The Sentencing Act 2026 – Key Things to Know. By Helen Easterbrook.

Helen Easterbrook considers the Sentencing Act 2026.

On 22 Jan 26 the Sentencing Act 2026 received Royal Assent and started the implementation of a series of amendments to the Sentencing Code. Although most of the new provisions will require secondary legislation to bring them into force, Criminal practitioners need to be aware of the following

In force now

s.25 – Release on licence of certain violent or sexual offenders: service offences

Aligns the release provisions of those convicted of certain offences under s.42 Armed Forces Act 2006 (and the corresponding previous legislation) with those of prisoners convicted in the civilian justice system and subject to s.244ZA of the Criminal Justice Act 2003

s.28 – Licence conditions: offenders sentenced under repealed armed forces legislation

In a similar way, s.28 amends s.62, 62A, 64 and 64A of the Criminal Justice and Court Services Act 2000 to apply the same licence provisions to those being, or who have been sentenced under the Armed Forces Act 2006 and previous Service-specific legislation.

In force on 22 Mar 26

s.1 – Presumption of suspended sentence order for sentences of 12 months or less

Two near identical sections are being added to the Sentencing Code to deal with those who are over 18 but under 21 at the day of conviction (s. 264A), and those who are over 21 (s.277A). In broad terms, both sections provide a presumption in favour of custodial sentences being suspended when the term (or aggregate of the terms being passed) is 12 months or less but there are a large number of caveats to this as set out in this flow chart.

s.2 – Custodial sentences that may be suspended

This section brings in two substantive changes:

1. It substitutes the words “the maximum period” for “2 years” in s.264 (offenders under 21), s.277 (offenders over 21), and s.288 (operational period and supervision period) of the Sentencing Code i.e. increases the maximum sentence that can be suspended.
2. It then defines for each of those sections that the ‘maximum period’ for those convicted on or after 22 Mar 26 will be 3 years rather than the 2 years which will apply to those convicted before this date i.e. defines the new maximum sentence that can be suspended as one of 3 years.

It is worth noting though that s.288 (operational period and supervision period) retains the 2-year maximum for the operational period if the suspended sentence (or aggregate of consecutive terms) is 2 years or less.

s.4 – Purposes of sentencing

This creates a slight alteration to the wording of s.57 of the Sentencing Code (and s.237 of the Armed Forces Act 2006) to add in the words “including victims of crime” to the phrase “The court must have regard to the following purposes of sentencing… the protection of the public [including victims of crime]”.

s.5 – Date to which passing of sentence may be deferred

For sentences in relation to convictions after 22 Mar 26, the maximum period for which they can be deferred becomes 12 months rather than 6 months.

s.7-9 – Offenders of particular concern

These s.7 covers a number of changes:

1. It defines and inserts Part 3 into Schedule 13 of the Sentencing Code, defining offences involving or connected with a threat to national security.
2. It increases the number of ‘terrorism’ offences for which a sentence of detention must be imposed on youth offenders to include those listed at Part 3 of Schedule 13 (offences involving or connected with a threat to national security).
3. It widens the number of offences to which the provisions of s.265 and s.278 (special custodial sentences for certain offenders of particular concern) apply, again to cover those listed in Part 3 of Schedule 13.

Sections 8 and 9 make similar provisions for offences committed in Scotland and Northern Ireland.

s.11 – Whole life order: murder of police, prison or probation officer

This adds the murder of a ‘provider of probation services in the course of his or her duty’ as well as the murder of a police officer, prison officer or provider of probation services where the offence was motivated wholly or partially by something done by the victim in the course of their duty, to the list of offences in Schedule 21 of the Sentencing Code, for which the starting point is a whole life order.

s.41 – Repatriated prisoners

This section amends the release provisions as they apply to repatriated prisoners serving fixed-term sentences for murder.

s.43 – Powers of High Court on referral (re sentences of imprisonment or detention for public protection)

This section adds in and amends a number of provisions regarding how the High Court deals with referrals of release decisions in relation to prisoners serving life sentences.

Schedule 1 Presumption of suspended sentence order: consequential provision

As with almost all amending legislation, the changes made in the main body of the text require a raft of amendments to be made to legislation that references the Sentencing Code. These amendments, in so far as they relate to the presumption in favour of suspended sentences set out at s.1, as set out in this schedule.

Although the following sections also come into effect on 22 Mar 26 no further commentary is provided here as they relate to matters outside the general practice of Criminal practitioners working in England and Wales:

s.19-20 – Sentencing Council for England and Wales
s.40 – Rules about the proceedings of the Parole Board
Schedule 2 Sentence with fixed licence period in Scotland or Northern Ireland: consequential provision

About the author

Helen Easterbrook was called to the bar in 2011. She is ranked as ‘Leading Junior’ Tier 2 Crime in Legal 500 2026. Helen is routinely instructed in cases involving serious violence, substantial frauds and sensitive sexual assaults including rape.