New legal changes reshape bail decisions and expand the use of electronic monitoring
Reforms to the bail framework in England and Wales have come into force following amendments introduced by the Sentencing Act 2026, aiming to reduce the number of defendants held on remand.
The changes, set out in Circular No. 2026/01 published on 19 March 2026, amend key provisions of the Bail Act 1976. The new framework takes effect from 22 March 2026 and provides updated guidance for courts, prosecutors, and criminal justice agencies.
A central reform is the revision of the long-standing “no real prospect” test used in bail decisions. Under the updated provisions, the test is reframed as a “no real prospect of immediate custody” threshold. This aligns with the introduction of a presumption to suspend custodial sentences of 12 months or less under the Sentencing Act 2026.
The change is intended to help courts better assess whether a defendant is likely to receive an immediate custodial sentence. Where such an outcome appears unlikely, the justification for remanding a defendant into custody is reduced. As a result, fewer exceptions to bail are expected to apply.
The revised test applies both to defendants awaiting trial and to those who have already been convicted but are awaiting sentencing.
A further amendment concerns the use of electronic monitoring. Previously, courts could only impose electronic monitoring where it was necessary to avoid remanding a defendant into custody. The new provisions remove this restriction.
Courts may now impose electronic monitoring where statutory conditions are met, even if remand in custody is not otherwise required. This includes cases where there is a real prospect of a suspended sentence and no real prospect of immediate imprisonment. The change expands the availability of monitoring as a bail condition.
In addition, the legislation introduces new statutory factors that courts must consider when deciding whether to grant bail. While courts have always been able to take a wide range of circumstances into account, the amendments formalise certain considerations within the Bail Act 1976.
These include whether the defendant is pregnant, whether they are a primary caregiver, and whether they have been a victim of domestic abuse. The inclusion of these factors in legislation is intended to ensure they are consistently considered where relevant.
The circular emphasises that the guidance is not legal advice but is designed to assist practitioners in understanding and applying the changes.
The reforms form part of a broader effort to manage prison capacity and reduce reliance on custodial remand, while maintaining judicial discretion in individual cases.