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New Sentencing Rules in 2026 – Everything you need to know

The introduction of the Sentencing Act 2026 makes a change to defendants being sentenced in criminal proceedings.

The main changes

  • For prison sentences of 12 months or less, there is a presumption that these will be suspended, particularly for low level offences
  • Suspended sentence term to increase from two years to three years
  • Early prison release from Autumn 2026

Suspended sentence

For offenders aged 18 and over and who are convicted on or after 22nd March 2026, Courts will be able to impose suspended sentences for custodial sentences of up to three years for a period of three years. This is a change from the previous maximum of two years.

Both the maximum sentence and operation length are therefore extended.

Presumption of suspended sentence

For offenders aged 18 and over and who are convicted on or after 22nd March 2026, Courts must suspend all custodial sentences of 12 months or less unless exceptional circumstances relating to the offence or offender justify that it would not be appropriate to do so.

There are a number of exceptions where the presumption does not apply:

  • The presumption does not apply for offenders already in custody, serving a sentence, on remand or detained under the Mental Health Act 1983
  • The presumption does not apply if the Court is passing consecutive sentences that aggregate to greater than 12 months. However, if the total custodial sentence remains under 3 years, the Court will have the power to suspend
  • The presumption does not apply if the offence for which an offender is being sentenced was committed whilst the offender was subject to a supervision order such as a community order, referral order or suspended sentence
  • The presumption does not apply where the commission of the offence, constituted or occurred in circumstances closely connected with a breach of an order of the court, e.g. breach of restraining order
  • The presumption does not apply where the court is of the opinion that suspending the sentence would put a particular individual at significant risk of physical or psychological harm, e.g. domestic cases

Other changes

  • Under section 5, the duration of time for which sentences can be deferred will increase from 6 months to 12 months
  • Under section 32, the length of standard recall on licence will increase from 28 days to 56 days
  • Under the bail act 1976, from 22nd March 2026, the previous presumption in favour of bail where there was no real prospect of the defendant receiving a custodial sentence will be extended to include offenders likely to receive a custodial sentence

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.

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