Sweeping changes to sentencing for criminal offenders

From 22 March 2026 individuals convicted of criminal offences have been facing very different sentencing outcomes. 

The Sentencing Act 2026 has come into force and contains some of the most widespread and extreme reforms to sentencing in decades.  As part of the package of amendments to current practice is a change to the length of sentence that can be suspended. Prior to this Act coming into force, the maximum length of sentence which could be suspended was 24 months. As a result of the legislation, this has extended to 36 months. 

As well as this extension, a presumption has come into force that any sentence of imprisonment 12 months or less, will be suspended. This is not absolute and there are several caveats, including: if the individual has breached an order of the court, if they have been remanded in custody in connection with another offence, or if there are exceptional circumstances relating to the offence which would justify imprisonment for less than 12 months.

What is an exceptional circumstance is not defined by the legislation and is instead left to the discretion of the sentencing court. 

Aside from practical changes to lengths of sentence, there have been sweeping changes to the aims of sentencing, with a renewed focus on rehabilitation of offenders and the input of probation services. 

These amendments already have, and will continue to have, the effect of reducing the number of individuals serving prison sentences, allowing the courts greater discretion when sentencing serious violent or sexual offenders. 

If you have any questions about the topics raised above, please feel free to contact the Crime team at Stone King.