Sentencing Act 2026…

There has recently been the implementation of the new Sentencing Act 2026. This Act gained Royal Assent in January 2026.

The main focus of this Act is on sentencing, release and licence conditions. In turn this hopes to address the Prison Capacity Crisis in England and Wales.

One of the main developments implemented in this Act is the ‘Earned progression model’ that is being used. This is a new system that will be used for standard determinate sentences. In order to be released at 33% or 50% of your sentence, then you will have to earn this through good behaviour, rather than viewing it as your right. Where a prisoner’s release would be automatic at the halfway point for a standard sentence, this will now be at a third of the sentence. A standard sentence for serious sexual or violent offences, where the automatic release would be after two thirds, this will now be at halfway.

In terms of behaviour, should you behave badly, then days will be added onto your sentence.

  • There will be no overall cap as to the amount of days that can get added, therefore, the prisoner could obtain enough days to serve their whole sentence.

  • The Independent Adjudicator can add a maximum of 84 days per incident, doubling from the previous 42 days.

Now focusing on suspended sentences. The changes that the Sentencing Act 2026 bring into force are that there will now be a presumption that a custodial sentence of 12 months or less will be suspended. On top of this, a judge is now allowed to suspend a sentence of up to three years, where previously this was two years.

There will be a focus on increasing the use of community orders and removing the maximum periods for unpaid work.

There are a number of changes for licence conditions, recall and home detention curfews.

  • The home detention curfews (HDC) will now only be used for youth sentences. This is due to the earned progression model that is being used, where there is the chance for the earlier release, however there is a more intense supervision process.

  • The fixed term recalls will now be changed to 56 days. Previously it would be 28 days for a sentence above 12 months and 14 days for those under.

o   If your sentence is under 4 years, then you will automatically be put onto a 56-day fixed term recall (subject to requirements)

o   However, if your sentence is over 4 years, then you will have to apply for the fixed term recall of 56 days.

  • Lastly, licence conditions have changed in order to add:

o   Driving prohibition conditions

o   Public event attendance prohibition conditions

o   Drinking establishment entry prohibition conditions

o   Restriction zone conditions (the judge will be able to choose the restricted zones for the defendant)

Additionally, the Act has made changes to IPP and DPP prisoners, based off of the provisions made in the Victims and Prisoners Act 2024.

These changes include:

  • IPP prisoners will now be automatically referred to the Parole Board for a termination review 2 years after their first release, rather than 3

  • This qualifying period length can easily be changed by the Secretary of State without the need to pass a new law

  • This Act allows for multiple applications to be made by IPP or DPP prisoners to the Parole Board, for a licence termination review, only if they have been on continuous licence for 1 year after the qualifying period