The Sentencing Act 2026: New Sentencing Provisions

10/02/2026

By Michelle Kafe

The Sentencing Act 2026 (‘the Act’), which received Royal Assent on 22 January, is likely to have a significant impact on the way in which the courts deal with offenders. The Act follows a period of consultation which highlighted the chronic challenges facing the criminal justice and prison system. At the heart of the new Act is an aspiration to rehabilitate low-level offenders in the community, rather than through the prison system. This includes more stringent community order requirements to ensure that punitive aspects of the justice system remain intact.

Presumption of Suspended Sentence

Section 1 of the 2026 Act introduces the presumption of a suspended sentence order, where the sentence ordered is one of 12 months or less. Under subsection (2), where the offender is between 18 and 21 years of age and is sentenced to a young offender institution,

(2) The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b) justify not making the order.

Section 1(3) of the new legislation includes identical provisions for offenders over the age of 21 upon conviction and inserts the same caveat of ‘exceptional circumstances’ stated in s.1(2). An example of ‘exceptional circumstances’ includes where the offender has breached a court order.

The provisions under section 1 only apply if the offender is not already in custody either serving a custodial sentence or remanded for other matters. Pre-sentence report requirements will still apply.

It is important to note that this provision will only apply if the defendant is convicted (not sentenced) on or after 22 March 2026, which is when these sections of the Act come into force.

Length of Suspended Sentence

The change which is likely to have the most impact in the Crown Court is the increase in the maximum term over which a custodial sentence can be suspended from 2 years to 3 years. This is stipulated in section 2 of the Act. This provision will similarly only apply where the offender is convicted on or after the 22 March 2026.

Bail

Section 44 of the 2026 Act will amend the Bail Act 1976 to include the imposition of electronic monitoring requirements upon release on bail. The previous presumption in favour of bail where there was no real prospect of the defendant receiving a custodial sentence has been extended to include circumstances where there is no real prospect of the defendant receiving a suspended sentence.

Deferring a Sentence.

Section 5 of the Act increases the duration over which a sentence can be deferred from 6 to 12 months. This aims to address the fact that a longer period of ‘testing’ may provide greater clarity into the offender’s behaviour and rehabilitation prospects after being convicted of an offence.  

Domestic Abuse

Section 6 of the Act introduces a requirement for a formal judicial finding of domestic abuse. Under s.6(2), the court must, in open court, state that in its view the offence involved domestic abuse carried out by the offender.

Under the existing Sentencing Guidelines, the domestic context is an aggravating feature of particular offences, and there is a distinct guideline on domestic abuse. Nevertheless, the new provision will go further to include a declaration from the court at sentence stating, in its view, the offence was committed in a domestic abuse context. This is applicable regardless of the offence charged. The aim of this provision is to ensure that domestic abuse is clearly identified and tracked by the courts.

Court Transcripts

Section 22 of the Act requires the court to supply transcripts of the sentencing remarks, upon request, to the victim of the offence. Under s.22(2):

The Secretary of State must supply the transcript to V, or arrange for the transcript to be supplied to V—

(a) free of charge, and

(b) before the end of the period specified in regulations made by the Secretary of State.

This is something which ought to be mentioned to victims prior to sentence, especially when the victim has engaged in proceedings and is interested to know the outcome but does not wish to see the defendant in court.

Probation Requirements

Several provisions have been included in the new Act to amend and extend the requirements a court can impose when an offender receives a sentence other than immediate custody. The current prohibited activity requirements in Scheule 19 of the Sentencing Act 2020 have been expanded to include specific driving, drinking and public event attendance prohibition requirements (sections 14 to 17).

Section 14 of the 2026 Act stipulates that the court may impose a driving prohibition requirement – an order restricting when and where a person can drive – even where the relevant offence did not involve driving or the use of a motor vehicle.

A restriction zone requirement (Section 17) requires an offender to remain, for a particular period, in one or more particular areas. The order must be specified by the courts. This requirement can endure for up to 2 years.

Under section 13 of the Act, Rehabilitation Activity Requirements (RAR days) are renamed probation requirements and substituted as such in the relevant sections of the Sentencing Code.

Conclusion

The Sentencing Act 2026 appears to herald a concerted shift from short periods in prison to a wider and longer range of sentences that can be served in the community. This is underlined by the presumption in favour of short suspended sentences and the increase in their duration. Although the focus on community based penalties may attract headlines, there are other provisions which provide some encouragement for victims, especially in cases involving domestic abuse.