The Sentencing Act 2026, which received Royal Assent on 22 January 2026, introduces some of the most significant reforms to sentencing practice in over a decade. Several key provisions come into force on 22 March 2026, affecting anyone convicted on or after that date.
If you are currently facing criminal proceedings, or supporting someone who is, it is essential to understand how these changes may impact the sentencing outcome.
At JS Miller Solicitors, we specialise in defending complex criminal and motoring law cases. Below is our clear breakdown of the most important reforms.
A New Presumption in Favour of Suspended Sentences
For offences sentenced to 12 months’ custody or less, courts will now be required to impose a suspended sentence order, unless there are exceptional circumstances justifying immediate imprisonment.
A suspended prison sentence is a type of sentence where the court imposes a term of imprisonment, but delays (or “suspends”) it for a set period of time, known as the operational period. We refer to it as a “last chance” to avoid actually going to prison as if there is any further offending during the operational period, this will likely trigger or activate the sentence, meaning they may have to serve some or all of the original prison term.
If the person stays out of trouble and follows all requirements during that time, they do not go to prison. This new presumption to impose a suspended sentence order applies to:
- Adults aged 18–20 (new Section 264A of the Sentencing Code)
- Adults aged 21 and over (new Section 277A)
Key points:
- Applies only to offenders convicted on or after 22 March 2026.
- Applies where the custodial term is 12 months or less and a suspended sentence is legally available.
- The court must suspend the sentence unless exceptional circumstances relating to the offence or the offender justify immediate custody.
Important exceptions
The presumption does not apply where the offence is connected to:
- Breaching a court order (e.g., restraining orders, stalking protection orders)
- Offending committed while already subject to a supervision order
- Situations where suspending the sentence would place an individual at significant risk of harm (e.g., domestic abuse contexts)
This means that, for most low-level offences, immediate prison sentences will now be far rarer.
Longer Sentences Can Now Be Suspended
Until this change, the maximum custodial term that could be suspended was two years.
From 22 March 2026, courts will be able to suspend custodial sentences of up to three years.
This creates greater flexibility for judges and provides more opportunities for rehabilitation in the community.
However:
- The supervision period remains capped at two years.
- Serious sentences such as Extended Determinate Sentences or those for “Offenders of Particular Concern” cannot be suspended.
This shift aligns with Ministry of Justice research showing that community-based sentences reduce reoffending more effectively than short prison terms.
What These Changes Mean in Practice
It is no secret that there has been a long-standing problem with prison overcrowding with serious offenders being released from prison early as one of the many initiatives designed to reduce the number of those serving time at His Majesty’s Pleasure. This change to suspended sentences is undoubtedly linked to this issue.
Fewer Immediate Custody Sentences
The government estimates these reforms will reduce the prison population by around 3,000 places, meaning far fewer defendants receiving short terms of imprisonment.
Greater Focus on Rehabilitation
By requiring courts to suspend most short sentences, the system will increasingly favour:
- Community orders
- Probation-led intervention
- Tailored requirements such as alcohol treatment, unpaid work, curfews or exclusion zones
More Predictable Outcomes for Defendants
Clients often face significant uncertainty about whether custody is likely. From March 2026, that uncertainty reduces for those charged with low-level crimes including all offences sentenced in the Magistrates’ Court where sentencing powers are much lower and below the 12 month threshold where a suspended sentence will apply unless exceptions apply.
At J S Miller Solicitors, we can now make stronger arguments for avoiding imprisonment, even in cases where custody might previously have been expected.
Who Will Not Benefit from the New Presumption?
The presumption does not apply where:
- The offending involved a breach of a court order (e.g., breach of a restraining order)
- The defendant committed the offence while subject to supervision
- Suspending the sentence poses a significant risk to any individual, particularly in domestic abuse situations
- The sentence imposed is over 12 months
- The sentence falls under categories explicitly excluded in the Act, such as certain terrorism or national security offences
If you are unsure whether your case is eligible, we can advise you immediately.
Timing
If your trial or guilty plea is likely to conclude on or after 22 March 2026, these new provisions may apply to you.
In some cases, it may even be strategically beneficial to ensure conviction occurs after this date in order to benefit from the presumption of suspension.
We regularly advise on case strategy in light of legislative changes.
What a Suspended Sentence Really Means
- The judge decides that the offence is serious enough for custody in principle,
but
chooses not to send the person to prison immediately. - The prison sentence is imposed but held back for a defined period (up until now, usually between 12–24 months).
- If the person complies with all court‑ordered requirements, the prison term never takes effect.
The Operational Period
This is the length of time the sentence is “hanging over” the person.
During this period, they must not commit further offences and must comply with any requirements the court imposes.
Typical Requirements
A suspended sentence almost always comes with conditions (often called requirements). These can include:
- Unpaid work (e.g., 100–300 hours)
- Curfew / electronic tagging
- Rehabilitation or probation appointments
- Programmes (e.g., alcohol awareness, anger management)
- Exclusion zones
- Driving prohibition requirements (under new 2026 reforms)
Failure to comply can result in the sentence being activated.
What Triggers the Sentence Being Activated?
A court may order the person to serve the original prison term if they:
- Commit another offence during the operational period
- Breach a requirement (e.g., fail to attend unpaid work)
- Ignore instructions from probation
- Show poor compliance or behaviour
Sometimes the court may:
- Activate the full sentence
- Activate part of it
- Extend the operational period
- Impose more requirements
But breaching a suspended sentence is very serious, and activation is the usual outcome.
Why Courts Use Suspended Sentences
Courts often suspend sentences because:
- The offender has a realistic prospect of rehabilitation
- Immediate custody would be harmful but punishment is still needed
- The offence crosses the custody threshold, but just barely
- The court wants to give a final chance to stay out of prison
- Practical factors (e.g., caring responsibilities, work stability)
Expert Defence Support
J S Miller Solicitors is recognised nationally for its excellence in motoring and criminal defence work. These changes give defendants more opportunities to remain in the community and avoid the damaging impact of short-term imprisonment.
If you are facing charges and want to understand how the new Sentencing Act 2026 may affect your case, contact us today for expert guidance.
