The Sentencing Act 2026 came into force on 22 March 2026. Its primary aim is to promote the rehabilitation of offenders within the community while reducing the use of custodial sentences, in part to address prison overcrowding.

Main changes

The Act introduces a presumption that custodial sentences of 12 months or less should be suspended. This applies to individuals aged 18 or over who are convicted of an offence on or after 22 March 2026. In practice, this means the court must suspend a custodial sentence of 12 months or less unless one of the following exceptional circumstances apply:

  1. The defendant is already in custody.
  2. The defendant is to receive a consecutive custodial sentence that would bring the total term above 12 months.
  3. The defendant is being re-sentenced while subject to a supervision order for the main offence.
  4. The defendant was subject to a supervision order when the new offence was committed and is therefore in breach of that order.
  5. The offence was committed in circumstances closely connected with a breach of a court order.
  6. A suspended sentence order would place a particular individual at significant risk of physical or psychological harm.

This reform is intended to reduce the number of people sent to immediate custody in England and Wales, particularly in response to prison overcrowding. It also places greater emphasis on rehabilitation by enabling more offenders to serve their sentences in the community.

Extension of Suspended Sentence Orders

The Act also increases the maximum operational period for suspended sentence orders from two years to three years. As a result, the courts now have power to impose a suspended sentence order for an offence carrying a custodial term of up to three years. This change applies to individuals aged 18 or over who are convicted of an offence on or after 22 March 2026.

If you are before the Court or need to attend the police station for an interview and need legal advice and assistance please contact our Criminal team at Paul Robinson Solicitors on 01702 338338 .

Get in touch