The Sentencing Act 2026: Key Changes Explained

The Sentencing Act 2026 received Royal Assent in January 2026, and the changes came into effect on 22 March 2026.

Here are three questions that help demonstrate the impact these changes have had on the Courts.

1. I have been convicted of an offence – am I going to prison?

Someone is convicted of an offence when:

They plead guilty to a criminal offence; or
They are found guilty after trial.

Whilst there are several sentences that a Court can impose, most clients worry about being sent to prison.

Certain offences are so serious that the Court may have no option but to impose a prison sentence.

However, the Court can suspend a custodial sentence in certain situations. A “suspended sentence” would not result in an immediate term of imprisonment, but provided that the individual engaged with Probation and did not commit further offences, they would avoid going to prison. A lack of Probation compliance and/or the commission of new offences would result in that sentence being activated and the individual being sent to prison.

For any custodial sentence of up to three years, the Court has the power to suspend a sentence.

The biggest change brought in for custodial sentences of 12 months or less is that the Court must suspend the prison sentence unless one of the following circumstances applies:

The offender is already in prison.
The offence was committed during a previously imposed Community Order or Suspended Sentence, or the offender is being resentenced due to a breach of one of these sentences.
The offence was committed in breach of a Court Order (or is connected with a breach of a Court Order).
There is a significant risk of harm to an individual.
There are exceptional circumstances relating to the offence or the offender which justify not suspending the sentence.

2. If I am charged with an offence and taken to Court from the Police Station, will I go to prison until my case ends?

Previously, there was a presumption that bail would be granted unless there was a real prospect that the individual might receive a custodial sentence on conviction.

The Sentencing Act 2026 changed the rule for this presumption.

Now, there is a presumption in favour of bail unless there is a real prospect of immediate custody.

This presumption may not apply depending on the type of offence you have been charged with and/or your current circumstances.

3. Someone I know has been sent to prison – how long will they serve?

The Sentencing Act 2026 introduced changes to how long prisoners serve.

The point of release depends on the type of offence.

For offenders whose automatic release under the old law was at the halfway point or at 40% of their sentence, they will now be released after serving a third of their sentence.

For offenders serving a sentence for serious sexual or violent offences, the automatic release stage was always two-thirds of the sentence, but under the new law, they will now be released at the halfway point.

Upon release, the offender is managed in the community on licence by Probation. This involves engaging with Probation, and failure to do so or committing further offences could result in that individual being recalled/returned to prison.

Our team of solicitors can provide you with advice to ensure that you have all the options in front of you to prepare you for and represent you at Court. Please call us on 023 92 820747.

Criminal Defence