The Sentencing Act 2026, which received Royal Assent on 22 January 2026, introduces significant changes to sentencing practice. The first wave of reforms took effect from 22 March 2026, with further reforms expected to be phased in later in the year. The Act follows the Independent Sentencing Review led by former Justice Secretary David Gauke, which called for a review of how sentences are imposed, enforced and supervised.
The Act introduces significant changes to the sentencing regime in England & Wales, which will inevitably have implications for local authorities. The Act aims to modernise how offenders are sentenced, managed after sentencing and how the courts balance community safety with rehabilitation and reducing offending, and relieving pressure on prisons.
The reforms will affect local authorities in a number of ways including the management of community safety measures, the allocation of resources for crime prevention and community justice initiatives. Local Authorities will need to adapt to these changes by updating their policies, training staff and implementing new procedures to ensure compliance with the Act's requirements. In addition, Local Authorities should take this opportunity to review their Enforcement Policy to ensure it reflects these changes.
This article explores two of the key changes of the Act.
1. Presumption to Suspend Sentences (Section 1)
A major reform brought by the Act is the new legal presumption that custodial sentences of 12-months or less must be suspended. The presumption applies through the insertion of section 277A into the Sentencing Act 2020, requiring the Court to treat suspension as the default for custodial terms at or below one-year. There are several exceptions to this where the presumption will not apply. These include, for example, where:
- The offender is currently serving a custodial sentence or held on remand.
- The aggregate term of consecutive sentences exceeds 12-months.
- Suspending the sentence would pose a significant risk of harm to a specific individual.
The Court therefore retains discretion to impose immediate custody in circumstances falling within the statutory exceptions. For those prosecuting or defending summary only offences or offences that attract sentences of less than 12 months, this will have a significant impact upon sentencing and the ability to remand into custody.
2. Extension of Suspended Sentence Length to Three Years (Section 2)
For convictions post 22 March 2026, the Court can now suspend custodial terms of up to three years, an increase from the previous two-year limit. The operational period, during which the sentence can be activated, is also extended up to three years, provided the custodial term itself exceeds two years.
This change broadens the scope for suspended sentences in cases, particularly where there are strong mitigating factors. Breach of any imposed conditions or commission of further offences during the operational period may still activate the full custodial term. Once again, this will have a significant impact on those who prosecute offences that often attract sentences of less than 3 years custody and is likely to result in far fewer custodial sentences, especially for those that do not present a risk of serious re-offending.
For advice on how the Sentencing Act 2026 affects local authority prosecutions and enforcement decisions, please contact our regulatory team.
