THE SENTENCING ACT 2026
Updated: Aug 30
HOW THE 2026 ACT KEEPS YOU OUT OF JAIL, UNLESS YOU PLEAD GUILTY PRIOR TO 22/03/26
From 22/03/2026 should you be at least 18 years of age and facing a custodial sentence of 12 months or less, the courts must suspend your sentence. That means 'no jail time'. Fraud, Aggravated Assault, Burglary (unarmed), Theft, Common Assault, Criminal Damage, Drink Driving (no death), Possession of Class B Drugs, Handling Stolen Goods, Breach of Community Order; the 2026 Act is literally your get-out-of-jail card. That is unless you are a repeat offender or a domestic abuser. Read out article and listen to the waves rather than hear the bars slam.
This article concerns the Sentencing Act 2026 (the 2026 Act) and provides a brief overview of the major changes to the criminal law. It begins with a synopsis and then places the 2026 Act in context through a dropdown Q&A. Finally, it concludes with a comment section which provides contact details for solicitors whom can help.
As with all articles published on this site, nothing constitutes legal advice and you are referred to our terms and conditions of use accordingly. Any opinion expressed herein is solely that of the author unless otherwise stated. Always speak to a solicitor practicing in criminal law when dealing with the police or any member of the security services.
SYNOPSIS - KEY CHANGES
For direct access to the Sentencing Act 2026, click here.
Presumption of Suspension: Should you be 18 years old or over and convicted on or after 22nd March 2026 then providing that your sentence is less than 12 months/1 year the courts must suspend it. That means you do not go to jail if your custodial sentence is 1 year or less. In the event that your crime, arrest and/or charges is brought prior to 22nd March 2026 you should still benefit from the 2026 Act unless your plead guilty prior to 22nd March 2026. So if you are attending your first hearing in the next 3 days (from publication) and intend to plead guilty you will forfeit the 2026 Act's 'get-out-of-jail' card. Please speak to your criminal solicitor for further advice.
Exceptional Circumstances: Section 5(1) Sentencing Act 2026 should not be confused with the Sentencing Guidelines as it is real law. The court must make, a suspended sentence order unless there are 'exceptional circumstances.' These are not strictly defined but case law and other policies suggest:
Bail Risk: Section 4(2)(a) Sentencing Act 2026 amends the Bail Act 1976. Should the court be convinced that there is a real risk you will abscond i.e. fail to surrender yourself into custody, then you will forfeit the 2026 Acts protections. In these circumstances, the court should need a history of absconding or some other proof your are 'a risk' like the purchase of plane tickets.
Already in Prison: Should you already be in prison then you will not benefit from the 2026 Acts 'get-out-of-jail-card'. Sorry My-G but there will be an 'Earned Progression Model' introduced whereby prisoners can work towards a release point at 33% of the custodial sentence rather than the existing release provisions which are 40%.
Domestic Abuse and/or Controlling/Coercive Behaviour: Should you plead or be convicted of controlling/coercive behaviour that would fall within Category A for culpability and Category '1' for harm, then you should normally face custodial sentences of >30 months. However, a plea at first appearance would normally allow you a minimum of 25% credit. In these circumstances, it is highly probable due to policy reasons that the court shall find you fall within 'the Exceptional Circumstances' and you will forfeit the 2026 Act's get-out-of-jail card.
Bail: Section 44 of the Sentencing Act 2026 amends the Bail Act 1976 to include the imposition of electronic monitoring requirements upon release on bail. This extends the previous presumption in favour of bail where there was no real prospect of a custodial sentence.
Longer Suspensions: Prior to the Sentencing Act 2026, your sentence could be suspended for a maximum of 2 years. From 22/03/2026 it has now gone up to 3 years.
Extended Deferrals: Prior to the Sentencing Act 2026, the court could defer sentencing for a period of 6 months this has been increased to 12 months.
SENTENCING - A GENERAL OVERVIEW
WHAT IS A SUSPENDED SENTENCE?
Originally introduced by the Criminal Justice Act 2003 (now repealed) a 'Suspended Sentence' is defined in the s.286 Sentencing Act 2020 as:
(1) A suspended sentence order is an order providing that a sentence of imprisonment (adults) or detention in a young offender institution in respect of an offence is not to take effect unless—
(a) an activation event occurs, and
(b) a court having power to do so subsequently orders under paragraph 13 of Schedule 16 that the sentence is to take effect.”
(2) A suspended sentence order my also specify one or more available community requirements with which the offender must comply which the offender must comply during the supervision period.
(3) An activation event occurs should the offender -
(a) commits another offence in the United Kingdom during the operational period (whether or not punishable with imprisonment), or
(b) during the supervision period, contravenes any community requirements table (s.287)
In plain speak: The court slaps a prison term on you but gives you 1 more chance before you get banged up inside —unless you breach it. As for a breach means this refers to getting caught committing another criminal offence during the “operational period” (6 months to 2-3 years), or you ignore any add-on rules like curfew, unpaid work, drug treatment. Then boom—sentence activates, you serve it.
Key bits:
• Only for adults (or young offenders in YOI).
• Custody threshold must be crossed—offence serious enough for jail, but court thinks “nah, not yet” if you’re low-risk.
• Can add up to 13 community requirements (Schedule 9)—think probation-style stuff.
So yeah—it’s jail on pause, not a free pass. Add that line: “A suspended sentence, per section 286 of the Sentencing Act 2020, is a custodial term that stays dormant unless breached—your get-out-of-jail card, until it isn’t.”
WHAT ARE THE SENTENCING GUIDELINES OF ENGLAND & WALES?
The Sentencing Guidelines of England & Wales are not law and should not be confused with the Sentencing Act 2026. First created in 2003 to ensure consistent/fair sentences; 'The Sentencing Guidelines for England and Wales' are a set of rules created by the Sentencing Council—an independent body that advises the criminal courts on not just the appropriate sentence for a specific crime, but also the method they should use when considering such. While not law, the courts must follow them unless it is against the interests of justice.
HOW DO THE SENTENCING GUIDELINES WORK?
Each guideline covers an offence (e.g., fraud, assault, burglary). It breaks down:
Culpability: How blameworthy the offender is. This is rated high, medium and low.
Harm: This is Impact on victims—physical, financial, emotional.
Starting Points and Ranges: Each criminal offence has 'a starting point' e.g. 3 years custody for high-harm fraud over £100k.
Aggravating/mitigating factors: organised crime ups it; remorse or repayment drops it.
Overarching principles: There’s a general guideline for basics—like considering offender background, mental health, or victim impact—plus specific ones for kids, companies, or domestic abuse.
No class carve-out: Nothing automatic for “poor vs. rich.” Background (e.g., deprivation, poverty) can be mitigating if linked to the crime, but it’s court's call.
HOW DO JUDGES ACTUALLY USE THE SENTENCING GUIDELINES?
The courts must follow the guidelines unless they give clear reasons such as when the offence merits custody despite low harm, or 'offender's vulnerability' e.g.
Shoplifting £50 worth of booze but you are already on probation for theft. In these circumstances the court will likely decided that this is not "low harm" but "repeat harm."
Assault on a pregnant women. This may be a shove or a slap but a court find that the risk is high.
COMMENT
This office will begin offering criminal defence services from 2027 onwards. Until then you should contact a practicing criminal defence solicitor a list of which can be found on the Law Society of England & Wales' web page. You can access this by clicking here.
