How the Sentencing Act 2026 changes prison sentences

What is the Sentencing Act 2026?

The Sentencing Act 2026 introduces a raft of reforms designed to ease the burden on the prison population.

It received Royal Assent on 22 January 2026 and substantially amends the Sentencing Act 2020.

Whilst many parts of the Sentencing Act 2026 have already come into force, the provisions relating to early release of prisoners will come into force on 2 September 2026.

Why was it introduced?

The primary aim of these reforms is to reduce pressure on the prison estate by addressing overcrowding. The Government has said that, without intervention, prisons would have reached full capacity.

What are the main changes in the Sentencing Act 2026?

The changes are wide-ranging, but three reforms are likely to have the greatest impact on sentencing and release.

Firstly, there is now a presumption in favour of suspended sentences for terms of imprisonment less than 12 months.

A suspended sentence is a prison sentence that does not have to be served immediately, provided the offender complies with conditions set by the court and does not commit another offence during the operational period of the order. If those conditions are breached, the sentence can be “activated” - meaning that the offender can be ordered to serve the prison sentence in whole or in part.

Where a court is considering a prison sentence of no more than 12 months, it must now suspend that sentence unless there are exceptional circumstances relating to the offence or the offender which justify not applying the presumption, or there are certain exemptions which means that the presumption does not apply.

Secondly, the scope of suspended sentence orders has been expanded. Previously, they could only be imposed for sentences of imprisonment of two years or less. This has now increased to three years. Courts can also suspend a sentence for up to three years, rather than the previous maximum of two. This means that the courts now have the power to sentence an offender to three years’ imprisonment, suspended for three years.

Thirdly, offenders will generally spend less time in custody before being released on licence. To be released on “licence” means they can leave prison before the end of their sentence but must comply with conditions, such as meeting regularly with a probation officer. Failure to comply can result in them being “recalled” to prison.

For those sentenced on or after 2 September 2026, release points are reduced - for example, from two-thirds of a sentence to one-half, and from one-half or two-fifths to one-third. The new release rules will also apply to many people who are already serving prison sentences, although the timing of when these changes apply depends on the length of their sentence.

Who is affected?

The changes are expected to affect people across the criminal justice system. Those convicted of offences that would ordinarily result in a prison sentence of less than 12 months are now more likely to receive a suspended sentence, unless the court decides that exceptional circumstances justify immediate custody. Changes to release provisions will also affect many people serving custodial sentences by altering the point at which they become eligible for release on licence.

The reforms will also have implications beyond offenders. Victims may see more offenders serving their sentences in the community rather than in prison, while judges and magistrates will need to apply the new sentencing framework when deciding whether a custodial sentence should be suspended. The Probation Service will play a greater role as more offenders are supervised in the community.

What do the changes mean in practice?

When a person is sentenced to immediate imprisonment, they are required to serve that sentence in two parts: First, they will serve a mandatory period in prison. Having served that period, they will then be released on licence and will have to serve the remainder of their sentence in the community subject to licence conditions.

The Sentencing Act 2026 changes how long many offenders spend in prison before they are released on licence. Under the previous rules, most adult offenders served either 40% or 50% of their sentence in prison before being released to serve the rest of their sentence in the community under licence conditions. Offenders convicted of some of the most serious offences generally served two-thirds of their sentence before release.

From 2 September 2026, these release points change. Most adult offenders will now be released after serving one-third of their sentence in prison, while those who would previously have served two-thirds will instead be released after serving half of their sentence.

For example, someone sentenced to three years' imprisonment who would previously have been released after serving 18 months (50% of their sentence) will now be released after 12 months (one-third of their sentence). Likewise, someone who previously had to serve four years of a six-year sentence before release (two-thirds) will now be released after three years (50%).

What are the challenges?

The main challenge from these changes is the shifting of the burden from HM Prisons to HM Probation Service.

The Probation Service is responsible for the monitoring of offenders whilst on licence, and for the supervision of offenders subject to community-based orders, such as community orders and suspended sentence orders.

With the increase in suspended sentence orders and the increase in offenders being released from prison early, the burden on the prison service will be moved to the Probation Service.

The Probation Service is already overworked and under-resourced; it remains to be seen whether it can cope with the influx in supervision.