The Sentencing Act 2026 Explained
Plain-English summary of what the new law changes and who it affects
The Sentencing Act 2026 Explained
The Sentencing Act 2026 is a significant new law that changes how courts sentence offenders and when prisoners are released. It received Royal Assent on 22 January 2026. This guide explains the key changes in plain English.
"This government inherited a prison system bursting at the seams and at breaking point – risking the total breakdown of law and order in this country. Urgent, bold action was needed to keep the public safe. These reforms will make sure prisons never run out of space again and dangerous offenders are kept off our streets, while putting victims first with much tougher punishments for offenders outside jail."
Jake Richards MP — Sentencing Minister, 22 January 2026
Who Does This Affect?
People in Prison
Transitional provisions mean some new rules apply to people already serving sentences.
Future Sentences
People sentenced after commencement will be subject to the new rules.
Victims
New rights including free transcripts of sentencing remarks.
Courts
New requirements for suspended sentences and community orders.
Major Changes at a Glance
Before and after comparison
| Area | Before | After |
|---|---|---|
| Release (standard SDS) | 40% (two-fifths) | 33% (one-third) |
| Section 250 sentences | One-half | One-half (unchanged) |
| Serious offences (244ZA 4/5) | Two-thirds | One-half |
| Serious offences (244ZA 6) | Two-thirds | Two-thirds (unchanged) |
| Rape, serious child sex & grooming offences | 40%, one-half or two-thirds | Unchanged — excluded 4 Aug 2026 |
| Suspended sentence max | Up to 2 years | Up to 3 years |
| Short sentences (≤12 months) | Custody possible | Presumption of suspension |
| HDC for adult SDS | Available, subject to risk assessment | Removed — replaced by the progression model |
| Added days per adjudication | Up to 42 | Up to 84 |
| Victim transcripts | Not guaranteed | Free on request |
Implementation Timeline
When changes take effect
The measures in the Sentencing Act will not take effect immediately. Implementation is being phased over the next two years to give the probation service and victim support groups time to prepare.
22 January 2026
Royal Assent — Act becomes law
31 March 2026
Fixed Term Recall (56 days) begins, staggered to 12 May 2026
3–4 August 2026
Progression model paused, start moved to 1 October, rape and serious child sex offences excluded
1 October 2026
Progression model starts, reaching people already in custody in monthly stages by sentence length
By January 2028
Full implementation complete
Release Changes Explained (Section 23)
When you can expect to be released
Section 23 of the Act amends the Criminal Justice Act 2003 to change release fractions:
⅓ Standard Sentences: One-Third Release
Most Standard Determinate Sentences (SDS) will now release at one-third (33%) instead of 40%. This applies to sentences not under section 250 of the Sentencing Code.
½ Section 250 & 244ZA(4/5): One-Half Release
Sentences under section 250 of the Sentencing Code (young offenders serving more serious sentences) and offences falling within section 244ZA(4) or (5) release at one-half (50%).
⅔ Section 244ZA(6): Two-Thirds Release
The most serious offences under section 244ZA(6) still release at two-thirds (66%). This includes certain violent and sexual offences.
✕ Excluded Offences: No Change At All
Rape, serious child sex offences and grooming offences were barred from these changes on 4 August 2026. Whatever release point applies to those offences today continues to apply. Being excluded does not make a sentence longer — the change simply does not reach it.
See the full list of excluded offences →The Progression Model
Three stages: custody, intensive supervision, at risk
The Act restructures standard determinate sentences into three roughly equal stages: one-third in custody, one-third in the community under intensive supervision, and one-third "at risk" — no active supervision, but liable to recall for breaching licence conditions.
1. Custody
Time in prison, ending at the conditional release date unless added days push it back.
2. Intensive supervision
In the community under strict licence conditions, with tagging, exclusion zones and drug testing all available.
3. At risk
No active supervision, but still liable to recall until the sentence expires.
Home Detention Curfew (Section 26)
Widened first, then removed for adult SDS
Until then, section 26 widens HDC. These changes matter for anyone whose release date falls before the progression model reaches their sentence length, and for the cohorts HDC still covers:
Extended Curfew Period
Maximum curfew period increased from 180 days to 365 days (one year), so an eligible prisoner could be released on HDC up to 12 months before their automatic release date.
Extended Eligibility
Eligibility extended to prisoners serving sentences of 4 years or more, subject to individual risk assessment. Previously limited to sentences under 4 years.
Breach Ban Reduced
The lifetime ban for previous HDC breaches is replaced with a 2-year ban from the date your current sentence was imposed. Previously, one breach meant permanent ineligibility.
"At Risk" Ban Repealed
The "at risk" return ban has been repealed entirely. Previously, being returned from HDC "at risk" could permanently bar future HDC.
IPP / DPP Licence Termination & Early Removal
Two further changes commencing from 1 October 2026
IPP / DPP licence termination
The qualifying period for an automatic Parole Board termination referral is reduced from 3 years to 2 years after first release. A further application is then permitted after 1 year continuous on licence (one application per continuous licence period).
Work out your qualifying dates with the IPP / DPP Termination CalculatorEarly Removal Scheme (ERS)
The minimum custodial period that had to be served before removal eligibility is removed. Someone eligible for ERS could be removed for deportation at any time after sentence, rather than only after a fixed proportion was served.
Suspended Sentence Presumption (Sections 1-2)
Courts must now suspend short sentences unless exceptional
Sections 1 and 2 introduce a major change: courts must suspend prison sentences of 12 months or less, unless there are "exceptional circumstances."
When Suspension Applies
- • Sentence is 12 months or less
- • Offender aged 18 or over
- • No exceptional circumstances
Exceptions (Custody Still Possible)
- • Already in custody for another offence
- • Breach of a court order
- • Significant risk of harm to an individual
- • Consecutive sentences over 12 months total
The maximum term for a suspended sentence is also increased from 2 years to 3 years (where total sentences exceed 2 years).
Income Reduction Orders (Section 3)
A new financial penalty for suspended sentences
Section 3 introduces a new type of financial order that can be attached to suspended sentences:
Maximum Deduction
Up to 20% of "excess monthly income" — income above 170× the national minimum wage hourly rate (approximately £1,500/month threshold).
Duration
Can last for the full operational period of the suspended sentence (up to 3 years).
Variation
Can be reduced if circumstances change, but cannot be increased.
Priority
Compensation orders to victims take priority over income reduction orders.
New Community Requirements (Sections 14-17)
Four new conditions that can be attached to community orders
The Act introduces four new requirements that courts can attach to community orders and suspended sentences:
Driving Prohibition
Courts can ban driving even if the offence wasn't driving-related. Can be limited to certain times, areas, or vehicle types.
Public Event Prohibition
Bans attendance at public events such as concerts, sporting events, or festivals.
Drinking Establishment Prohibition
Prohibits entry to premises primarily used for selling alcohol (pubs, bars, clubs).
Restriction Zone
Requires staying within a specified area (up to 2 years). Usually requires electronic monitoring.
Changes for Victims (Sections 6 & 22)
Free Transcripts (Section 22)
Victims can now request a free transcript of the judge's sentencing remarks. Must be provided within a time period set by regulations.
Domestic Abuse Finding (Section 6)
Courts must state in open court when an offence involved domestic abuse. This creates an official record.
Inchoate Offences: Conspiracy, Attempt & Incitement
Understanding how incomplete offences affect sentencing
Inchoate offences are crimes that involve planning or attempting to commit another offence, even if that offence is never completed. These are sometimes called "incomplete" or "anticipatory" offences. Understanding how they work is crucial because they carry the same Schedule 15 status as the substantive offence.
1. Conspiracy
Criminal Law Act 1977, s.1 — An agreement between two or more people to commit a criminal offence.
- • The offence need not actually be committed
- • All parties must intend the offence to be carried out
- • Maximum sentence: same as the substantive offence
- • Example: Conspiracy to Rob carries the same Schedule 15 status as Robbery
2. Attempt
Criminal Attempts Act 1981, s.1 — Doing an act that is more than merely preparatory to the commission of an offence with intent to commit it.
- • Must go beyond "mere preparation"
- • Intent to commit the full offence must be proven
- • Maximum sentence: same as the completed offence (except murder → life)
- • Example: Attempted GBH with Intent triggers section 244ZA(7)
3. Incitement / Encouraging or Assisting
Serious Crime Act 2007, Part 2 — Encouraging or assisting another person to commit an offence.
- • Replaced the common law offence of incitement
- • Three separate offences covering different mental states
- • The person encouraged need not actually commit the offence
- • Example: Encouraging a person to commit murder
What Has NOT Changed
Important clarifications
No "good time" credits — release dates are still based on fractions. Good behaviour cannot bring a release date forward; poor behaviour can push it back through added days
Parole Board still decides release for EDS, life, and IPP sentences
Added days from adjudications still delay release — and an Independent Adjudicator can now impose up to 84 per incident instead of 42
Total sentence length does not change. Only the split between custody, supervision and licence moves
Licence conditions still apply after release
Recall to prison is still possible for licence breaches
Read the Full Legislation
This guide summarises key provisions. For the complete text, view the official Act on legislation.gov.uk.
View on legislation.gov.ukLast reviewed
Checked against
- Sentencing Act 2026
- Rape, serious child sex and grooming offences barred from sentencing changes (GOV.UK)
- The Sentencing Act (Prison Reform Trust)
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