What is changing under the Sentencing Act 2026? And when?

In January 2026, the Sentencing Act received Royal Assent after swift passage through Parliament. This Act represents the culmination of government’s attempts to reduce the demand on the prison population and is based in part on the recommendations of the Independent Sentencing Review.

While there are some welcome changes, particularly around restricting the use of short custodial sentences, and reforms to the Bail Act, this legislation does not deal with sentence inflation, one of the primary drivers of capacity issues.

Changes to short, suspended and deferred sentences may reduce demand with less people receiving immediate custodial sentences, and a reduction in the volume of people serving short sentences. This flagship reform reducing the use of short sentences has now commenced – people who would have received a sentence of 12 months or less should now receive a suspended sentence

Concerns remain, however, around unintended consequences of aspects of this legislation, particularly regarding sentence progression, recall, and the upstream demand these reforms will place on probation services.

Summary of key changes

Key changes included in the legislation include a presumption to suspend custodial sentences of 12 months or less, and longer suspension eligibility periods (this is subject to judge’s discretion and there are some exceptions). The length of time that a sentence can be deferred for will also increase. The Act legislates for changes to the type and nature of community sentences, introducing tighter curfews, restriction bans, and more unpaid work.

The Act amends the ‘no real prospect’ test in the Bail Act 1976 so that fewer exceptions to bail apply where the court considers an immediate custodial sentence unlikely. It also includes a welcome list of factors that the court should take into account in its remand decision-making, namely where the defendant is pregnant, a primary caregiver, or a victim of domestic abuse.

Changes to recall include increasing the length of Fixed Term Recall to 56 days for people on Standard Determinate Sentences (SDS), in most cases replacing standard recall. The Prison Reform Trust’s guide provides further detail.

The Act also introduces a new sentence progression model for people on SDS sentences, comprising one-third in custody, one-third under intensive community supervision, and one-third on licence. People serving other sentence types (not SDS) are excluded. Progression and release at the third-way point will be conditional on good behaviour and conduct while in custody. This model will apply to people sentenced after this section of the Act begins.

The Act also introduces a new sentence progression model for people on SDS sentences, comprising one third in custody, one third under intensive community supervision, and one third on licence. Full operational details as to how this will work in practice are as yet unclear. We know that this model will apply to people sentenced after this section of the Act begins, and that people serving other sentence types (not SDS) will be excluded. For most individuals, release at the third-way point will be automatic, although the government claims that release at this point will be conditional on good behaviour and conduct while in custody. Poor behaviour could result in serving longer in custody, administered through the existing disciplinary sanction of additional days.

Under the additional days system, sentences can be extended by up to 42 days for each single incident of prison indiscipline. The MoJ has indicated that the maximum possible number of additional days may be doubled to 84. Our briefing Earned Regression highlights the flaws in this system and how it can lead to unfair outcomes. Moreover, we remain concerned that using this system as the cornerstone of an earned progression model will result in people spending longer in custody. There is also a possibility that an individual could receive so many additional days that they are ultimately released without supervision, a risk to their rehabilitation and to public safety.

The Act introduces changes relating to sentences of imprisonment for public protection (IPP). These include a reduction from three years to two years for licence termination and introduce the right to apply for a licence termination review for those who have had one continuous year on licence since their last annual termination review. These changes have not yet been implemented, and we do not at present know when they will take effect.

When will these changes begin?

Sections 25 (ensuring that release provisions for certain offences are aligned between the military and civilian justice systems) and 28 (ensuring that license provisions are similarly aligned) came into force at commencement.

The following sections came into force in March 2026:

• Section 1 – A presumption of suspended sentence order for sentences of 12 months or less (discretionary, with some exceptions).
• Section 2 – Custodial sentences of up to three years may be suspended (an increase from 2 years).
• Section 4 – A change to the Sentencing Code which acknowledges victims of crime.
• Section 5 – Increases the maximum period for which a sentence can be deferred from six months to 12 months.
• Sections 7 to 9 – Defines and widens the parameters of offences relating to terrorism and national security, making similar provisions in Scotland and Northern Ireland.
• Section 11 – Requires that a whole life order be given in cases involving the murder of probation officers (in addition to the murder of police or prison officers).
• Sections 19 and 20 – New requirements for the Sentencing Council to seek consent from the SSJ before the publication of their annual business plan, and prior to changes to sentencing guidelines.
• Sections 30, 31, 32 (1-3) and 33 – Changes to Fixed Term Recall. For those already in custody on recall, release dates will be staggered based on sentence length (for further detail on staggered dates, see: https://prisonreformtrust.org.uk/adviceguide/the-sentencing-act/).
• Section 40 – Removes prescriptive guidance around parole board administration and composition.
• Section 41 – Changes to release provision for repatriated prisoners.
• Section 43 – Changes to powers of the Secretary of State to refer Parole Board decisions to the High Court.
• Section 44 – Amendments to the Bail Act 1976.
• Section 45 – Changes to the deportation of foreign criminals.

We do not know when the rest of the changes will come into force, although the MoJ has indicated that some may begin in the autumn of 2026.

The following sections currently do not have a start date:

• Section 3 – Income reduction orders.
• Section 6 – Finding of domestic abuse.
• Sections 12 and 13 – Changes to Rehabilitative Activity Requirement (RAR) days.
• Sections 14 to 18, and 26 to 29 – New community order requirements and community requirements and other related changes.
• Section 21 – Measures to monitor prison capacity.
• Sections 23 to 26 – Changes to release.
• Sections 27 and 28 – Changes to licences.
• Section 29  – Changes to Secretary of State powers regarding recall.
• Section 34 – Changes to supervision after sentence.
• Section 42 – Changes to the termination of IPP licences.

Our activity

To ensure that these reforms have a positive impact, the Howard League will continue to monitor prison population and sentencing data to understand trends.

We will continue to work with government and civil service to ensure that reforms are fair, equitable, and alive to unintended consequences. We will continue to push for the adoption of the Independent Sentencing Review’s proposals on Extended Determinate Sentences.

We also continue to engage with our members and stakeholders with lived experience living and working in prisons, to understand how the Sentencing Act is impacting people in real time, and what lessons can be learnt in policy development.

Dr Helen Churcher
Senior Research and Policy Officer

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