The Sentencing Act 2026 marks the next stage in the ongoing reform of sentencing law in England and Wales. Building on the Sentencing Code introduced in 2020, the changes focus on consistency, public protection, victims’ rights, and easing long-term pressure on the prison system, while preserving judicial discretion in serious cases.
This article provides a clear Sentencing Act 2026 summary, explaining what is changing, how sentencing law is evolving in 2026, and what the reforms mean in practice for solicitors and criminal practitioners.
The term “Sentencing Act 2026” is commonly used to describe a package of anticipated sentencing reforms expected to take effect around 2026, building on the Sentencing Code and recent government policy proposals.
Sentencing Act 2026 explained: what’s changing?
Rather than replacing the existing Sentencing Code, the Sentencing Act 2026 introduces targeted reforms that refine how sentences are imposed, supervised, and reviewed. These changes form part of wider criminal justice reform expected to shape sentencing practice in the coming years.
The key aims of the reforms include:
- Reducing reliance on short custodial sentences, while preserving custody where offence seriousness or public risk makes imprisonment necessary.
- Strengthening the use of community sentences and supervision
- Improving transparency in sentencing decisions
- Enhancing victims’ rights within the sentencing process
Together, these measures make up the core Sentencing Act 2026 law changes.
Sentencing Act 2026 vs the Sentencing Code
One of the most common questions is how the Sentencing Act 2026 differs from the Sentencing Code.
The Sentencing Code consolidated sentencing legislation into a single framework, making the law easier to apply and navigate. The 2026 reforms do not dismantle that structure. Instead, they operate within it, adding new statutory emphasis and guidance on areas such as community punishment, suspended sentences, supervision, and release. These developments reflect recent sentencing guidelines and statutory changes, as seen in practical case outcomes analysed on Solicitor News.
Courts will continue to apply the Code alongside guidelines issued by the Sentencing Council for England and Wales, which remains central to consistent sentencing practice.
What offences are affected by the Sentencing Act 2026?
The Sentencing Act 2026 applies broadly across criminal offences, but its impact is most pronounced in cases close to the custody threshold.
In practice, the reforms are likely to affect:
- Non-violent offences
- Repeat low-level offending
- Certain driving offences where custody has historically been imposed
- Cases involving suspended sentences or community penalties
When asking what offences are affected by the Sentencing Act 2026, the answer usually depends less on the offence itself and more on how the sentence is assessed and structured.
Community sentences, probation and public protection
A central feature of the Sentencing Act 2026 reforms is the expansion and strengthening of community sentences.
Courts are encouraged to make greater use of:
- Intensive probation requirements
- Electronic monitoring, tagging and curfews
- Restriction zones
- Suspended sentences with enforceable conditions
This approach reflects long-standing evidence that short custodial sentences are ineffective. Ministry of Justice proven reoffending statistics show that offenders sentenced to less than 12 months’ imprisonment have a proven reoffending rate of over 55%, significantly higher than for many community-based disposals.This evidence has been a key driver of sentencing policy in recent years, as reflected in official Ministry of Justice reoffending data.
Public protection remains a core sentencing purpose, but the reforms seek to manage risk through structured supervision rather than default imprisonment.
Driving offences and driving prohibition requirements
The Sentencing Act 2026 does not introduce new driving offences. However, it does influence how sentencing powers are exercised in driving cases.
Courts are expected to apply clearer guidance on:
- Driving prohibition requirements
- Community sentences linked to driving behaviour
- Electronic monitoring and curfews
This is particularly relevant in repeat driving offences where custody has previously been imposed without addressing the underlying conduct.
Victims’ rights and sentencing transparency
The Sentencing Act 2026 victims’ rights provisions place greater emphasis on clarity, access to information, and transparency, while maintaining proportionality in sentencing.
Key developments include:
- Clearer consideration of victim impact at sentencing
- Improved access to sentencing information
- Greater availability of sentencing remarks and transcripts
The wider use of sentencing transcripts supports public confidence and assists practitioners in understanding how sentencing decisions are reached.
Prison release, parole and supervision changes
The Sentencing Act 2026 prison release and parole changes aim to improve post-release compliance while reducing unnecessary recall to custody.
The reforms focus on:
- Strengthened supervision in the community
- More targeted recall for higher-risk offenders
- Clearer release and supervision rules
These measures are driven in part by sustained pressure on the prison estate. The prison population in England and Wales has remained above 87,000, making the Sentencing Act 2026’s impact on the prison system a central policy concern.
UK Sentencing Law in 2026: What this means for practitioners
For solicitors and advocates, UK sentencing law in 2026 reinforces the importance of an early and structured sentencing strategy.
In practice, this means:
- Earlier advice on likely sentencing outcomes
- Stronger engagement with pre-sentence reports
- Clear, evidence-based proposals for community sentences and suspended sentences
For further insight into how sentencing principles are applied in practice, readers can explore our wider analysis of sentencing decisions and guideline-based outcomes across England and Wales.