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.