Sentencing after the Sentencing Act 2026

Sentencing Principles

Presumption of Suspended Sentences for sentences under 12 months

[Comes into force 22 March 2026]

The SA2026 represents a welcome move towards widening the breadth of sentences that can be served in the community. There will now be a presumption that sentences under 12 months will be suspended [s.1 SA2026]. The provision requires the court to suspend a sentence of under 12 months unless the court is of the opinion that there are exceptional circumstances which—

(a)  relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and

(b)  justify not making the order.

There are some exceptions to the general presumption, including but not limited to:

  1. Defendants already in custody,
  2. Defendants detained pursuant to s.37 MHA1983

Increase in Maximum Term of Suspended Sentences

[Comes into force 22 March 2026]

The maximum term of imprisonment that can be suspended will increase from two years to three years. Importantly, this change only applies to those convicted after s.2 SA2026 comes into force. So if you are trying to identify a date to list for a guilty plea where the sentence is anticipated to be between 2-3 years, you may well be better off opting for a date post commencement of this section.

Deferred Sentences

[Comes into force 22 March 2026]

The ability to defer a sentence has previously been capped at a 6-month period. This has been extended to 12months [s.5 SA2026], in order to give sentencing judges the opportunity to require a defendant to demonstrate progress and rehabilitation over a longer period of time.

Release Dates

[Comes into force on a date to be confirmed but anticipated to be Autumn 2026]

Trying to keep track of changes to release dates is almost a full-time job in and of itself. When advising on sentence, naturally the first thing a client wants to know is ‘how long will I actually spend behind the door’. It is little wonder that most judges in sentencing will now refer to defendants having to serve ‘up to 50%’ because remembering exactly which offences are excluded from the SDS40 can be a minefield.

The position will be even further complicated for defendants with the introduction of the new Sentencing Act 2026, which received Royal Assent on 22nd January 2026, with the introduction of the new ‘earned progression’ release dates, which mean that those currently subject to SDS40 and SDS50 could be eligible for release having served as little as one third of the sentence.

When it comes into force, the new scheme will link behaviour with early release.

The progression model will be predicated upon an absence of bad behaviour as opposed to incentivised good behaviour for those serving standard determinate sentences. It will be a three-stage model:

  1. The first third will be spent in custody;
  2. The second third – the intensive supervision period – will be spent under supervision in the community with additional restrictive measures. Intensive supervision will be tailored to risk and the type of offence;
  3. In the final third, everyone on probation will remain on license and be at risk of recall if in breach of license conditions. There will be an end to active supervision by probation in this final third, apart from those considered to be the highest risk.

Also of note, those sentenced to standard determinate sentences for specified violent or sexual offences who would, under the current provisions, serve 2/3rds of the sentence before automatic release, will be released instead at the halfway point when the new amendments come into force at some point later this year.

Current Provisions until commencement of SA2026

Meanwhile, and until the new provisions come into force, here is a quick reminder of the current release provisions.

SDS40

Most standard determinate sentences [SDS] the automatic release point is at the 40% point. Certain sexual, domestic, national security and violent offences are specifically excluded from SDS40 provisions. These exclusions are set out in the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 and include:

  1. Most sexual offences (including images offences),
  2. Domestic abuse offences (for example but not limited to: controlling & coercive behaviour, breach of non-molestation/restraining order, stalking, strangulation) – NB. there is a now a requirement under s.6 SA2026 that if a court is passing sentence and is of the view that the offence ‘involved domestic abuse’, the judge must state this fact in open court.
  3. Sentences of over 4 years for offences of violence as listed in part 1 of schedule 15 CJA 2003 [for example but not limited to: s.18, 20 and 47 OAPA, false imprisonment, kidnapping].

Inchoate offences of the above are also excluded.

Release at two-thirds

For the moment, standard determinate sentences of over 4 years for offences including manslaughter, soliciting murder, s.18 OAPA or inchoate offences in relation to murder or an offence listed in Pt 2 of Sch.15 with a maximum sentence of life imprisonment: (s.244ZA of the CJA 2003) will trigger automatic release at the two thirds point.

Similarly, defendants sentenced to 7 years or more for specified violent or sexual offences in Pt1 or Pt2 of Sch. 15 CJA 2003 [with a maximum of life imprisonment], will also be  released at the two thirds point.

In terms of time behind the door it is useful to remember that the Home Detention Curfew Regime is no longer capped at sentences of 4 years or under and the maximum period of HDC was extended in June 2025 to 365 days before the date a prisoner would otherwise be released.