Key Changes Under the Sentencing Act 2026

In March 2026 a number of reforms to criminal sentencing law in England and Wales came into force through amendments introduced by the Sentencing Act 2026. These changes modify parts of the Sentencing Act 2020 and affect several aspects of criminal procedure, including suspended sentences, bail decisions, deferred sentencing and the treatment of certain serious offences. 

Although the reforms do not fundamentally redesign the sentencing system, they introduce important changes that will affect how courts deal with shorter prison sentences and certain categories of offenders.

This article explains the most significant changes and what they mean in practice.

What is the presumption of a suspended sentence?

One of the most significant changes introduced in March 2026 is a new presumption in favour of suspended sentences for shorter custodial terms. Where a court determines that the appropriate sentence for an adult offender would be imprisonment of 12 months or less, the court must normally impose a suspended sentence order rather than immediate custody. 

This provision applies to offenders aged 18 or over who are convicted on or after 22 March 2026.

A suspended sentence order means that the court passes a prison sentence but suspends its operation for a specified period. During that period the offender remains in the community subject to conditions. If those conditions are breached, the custodial sentence may be activated.

When can the court still impose immediate custody?

The presumption of suspension does not apply in every case. Immediate imprisonment may still be imposed where exceptional circumstances exist that justify not suspending the sentence. Those circumstances may relate either to the offence itself or to the offender. Courts are generally required to consider a pre-sentence report before reaching that conclusion. 

The presumption also does not apply in several defined situations, including where:

• the offender is already in custody or detained in hospital
• the total sentence exceeds 12 months
• the offence was committed while the offender was subject to certain court orders
• suspending the sentence would create a significant risk of harm to another person. 

The reform therefore creates a strong starting point against short immediate prison sentences but preserves judicial discretion in serious cases.

Can courts suspend longer prison sentences?

Yes. Another change expands the range of custodial sentences that can be suspended.
Before March 2026 the maximum custodial sentence that could be suspended was two years. The legislation now allows courts to suspend sentences of up to three years’ imprisonment. 

Where the custodial term exceeds two years but does not exceed three years, the court may impose a suspended sentence with an operational period of up to three years. Supervision requirements remain capped at two years.

The change increases the flexibility available to sentencing judges when deciding whether immediate custody is necessary.

Which sentences can no longer be suspended?

The legislation also removes the possibility of suspending two specific types of custodial sentence. Courts can no longer suspend:

• Extended Determinate Sentences
• Special Custodial Sentences for Offenders of Particular Concern

This restriction applies to convictions on or after 22 March 2026. 

Although earlier case law suggested such sentences could technically be suspended, the legislation now confirms that these sentences must be served as immediate custodial terms.

Has the purpose of sentencing changed?

The statutory purposes of sentencing remain largely the same. However, the legislation makes a small amendment to section 57 of the Sentencing Act 2020. The purpose of “protection of the public” is clarified so that it explicitly includes protection “including victims of crime.” 

This change is mainly declaratory and is unlikely to produce major changes in sentencing practice.

What is a deferred sentence and what has changed?

A deferred sentence allows a court to postpone sentencing after a conviction in order to observe the offender’s behaviour for a period of time.
Previously the maximum period for deferring sentence was six months. Under the new legislation this period has been extended to twelve months for convictions on or after 22 March 2026. 

The longer period allows courts greater flexibility to assess whether an offender has demonstrated genuine progress before sentence is imposed.

Expansion of “Offender of Particular Concern” sentences

The Sentencing Act 2026 expands the offences covered by Special Custodial Sentences for Offenders of Particular Concern (SOPC).

These sentences already applied to certain terrorism and sexual offences. The reforms extend them to national security offences. 

As a result, Schedule 13 of the Sentencing Act 2020  now includes three categories of offences:

• terrorism offences
• sexual offences
• national security offences

This reflects a broader legislative focus on offences connected to national security.

New whole-life order cases for murder

The legislation also amends Schedule 21 of the Sentencing Act 2020, which governs minimum terms for murder. Two additional circumstances are now identified in which a whole life order will normally be appropriate:

• the murder of a probation officer in the course of their duties
• the murder of a current or former police officer, prison officer or probation officer where the killing is motivated by something done in the course of their duties. 

These provisions apply to offences committed on or after 22 March 2026.

Bail reform: when can Bail still be refused?

The reforms also make changes to the Bail Act 1976. Where there is no real prospect that the defendant will receive an immediate custodial sentence, certain existing grounds for refusing bail will no longer apply. 

This change is intended to reduce the number of defendants remanded in custody where imprisonment is unlikely to be imposed.

There are also tighter restrictions on when electronic monitoring (tagging) can be imposed as a bail condition in such cases.

Changes to unpaid work in community orders

The legislation also modifies the rules governing unpaid work requirements within community orders and suspended sentence orders. Previously unpaid work had to be completed within 12 months of the order being made. The reform removes this fixed time limit, allowing the work to be completed within the overall duration of the order itself. 

This change is intended to make community sentences easier to administer and enforce.

Removal of post-sentence supervision

The legislation also provides for the repeal of post-sentence supervision for short custodial sentences. Once the repeal comes into force, offenders released from custody will instead be managed solely through licence conditions following release. 

What the Sentencing Act 2026 changes in practice

The Sentencing Act 2026 introduces a number of targeted reforms to sentencing law in England and Wales. The most significant practical effects are likely to include:

• greater use of suspended sentences for short custodial terms
• expanded judicial powers to suspend sentences of up to three years
• changes to bail decisions where imprisonment is unlikely
• new sentencing provisions for national security offences and certain murder cases.

Taken together, these reforms reflect an ongoing policy shift towards limiting the use of short immediate prison sentences while strengthening the framework for community-based sentencing.

If you face a criminal investigation or prosecution you may wish to engage experienced and effective representation. Quentin Hunt is a criminal defence barrister who accepts instructions both through solicitors and directly from members of the public. He has a reputation for fearlessly representing the interests of his clients and attaining excellent results for his clients. You can contact Quentin for a free, no obligation discussion about how he can assist in your case.