Sentencing Reform 2026: What the new changes mean for courts, victims and offenders

Significant reforms to sentencing in England and Wales are about to take effect on 22 March 2026 with the implementation of the Sentencing Act 2026, which in theory will re-shape the sentencing approach to short custodial sentences, suspended sentence orders, and deferred sentencing, with the aim to reduce unnecessary imprisonment, support rehabilitation, and strengthen the protection of victims.

The Independent Sentencing Review (ISR) published in 2025 concluded that short custodial sentences (12 months or less) often fail to rehabilitate offenders and do little to prevent reoffending. They also come with high financial and social costs. Ministry of Justice analysis indicates that community orders and suspended sentences are more effective than short spells in custody for reducing reoffending.

Accordingly, section 1 of the Sentencing Act 2026 inserts new provisions, sections 264A and 277A of the Sentencing Act 2020 which create a presumption applicable to all convictions after 22 March 2026 that:

“Where an offender receives a custodial sentence of 12 months or less, the court must impose a suspended sentence order (SSO) unless exceptional circumstances relating to the offence or the combination of the offence and one or more offences associated with it or the offender, justify an immediate custodial term.”

The act details exemptions to the presumption namely where:

The offence involves breaching a court order, including restraining orders and stalking protection orders.
The offender committed the offence while already subject to a supervision order (e.g., an existing SSO).

Imposing a suspended sentence would place an individual at significant risk of harm (both physical and psychological) for example in domestic abuse cases and cases of violence against women and girls.

Section 2 of the Act provides for wider judicial flexibility by allowing custodial sentences of up to three years to be suspended, with an operational period of up to three years.

The period of probation supervision, however, remains capped at two years.

Further, it is noteworthy that some sentences cannot be suspended under any circumstances, namely Extended Determinate Sentences (EDS) and Sentences for Offenders of Particular Concern (SOPC), aimed at ensuring that the most dangerous offenders continue to serve custodial terms.

The ISRA recommended the importance of protecting victims be emphasised by amending the statutory purpose of sentencing to specifically recognise the needs of victims as well as wider society by recognising that sentences be transparent and that the system operate to protect victims by reducing crime and reoffending.

With this in mind, Section 4 of the Act amends section 57 of the Sentencing Act 2020 by explicitly referencing victim protection as a purpose of sentencing to ensure that protection of victims when determining the appropriate sentence.

The final major change is found in section 5 of the 2026 Act, which extends the maximum deferral period for sentencing from 6 months to 12 months.

It is believed that deferred sentencing can be a powerful tool for low‑risk offenders who are at a turning point in life. The extension allows courts to better support individuals experiencing “transitional life circumstances,” such as pregnancy, serious illness, caring responsibilities, and treatment for addiction.

Additionally, it is understood that the Sentencing Council is expected to publish further guidance on when deferment is appropriate and what conditions may be imposed.

Comment

The Sentencing Act 2026 represents a significant evolution in how the Criminal Justice System in England and Wales approaches criminal sentencing by prioritising rehabilitation, proportionality, and victim protection. While its real‑world impact will become clearer in practice, the direction of travel is unmistakable: fewer unnecessary short prison sentences, more structured community‑based interventions, and a justice system that places at the heart of sentencing the safety and needs of victims.

Further, the reforms to suspended sentence orders are evidently designed to reduce the prison population, theoretically reducing overcrowding and importantly reducing the ever-increasing costs of incarceration on the prison estate thereby freeing up capacity and enabling the Probation Service to better support rehabilitation.