Sentencing Act 2026 key changes: A guide to UK sentencing law reform

What the Act is, and what stage it is at

The Sentencing Act 2026 is a statute, not a label for a policy programme. It received Royal Assent in January 2026 and makes substantive changes to sentencing, release, recall and licence arrangements in England and Wales.

It does not replace the Sentencing Code created by the Sentencing Act 2020. It operates within that framework, amending it and the Criminal Justice Act 2003 in specific respects. The chronology of how the two relate is set out in our guide to the history of sentencing law.

When the Act became law most of its provisions were not commenced. The Ministry of Justice indicated implementation would be phased over roughly two years, and commencement has proceeded through a series of statutory instruments, several of which have been amended since being made.

What came into force in March 2026

Four provisions commenced on 22 March 2026, and they apply to sentences imposed on or after that date rather than retrospectively.

Section 1 introduces a presumption that a sentence of 12 months or less will be suspended. The presumption is discretionary and subject to exceptions, so it structures the decision rather than removing it.

Section 2 raises the maximum custodial term that may be suspended from two years to three years. That is a substantial extension of the suspended sentence power and it changes what is realistically achievable in mitigation for sentences in the two to three year range.

Section 4 amends the Sentencing Code to acknowledge victims of crime.

Section 5 increases the maximum period for which a sentence may be deferred from six months to 12 months, which widens the scope for deferral where a defendant is engaging with rehabilitation or where circumstances may change.

The recall changes

Sections 30 to 33 and Schedule 4 came into force on 31 March 2026, amending the recall provisions of the Criminal Justice Act 2003.

The effect is that adults serving standard determinate sentences will serve 56 days in custody following recall, unless excluded, and at the end of that period will be re-released on licence except in exceptional circumstances. That replaces the previous position of 28 days for those serving 12 months or more and 14 days for shorter sentences.

The Act preserves the earlier recall model for those sentenced as children to a standard determinate sentence under section 250 of the Sentencing Code, or historically under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, where they are not also serving an adult determinate sentence.

The policy rationale is prison capacity. The government has indicated that the recall system contributes significantly to the prison population, with many recalls arising from relatively minor breaches rather than genuine risk to public safety.

The earned progression model

This is the largest structural change in the Act and the one still being rolled out.

The model divides a standard determinate sentence into thirds: one third in custody, one third under intensive community supervision, and one third on licence. Eligible prisoners who would previously have been released at the 40% or 50% point become eligible for release after serving one third.

Release at that point is conditional on good behaviour and conduct in custody, which is the “earned” element. The model is also intended to replace Home Detention Curfew, since the earlier release and more intensive supervision period cover the same ground.

Several limits matter:

• Standard determinate sentences only. Those serving extended determinate or life sentences are excluded.
• Not retrospective. It applies to people sentenced after the relevant commencement date. Those already serving under the existing regime continue on it unless a court varies the sentence.
• Offence exclusions. On 4 August 2026 the government announced exclusions for rape, serious child sex and other grooming offences, which amended the earlier commencement order.
• Phased by sentence length. The commencement regulations bring the provisions into force in monthly increments, applying to sentences in ascending order of length.

That last point is easy to miss and materially affects advice. Whether the model applies to a particular client depends not only on the sentencing date but on where their sentence length sits in the phased rollout.

Bail and electronic monitoring

The Act amends the Bail Act 1976 framework so that courts must consider electronic monitoring as an alternative before remanding a defendant in custody.

GOV.UK Circular No. 2026/01 directs courts accordingly. For defence practitioners the practical consequence is that a bail application can now be constructed around a specific electronic monitoring proposal as a positive alternative rather than as a fallback, and the court is required to consider it.

Preparing that proposal in advance, with a viable address and any supporting arrangements, is more effective than raising monitoring in argument without particulars.

New licence and community conditions

The Act adds to the range of conditions available, both as community order requirements and as licence conditions.

These include restriction zones, which confine a person to a defined area rather than excluding them from one, and prohibitions on driving, attending public events and entering drinking establishments.

Restriction zones are the notable addition because they invert the usual exclusion model. The practical questions they raise, about employment, family contact and access to services, are ones the defence should be addressing at the point conditions are proposed rather than afterwards.

What this means for practitioners

The Act rewards early and specific sentencing strategy, and it creates several traps for anyone working from a summary rather than the commencement position.

• Reassess cases in the two to three year range. Suspension is now available where it was not before, which changes what is worth arguing for.
• Build the suspended sentence case properly. The presumption for sentences of 12 months or less structures the decision, but proposals still need to be concrete and deliverable.
• Consider deferral. Twelve months is a meaningful period in which circumstances can change, and the extended power is in force now.
• Prepare electronic monitoring proposals for bail. The court must consider monitoring before custodial remand, so a specific proposal is a stronger position than a general submission.
• Be precise about release. Check commencement by sentence length, offence exclusions and the conduct condition before advising a client what they will serve.
• Explain recall clearly. Fixed term recall at 56 days with re-release except in exceptional circumstances is a different position from the one many clients will have been told about previously.

The wider context is capacity. Crown Court cases outstanding have roughly doubled since 2019 and the prison estate is under sustained pressure, which is the policy driver behind most of this Act. Our guides to court delays and Crown Court practice set that out.