Sentencing Act 2026: Everything You Need to Know About the New UK Sentencing Reforms

A New Era in Sentencing Law

The Sentencing Act 2026 represents the most substantial update to sentencing legislation in England and Wales in years. The new Act received Royal Assent on 22 January 2026, which made the Act law, however only basic provisions came into force immediately whilst others will be staggered over the next few weeks and months.  We can see what is to come from the Act itself and the new law reflects government commitments to tough but effective justice — emphasising punishment where necessary, rehabilitation where possible, and enhanced public protection.

This comprehensive reform modernises how offenders are sentenced, how they are managed after sentencing, and how the courts balance the need for community safety with rehabilitation and reducing reoffending - issues routinely advised on by experienced criminal defence solicitors.

In this article we break down the key provisions of the Sentencing Act 2026, real life application and the impact for both the justice system and the wider public.

What is the Sentencing Act 2026?

The Sentencing Act 2026 is a major update to sentencing law in England and Wales. It changes how courts sentence offenders including deciding whether a prison sentence is necessary and proportionate, the increased use of community sentences and post sentence supervision and management. 

The Act reflects a shift in approach from reliance on short immediate prison sentences to looking more closely at risk, rehabilitation and long-term outcomes.  That does not mean a prison sentence is off the table, but it does mean a broader range of options are to be considered. But don’t be fooled into thinking that will be a ‘softer’ sentence.  In many cases, the opposite might be true with some community-based penalties being more restrictive, longer and more closely monitored.

The backlogs, oppressive delays and the prison population crisis in the criminal justice system in England and Wales have been widely reported.  Some prisoners have been released early in error; others are not receiving post sentence supervision and the Probation Service struggling to cope.  The Sentencing Act 2026 was designed to address these systemic pressures while strengthening public safety and confidence, something which is wearing thin these days.

What are the main changes?

The new Act focuses on how people are sentenced, how those sentences are managed and what happens after.  In broad terms, the main changes are as follows:

• Sentencing options: changes to how courts use custody, suspended sentences and community sentences, particularly for lower-level offences.

• Community sentence requirements: expanded use of curfews, exclusion or restriction zones, tagging, behaviour requirements and rehabilitation conditions.

• Electronic monitoring: wider use of tagging to enforce curfews, location restrictions and licence conditions.

• Release from prison: new rules on how and when people are released, with greater emphasis on risk and behaviour.

• Licence and post-sentence supervision: stronger and more detailed licence conditions after release, with closer supervision in the community.  Breaches will also be treated more seriously.

• Serious offending provisions: clearer sentencing starting points for the most serious offences, including whole life orders in specific cases.

• Victims’ rights and transparency: measures to improve access to information, including the ability for victims to request sentencing transcripts.

• Oversight and reporting: new reporting obligations, including transparency around prison capacity and the state of the prison estate with the requirement for an annual prison capacity report.

Has the Act reduced the risk of a prison sentence?

The key change is to the court’s approach to short prison sentences for lower-level offences.  These sentences have long been criticised for failing to reduce reoffending as well as the often catastrophic impact on employment, housing and family life without the benefit of delivering long term public protection.  This means that for lower-level offending, practical considerations the court must address include:

• Is custody truly necessary?

• Can risk be managed safely in the community?

• Are there structured alternatives that protect the public?

Where the answer is yes, the court may impose a community based sentenced instead of short periods of immediate custody.

Can a sentence be appealed under the new law?

When passing sentence, Judges will need to ensure that they have considered the above considerations and be able to justify why:

·       Community options were insufficient

·       Why the risk could not be managed in the community

·       Why public protection required a custodial sentence

If Judges do not adequately address these considerations, the sentence may be vulnerable to challenge through an appeal against sentence. 

Will tagging be used more often?

In short, yes it seems that way. The Act suggests an expansion of electronic monitoring through tagging to be imposed through community sentences, suspended sentenced as well as after release from prison. 

When do the changes come into effect?

 

The simple answer is, as at the date of this article, there are no immediate changes to how courts are currently passing sentence.  Different sections of the Act will be introduced gradually and in stages to allow the courts, prisons and probation services time to adapt. 

Does the Sentencing Act 2026 apply to offences committed before January 2026?

Whether the Act applies depends on the specific provision, the date of sentence and transitional rules.  Not all changes apply retrospectively and some will only apply once they come into effect. 

Does the Act affect sentencing in the Magistrates’ Court as well as the Crown Court?

Yes. The Sentencing Act 2026 applies across England and Wales and affects sentencing powers in both the Magistrates’ Courts and Crown Court. 

Why have these changes been brought in?

The Sentencing Act 2026 is designed to balance punishment, supervision, rehabilitation and public safety in a justice system that is trying to modernise by prioritising proportionate punishment.  It will seek to utilise technology to expand the use of electronic monitoring and enable courts and probation services to manage offenders throughout their sentence journey.

Conclusion: What the Sentencing Act 2026 Means in Practice

The Sentencing Act 2026 represents a significant shift in how courts in England and Wales will approach punishment, risk and rehabilitation. While it does not remove prison from the sentencing framework, it changes how and when custody is used, particularly for lower-level offending.

Sentencing decisions are now more closely tied to risk assessment, structured alternatives and post-sentence management. Community-based sentences are likely to be used more often, but they are also more demanding and more closely monitored. Release and supervision after sentence have become a critical part of the overall sentencing picture.

Perhaps most importantly, sentencing outcomes now depend heavily on preparation. Decisions made well before the sentencing hearing — including plea, mitigation and evidence — can have a profound impact on the result.

As the Act is introduced in stages, understanding which provisions apply, and when, is essential. Early and informed legal advice is crucial if you are facing proceedings.