What is the Sentencing Act 2026?
The Sentencing Act 2026 has been making its way through parliament since September 2025, after David Gauke’s Independent Sentencing Review in May 2025 made several recommendations to reform UK law concerning sentencing, release and bail.
Following the proposal of the Sentencing Bill in September 2025, Lawtons produced an article outlining the proposed changes which is reflective of our forward-thinking approach and our commitment to remaining informed on legislative changes.
The Act received Royal Assent on 22nd January 2026, meaning that the legislation has now become law and the changes are either due to be implemented or already have been.
The aim of the Act is to make ambitious reforms to the criminal justice system to:
- Tackle extreme overcrowding in UK prisons
- Ensure that penalties for offenders work to effectively aid rehabilitation and reduce crime
- Provide improved support and protection for victims of crime
This article will go over the key changes introduced by the Sentencing Act and how this will affect those facing criminal charges and those in prison.
Changes to Suspended Sentences
Suspended sentence orders (SSOs) are prison sentences that are not served immediately but instead are delayed or ‘suspended’. This allows the individual to serve their sentence in the community rather than in prison, provided they meet certain conditions and do not commit further offences during this period.
The following changes are due to come into effect from 22 March 2026 and will only apply to sentences imposed after this date. The changes are intended to reduce short-term custodial sentences, meaning that more defendants will avoid immediate prison.
Presumption of Suspended Sentences Under 12 Months
The Act requires Courts to suspend any sentence of 12 months or less. Previously, there have not been any requirements to impose suspended sentences. However, Courts can refuse to suspend the sentence if they identify exceptional circumstances which:
- Relate to the specific offences and/or to the offender and
- Justify not suspending the sentence.
For example, if suspending the sentence would put someone at significant risk, such as in a domestic context, the Court may determine that an immediate prison sentence is necessary.
A suspended sentence can also not be imposed if:
- The defendant is already in custody
- The defendant has been detained (sectioned) under the s.37 of the Mental Health Act 1983
Increased Maximum Term of Suspended Sentences
Currently, prison sentences can only be suspended if the duration of the total sentence is two years or less. The Sentencing Act has increased this maximum term of imprisonment to three years. This will widen the breadth of the sentences that can be served in the community with the aim of reducing overcrowding in prisons.
Changes to Deferred Sentences
A deferred sentence is a Court order which postpones final sentencing for a conviction to allow the offender to demonstrate good behaviour and undergo rehabilitation prior to being sentenced.
Currently, the ability to defer a sentence is capped at a 6-month period. The Act will extend this limit to 12 months to give defendants the opportunity to demonstrate progress and rehabilitation over a longer period of time.
Changes to Prison Release Dates
The Act will introduce the ‘Earned Progression Model’ for prison sentences, which will affect when someone on a standard determinate sentence (SDS) is eligible to be released from prison. An SDS is the most common type of prison sentence, where the Court sets a fixed length for the sentence and the defendant serves part in custody and part on licence in the community.
Currently, the automatic release point for an SDS is at the 40% point, after which the offender is released from prison on licence where they must follow specific rules and restrictions in the community for the remainder of their sentence.
The new Earned Progression Model introduces a new three-stage model for SDS:
- The first third of the sentence is spent in custody.
- The second third of the sentence is spent in the community under intensive supervision and surveillance (ISS). This can include certain programmes and/or electronic tagged curfew.
- The final third of the sentences brings an end to ISS (except for those considered to be the highest risk), however all offenders will remain on licence and be at risk of recall if they breach their licence conditions.
Excluding those with an extended or life sentence, these changes mean that:
- Those who previously would have been released at 40% or 50% of their sentence will now become eligible to be released at one third
- Those who would previously have been released at the two thirds point (typically for more serious offence) will now become eligible for release at 50%.
What Does the Earned Progression Model Mean for Offenders?
The goal of the Earned Progression Model is to ensure that higher-risk offenders are kept in custody for longer and to end the cycle of less serious offenders going in and out of prison.
In practical terms, this means:
- Offenders who behave well may still qualify for early release
- Offenders who behave badly can be kept in custody for longer
- Automatic halfway release will no longer be guaranteed
- Behaviour, risk level and compliance will directly affect release dates
The following groups will not benefit from early release under the new model:
- Those serving life sentences
- Those imprisoned for Public Protection (only applicable to offenders sentenced prior to December 2012)
- Those serving extended determinate sentences
- Anyone whose release must be decided by the Parole Board rather than at an automatic release point
The Earned Progression Model is due to be implemented in August 2026.
Introduction of Tougher Community Punishments
For those who are given community-based sentences or for those who have been released from prison on licence, the Act gives Courts the power to impose tougher community punishments to protect victims and to prevent re-offending.
These powers include restricting offenders from pubs, concerts and sports matches. The Act will also introduce new ‘restriction zones’ which will restrict offenders to certain areas or regions, allowing victims of crime to travel without fear of seeing them.
Changes to Bail
The Act has made changes to the Bail Act 1976, providing increased provisions for bail and remand with the intention of reducing unnecessary pre-trial custody. Research has shown that not only does pre-trial custody place pressure on prisons, but bail alternatives are more effective in promoting rehabilitation and preventing re-offending.
A key change is the expansion of the ‘no real prospect test’ when it comes to deciding between bail and custodial remand. This test first came into effect in December 2012 where it was ruled that if an individual awaiting trial has ‘no real prospect’ of receiving a custodial sentence, then they should not be remanded into custody.
The Sentencing Act 2026 widens the application of the ‘no prospect test’ to include those who have been convicted and are awaiting sentencing but have ‘no real prospect’ of a custodial sentence.
The new legislation has also expanded the use of electronic tagging as a bail condition, giving Courts higher power to manage risks while avoiding custodial remand. These changes are intended to ensure that custody is only used in circumstances where it is necessary for public protection.
Changes to Recall
Recall is when an individual is required to immediately return to prison after being released on licence. This is typically triggered by a breach of conditions or an increased risk of re-offending.
In line with the introduction of the new Progression Model, the recall system will be strengthened as more custodial sentences are due to be served in the community. The Act introduces a shift towards prioritising recall in situations where there is an increased risk of harm or further offending, rather than automatic recall for technical breaches.
The intention of these changes is to establish a framework that focuses on risk management so that recall is only used when the individual poses a real threat to the public.
Lawtons’ View on The Act
The Sentencing Act 2026 has the potential to reduce the strain on UK prisons and to minimise the cycle of re-offending linked with short-term custodial sentences. We hope also that the Act will bring improvements to rehabilitation services, in turn easing the backlog in the criminal justice system. As part of Lawtons’ commitment to upholding the highest level of legal expertise, we will be sure to share any further information and updates regarding the Act.
If you are facing a criminal conviction of any kind, it is essential that you seek specialist legal advice from a criminal solicitor who can give you advice and guidance on what the law is at the time of when any offence is committed and what is in force at the time of Sentence. By doing so, you will be in a better position to protect your future and to secure the best possible outcome. If you are in need of legal guidance, contact our specialist team on 0333 577 0522 or visit our enquiries page.
