Sentencing Act 2026 - Changes

The Act received royal assent on 22 January 2026, however, rather than being immediately brought into effect there is an arbitrary cut-off date of “two months” thereafter, hence the provisions will take effect on 22 March 2026.

However, that is limited to certain provisions, the remainder have no transitional provisions at present but are expected to be introduced in the Autumn of 2026.

The Suspended Presumption

There is no provision within the Sentencing Act 2026 which seeks to revert the increase to the maximum sentence in the Magistrates Court. However, what it does do is create a presumption that any sentence which does not exceed 12 months is to be suspended.

This shall apply from the date the provisions are brought into effect, ie. 22 March 2026, such that if the term of imprisonment does not exceed 12 months then the Court must make a suspended sentence order.

The ‘catch-all’ exception is where there are exceptional circumstances which relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and justify not making the order.

There are a number of statutory exceptions, which are broadly common sense based, such as where the Defendant is a serving prisoner.

The exceptional circumstances provision is also disapplied in respect of those who have committed an offence which breaches an earlier court order. Finally, exceptional circumstances need not be found where the court is of the opinion that not imposing a sentence of immediate imprisonment would put a particular individual at significant risk of physical or psychological harm.

There is no guidance, at present, as to what will amount to exceptional circumstances but one might anticipate the Sentencing Council issuing guidance in due course.

The Expanded Suspended Sentence

In good news for those Category Three, Significant Role offenders who wish to plead guilty, the maximum term that can be suspended will be increased to 3 years.

However, there may well be a delay in such individuals entering a guilty plea until 22nd March 2026 as the relevant date is the date of conviction. It appears from the way the legislation is drafted that if an individual is convicted on 21st March 2026, the maximum term that can be suspended is 2 years, whereas if they are convicted on 22nd March 2026 this will increase to 3 years.

The maximum operational period will also be increased to 3 years, however, this will only apply where the term of imprisonment which is suspended exceeds 2 years. 

The Sentencing Council

The Sentencing Council must now seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines. However, that consent can be withheld if it is considered that it is necessary to do so in order to maintain public confidence in the criminal justice system.

Ancillary Matters

The period that a sentence can now be deferred for has been increased to 12 months, rather than the 6 months that applied previously.

The provisions also introduce an automatic whole life order for certain offences, namely for the murder of a police officer, a prison officer or an officer of a provider of probation where the offence was motivated wholly or partly by something done by the victim in the course of their duty



Looking Ahead

For completeness, as per Section 49 (commencement), Sections 1, 2, 4, 5, 7 to 9, 11, 19, 20, 40, 41 and 43 and Schedules 1 and 2 come into force at the end of the period of two months beginning with the day on which this Act is passed (i.e. 22nd March 2026).

The remainder of the provisions are due to be introduced in the Autumn, some of the highlights include:

• New requirements as part of Suspended Sentences and Community Orders including Driving Prohibition Requirement (DPR), Public Event Attendance Prohibition Requirement (PEAPR) Drinking Establishment Entry Prohibition Requirement (DEEPR) and a Restriction Zone Requirement (RZR);
• There will be changes to bail conditions which will look at the need for there to be a real prospect of an immediate custodial sentence when considering the application of the provisions;
• Finally, it appears there will be an ‘Earned Progression Model’ whereby prisoners can work towards a release point at 33% rather than the existing release provisions.