended prosecution is given to a motorist at the time when it is alleged he has committed an offence to which (what is now s. 1 of the 1988 Act) applies, and if subsequently within the period of 14 days allowed by (what is now s. 1(1)(c) of the 1988 Act) he gets for the first time notice of the intention to prosecute him in the form of a written document which inaccurately says, for instance, that he was committing an offence on the M4 when he was actually committing an offence on the M1, that would produce a state of affairs in which the motorist would be misled and in which the purposes of the provisions of (what is now s. 1 of the 1988 Act) to give the motorist due warning of intended prosecution at a time when the facts of the case are still fresh in his mind would be defeated." - Shield v Crighton [1974] RTR 494.

Speeding defences - What to do upon receipt of a late Notice of Intended Prosecution (NIP)

Template letters:

1) The Registered Keeper has received a Notice of Intended Prosecution more than 14 days after the alleged offence.

Dear Sirs,

I refer to the attached Notice of Intended Prosecution dated [DATE] that I received on [DATE2]. I am the Registered Keeper of the vehicle specified in the Notice and have been the Registered Keeper since [DATE3]. I have completed the Request for Driver Details form as requested.

As you know, section 1 of the Road Traffic Offenders Act 1988 requires a Notice of Intended Prosecution to be served on the Registered Keeper within 14 days of the commission of the offence.

The Notice of Intended Prosecution was not sent in time and could not be regarded as having been properly served in accordance with the 1988 Act. Failure to comply with the aforementioned provisions is a bar to prosecution; see Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).

Please confirm that no further action will be taken.

Yours, etc.

2) The Notice of Intended Prosecution was sent to the Registered Keeper within 14 days of the index offence but received by the Registered Keeper more than 14 days after the alleged offence. The ticket office staff mistakenly believe that service is the next day or when sent.

Dear Sirs,

Thank you for your recent correspondence in which you confirmed that the Notice of Intended Prosecution dated [DATE] was sent on [DATE2].

You say that you considered the notice sent by first class post to be served the next day. It was not served the next day. It was served on [DATE3] ; that being the day of receipt.

As you know, section 1 of the Road Traffic Offenders Act 1988 requires a Notice of Intended Prosecution to be served on the Registered Keeper of the vehicle within 14 days of the commission of the offence. Exceptions to the rule are set out in section 2 of the 1988 Act; none of which apply to my case.

Section 7 of the Interpretation Act 1978 provides that;

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

What constitutes “the ordinary course of post” is set out in the Criminal Procedure Rules 2015 (as amended). Part 4 deals with service of documents. CrimPR 4.11(2)(b) provides that unless something different is shown, a document served on a person is served;

“in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched”

The Notice of Intended Prosecution dated [DATE] was not sent in time and could not be regarded as having been properly served in accordance with the 1988 Act. Failure to comply with the aforementioned provisions is a bar to prosecution; see Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).

Please confirm that no further action will be taken.

Yours, etc.

Director of Public Prosecutions v Marrable (4 February 2020) Unreported

DPP v Marrable, Divisional Court, 4th February 2020, Unreported.

The appellant was alleged to have driven at 72 mph where the temporary speed limit was 50 mph.

Before the magistrates’ court, the appellant contended that he had driven his company vehicle, fitted with a GPS tracker device, at 53-54 mph.

A police officer gave evidence that the speed was detected using a Home Office type-approved Trucam laser speedmeter, within calibration and operating properly.

The justices’ clerk advised the magistrates that the Trucam laser speedmeter was a Type-approved device and the defendant’s opinion of his speed was insufficient to rebut the Trucam evidence and that the GPS tracking device was not an approved device for measuring speed.

The magistrates dismissed the case against the defendant on the basis that the GPS tracker device cast a reasonable doubt as the speed of the vehicle. The prosecutor appealed by way of case stated. The DPP submitted:

  1. The justices had been wrong to rely on the GPS evidence as it was not an approved device and no evidence had been submitted as to its reliability

  2. If the justices had been entitled to have regard to the GPS evidence then they were wrong to prefer it to the Trucam evidence and their decision was irrational

  3. Even on the appellant’s own evidence, he was driving in excess of the speed limit; the justices were wrong to find that he was not guilty to driving in excess of 50 mph.

Held: Appeal dismissed. It was clearly established in Cracknell v Willis [1988] RTR 1 that evidence from an approved device was not conclusive evidence. The magistrates had been properly directed that it was a matter for the court to weigh up the competing evidence and it could not be said the the justices decision was perverse or irrational. All that was required was evidence providing a reasonable doubt that the appellant had been travelling at above 50 mph.

Special Reasons in drink driving cases

Special Reasons permit the court to exercise a discretion not to disqualify (or endorse) for an offence carrying a mandatory disqualification from driving. For a matter to be a “special reason” it must:

  • Be a mitigating or extenuating circumstance

  • Not amount in law to a defence to the charge

  • Be directly connected with the commission of the offence; and

  • Be one which the court ought properly to take into considertation when imposing sentence

Special reasons have been found where the accused did not know the nature of what he was drinking. This can arise:

  • When the defendant does not know that he is drinking alcohol; or

  • Where the defendant knows that he is drinking alcohol but has been misled as to the nature of the drink.

The court often deals with defendants who claim that their drink was laced / spiked. In such cases, the burden of proof is on the defendant to establish that:

  • His drink was laced with alcohol;

  • He did not know or suspect that his drink was laced; and

  • If his drink was not laced then the alcohol level in his blood would not have exceeded the prescribed limit.

Unless it is obvious to a layman that the added drink explains the excess then medical / scientific evidence must be adduced.

There are other circumstances in which special reasons can be argued:

  • Emergency (where the emergency is not one that could establish a necessity / duress defence)

  • Shortness of distance driven

  • Miscellaneous circumstances

If shortness of distance driven is argued then the court will consider:

  • How far the vehicle was driven

  • In what matter it was driven

  • the state of the vehicle

  • whether the driver intended to go further

  • the road adn traffic conditions prevailing at the time

  • whether there was a possibility of danger by coming into contact with other road users or pedestrians

  • what the reason was for the car being driven.

ADVICE

The aforementioned is a very brief synopsis of a relatively complicated area of law. Information on a website is no substitute for expert professional advice. Please contact me for advice regarding your specific case.