The Sentencing Act 2026  introduced a major overhaul of the criminal justice system with reforms to bail, remand, and sentencing in England and Wales. The changes are designed to move towards rehabilitation and to reduce prison overcrowding by shifting lower-level offenders with short-term sentences from immediate custody to tougher community sentences. Prison will only be used for more serious offenders. Changes to custodial sentences and bail came into effect on March 22nd, 2026; other provisions will be phased in later.

Suspended sentences and Bail

If anyone is convicted and receives a custodial sentence of 12 months or less, there is now a legal presumption that it should be suspended. 

Courts now have the power to suspend custodial sentences for up to three years which is an increase on the current 2-year limit.

Courts can still impose immediate prison time in “exceptional” circumstances

• The offence constitutes breach of a court order 

• There is significant risk of harm to a particular individual 

• There are exceptional circumstances relating to the offence or the offender which 

justify not suspending the order.

When Bail is being considered by magistrates the test now is whether there is a real prospect of a custodial sentence rather than a suspended sentence.

 Since immediate custody will now be less likely for short sentences it follows that bail will be granted more frequently in these cases. Where Domestic Abuse is a factor, relevant conditions to bail can still be applied.

Exceptions to granting bail under the amended Bail Act:

• The offender is already in custody or detained under the Mental Health Act

• Resentencing for breach of a community order or suspended sentence

Circumstances that will be considered when deciding whether to grant bail to the defendant under the amended Bail Act include: 

• Pregnancy.

• Caring responsibilities 

• Being a victim of domestic abuse

Other relevant changes for Victims:

Restriction zones will be introduced later to protect victims, which geographically limit where an offender can go.

Domestic Abuse Findings – courts must now formally record in open court if an offence involves DA, ensuring better tracking and victim protection.

Electronic monitoring can be imposed where the court concludes that there is a real prospect of a suspended sentence and no real prospect of an immediate custodial sentence. It is no longer necessary for electronic monitoring to be an alternative to remanding someone in custody.