Sentencing Act 2026: what it means if you are facing charges
The Sentencing Act 2026 is changing the way courts in England and Wales sentence adults. If you are convicted and the court decides on a prison sentence of 12 months or less, it must now usually suspend that sentence.
Courts can also suspend longer sentences of up to three years, and from 1 October 2026 they can ban people from driving, going to pubs and attending public events. If you are facing charges, our criminal defence solicitors at Fosters Solicitors can talk you through what this means for you.
What is the Sentencing Act 2026?
The Sentencing Act 2026 became law on 22 January 2026. It aims to ease pressure on prisons and deal with more offending in the community. You can read the full Sentencing Act 2026 on legislation.gov.uk. The changes are coming in stages, so which rules apply can depend on when the offence took place and when you are convicted.
| Date | What changes |
|---|---|
| 22 March 2026 | Courts must usually suspend prison sentences of 12 months or less for people convicted from this date, and can suspend sentences of up to three years, unless a statutory exception applies. |
| 1 October 2026 | New bans on driving, public events and pubs for offences committed from this date, and the new release system begins. |
| October 2026 to June 2027 | Eligible people already in prison move to the new release system in stages. |
| Not yet set | Income reduction orders and court-imposed restriction zones. |
Most short prison sentences will now be suspended
For most people, this is the change that matters most. It applies if you are 18 or over and were convicted on or after 22 March 2026. If the court decides on a prison sentence of 12 months or less, it must suspend it unless an exception applies.
A suspended sentence is still a prison sentence, but it does not take effect straight away. You remain in the community for a set time, and the court may add requirements such as unpaid work, a curfew, treatment or an electronic tag. If you commit another offence or break those requirements, the court can order you to serve the prison sentence.
Some of the main exceptions are when:
- You are already in prison, or being held in custody while you wait for another case.
- You receive more than one sentence and they add up to more than 12 months.
- You committed the offence while on a community order or suspended sentence.
- The offence breached a court order, such as a restraining order.
- Suspending the sentence would put a particular person at significant risk of physical or psychological harm.
- There are exceptional circumstances that justify sending you straight to prison.
Even where an exception applies, the court can still choose to suspend your sentence. Courts can now also suspend sentences of up to three years, where the limit used to be two, although there is no rule that they must. This makes it important to give the court a full picture of you and your circumstances, which is known as mitigation. It can include your work, family, health and the steps you have taken since the offence.
New bans and orders the court can use
From 1 October 2026, courts can add three new requirements to community orders and suspended sentences, for offences committed on or after that date:
- A ban or limit on driving, even if the offence had nothing to do with a car.
- A ban on going to public events, such as football matches or concerts.
- A ban on going into pubs, bars and clubs.
In rural parts of Norfolk and Suffolk, where public transport can be limited, losing the right to drive could affect your work, the school run or caring for a relative. If the court is considering one, we can explain how it would affect you and the people who rely on you.
The Act also introduces income reduction orders, which will let a court order someone on a suspended sentence to pay a share of their monthly income above a set amount. There is no start date yet, and they will only apply to offences committed after they come into force.
Earlier release from prison
From 1 October 2026, a new release system starts for eligible adults on standard fixed-term sentences. Depending on the sentence, the earliest release point becomes one third or half, although breaking prison rules can lead to extra days in custody.
Release is on licence, so people are still supervised and can be recalled. Those already in prison move across in stages until June 2027, and some serious offences are left out.
What the Sentencing Act 2026 means for you
If you are facing charges, the length of any sentence now matters more than ever, because a sentence just over 12 months may not be suspended. That is why it helps to get advice early and to prepare your mitigation with care.
If you have been charged, these steps can help:
- Get advice early. Speak to a criminal defence solicitor as soon as you can, ideally before your first court date.
- Keep your paperwork together. Hold on to your charge sheet, bail conditions and any letters from the court or police.
- Talk to your solicitor about your life. Tell them about your work, health and caring responsibilities before you gather any documents.
- Stick to your bail conditions. This shows the court that you can follow rules in the community.
- Take positive steps now. Getting support with alcohol, drugs or your mental health can help you and may also help your case.
A guilty plea at the first stage of your case can normally reduce a sentence by up to one third. In some cases, that could bring a prison sentence within the 12 month rule, but it depends on the offence and all the facts. We will always go through the evidence with you before you decide how to plead.
How our criminal defence solicitors can help
Our crime team is ranked Top Tier by the Legal 500 UK for General Crime and Fraud in East Anglia. We support people from the police station through to sentencing, in the magistrates’ court, youth court and Crown Court. We know how daunting the process can feel, so we will explain each step clearly and give you honest advice about your options.
With offices in Norwich, Wymondham and Lowestoft, we help people across Norfolk, Suffolk and beyond, and we provide police station advice at any time of day or night. If you are facing charges or waiting to be sentenced, please contact our criminal defence team at Fosters Solicitors.
Frequently asked questions
Do the changes affect me if I have already been charged?
It depends on the dates. The suspended sentence rules apply to anyone convicted on or after 22 March 2026, even if the offence happened earlier, while the new court bans only apply to offences committed from 1 October 2026.
Will I get a suspended sentence?
If you are 18 or over and the court decides on a prison sentence of 12 months or less, it must usually suspend it. There are exceptions, such as offending while already on a court order, so it is worth getting advice on your own case.
Do I need a solicitor if I am pleading guilty?
You do not have to have a solicitor, and you have the right to represent yourself. We would always recommend getting advice, though, as a solicitor can check the evidence, advise you on your plea and present your mitigation to the court.
This article was produced on the 1st October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.
