A New Era for Justice in England & Wales: The Sentencing Act 2026

Published on 13/02/2026

The Sentencing Act 2026 received Royal Assent on 22 January 2026. The Act introduces major changes to how offenders are sentenced, how long they spend in custody, and how they are managed in the community.

The Act will be implemented in phases over the next two years; however, the notable changes include:

  • Reformed Sentence Progression and Release – In the past, prisoners serving standard determinate sentences were released automatically at 50%. The Act modifies this structure by introducing an ‘earned progression model’, which means that prisoners will now be released dependent on their behaviour. In other words, poor behaviour can delay a prisoner’s release. The new minimum point at which a prisoner can earn release is 33%.
  • Suspension of Short Custodial Sentences – The Act implements a presumption in favour of suspending short custodial sentences (i.e., 12 months or less). Short custodial sentences are often counterproductive and instead of immediate imprisonment, a suspended custodial sentence will be paired with community conditions. This change will hold offenders to enforceable standards while reducing short-term prison stays.
  • Enhanced Community Punishments – The Act provides the judiciary with the power to impose more stringent community punishments, including: (1) restriction zones that conIine an offender to certain areas; (2) banning offenders from pubs, concerts, and sporting events; and (3) Financial penalties that require offenders to pay for their crimes. This change allows sentences to be individually tailored to an offender’s risks and rehabilitation needs.
  • Judicial Finding of Domestic Abuse at Sentencing – The Act mandates that the court must formally record when an offence involves domestic abuse. This will allow criminal justice agencies to better track offending and provide further protection for victims..

As with any new legislation, there are both supporters and critics. Supporters of the Act argue that the measures introduced are more effective at reducing reoffending, reinforcing community supervision, enhancing protection of victims, and alleviating pressure on a prison system that is in crisis.

The critics argue that the increased number of community sentences and enhanced supervision will overwhelm a probation service that is already on its knees. However, the government has committed to a £700 million investment into the probation service over the next three years. Critics also argue that the suspension of short custodial sentences might affect public safety.

The Sentencing Act 2026 marks a significant change in the criminal justice system of England and Wales. For decades, the emphasis was on custodial sentences. The system is now evolving towards a blend of structured community supervision, punishment based on risk, and incentives for rehabilitation.

Katherine Toth
Pupil Barrister – 12CP