30 April 2026
The Sentencing Act 2026, which came into force on 22 March, introduces some important changes to the way criminal cases are dealt with in England and Wales. Alongside proposals to reform jury trials, it reflects a wider move towards reducing pressure on the courts and limiting the use of short prison sentences.
Longer suspended sentences
One of the key changes is the extension of suspended sentences. Courts can now suspend custodial sentences of up to three years, rather than the previous limit of two years. This gives judges more flexibility and creates greater scope for sentences to be served in the community, subject to conditions.
For defendants, this can make a real difference. Cases that may previously have resulted in immediate custody may now fall within the range where suspension is possible.
A presumption against short prison sentences
There is now a presumption that custodial sentences of 12 months or less should be suspended. In practical terms, this changes the starting point for the court. Instead of asking whether a sentence can be suspended, the expectation is that it will be, unless there is a clear reason not to.
This does not remove the option of immediate custody altogether. The court can still impose a prison sentence where the circumstances justify it, particularly in cases involving repeat offending, breaches of court orders or a risk of harm. However, the overall direction is clear, with a stronger focus on rehabilitation and managing offending in the community.
Proposed changes to jury trials
Alongside these sentencing changes, there are ongoing proposals to reform jury trials, particularly for lower level “either way” offences. The aim is to improve efficiency and reduce delays in the system.
These proposals remain subject to debate, particularly around fairness and access to justice, but they form part of a wider effort to address the pressure on the courts.
What this means in practice
For those facing criminal proceedings, these changes may lead to fewer short custodial sentences and more opportunities to put forward a structured and realistic alternative to prison.
For legal advisers, it places even greater importance on early advice, careful preparation and presenting strong mitigation to the court. If you would like advice on how these changes may affect you or someone close to you, contact Benjamin Langley on 07796 869740 or email benjamin.langley@blasermills.co.uk.