The Sentencing Act 2026 introduces some of the most significant reforms to suspended sentences in over a decade. With several provisions coming into force on 22 March 2026, these changes will have a considerable impact on defendants, legal professionals and the courts.
1. Courts can now suspend sentences of up to three years
One of the headline reforms is the expansion of the court’s power to suspend custodial terms.
From 22 March 2026, courts may suspend sentences up to three years, extending both the maximum custodial term and the potential operational period. Previously, only shorter custodial sentences (up to two years) could be suspended.
The operational period (the time during which the sentence can be activated) can also run for up to three years, although it may only exceed two years where the underlying custodial term also exceeds two years. For example, the Courts will soon be able to impose a sentence of three years custody, suspended for three years.
This greater flexibility offers the defence more scope to argue against immediate custody, especially where strong personal mitigation is present.
2. New presumption in favour of suspended sentences (12 months or less)
The Act introduces a statutory presumption that custodial sentences of 12 months or less should be suspended unless exceptional circumstances justify immediate imprisonment. We therefore expect to see more suspended sentences in the Magistrates’ Court. This new presumption is introduced under section 277A of the Sentencing Act 2020.
Important exceptions apply such as where offenders are already in custody, where consecutive sentences exceed 12 months, or where the case involves breaches of court orders or re‑sentencing situations.
What this means in practice
The reforms collectively signal a clear policy direction: more offenders will serve sentences in the community rather than in custody, particularly those convicted of lower‑level offences. This aligns with the government’s broader aims to relieve pressure on the prison estate and improve rehabilitation outcomes.
For defence lawyers, these changes create significant opportunities to make robust submissions in favour of suspended sentences, especially when supported by strong personal mitigation and structured community‑based proposals.
Get In Touch
Rachel Mason is a Solicitor in the Crime and Regulatory department. She provides legal advice for both Magistrates’ and Crown Courts cases, and is instructed on a variety of matters at all stages of criminal proceedings, including offences against the person, sexual offences and animal welfare offences. She represents clients in the police station and Magistrates’ court and is frequently instructed at the pre-charge stage of an investigation..
If you would like to speak with Rachel or another member of our Crime and Regulatory team about the above subject, please call 0330 111 3131 or complete our online contact form.
