Amendments to sentencing guidelines following the Sentencing Act 2026

23 Mar 2026 02:25 PM

The Sentencing Act 2026, which received Royal Assent on 22 January, makes a number of important changes to the sentencing regime in England and Wales, some of which will have implications for sentencers.  

The Sentencing Council has made a number of consequential amendments to three sentencing guidelines as a result of provisions in the Sentencing Act 2026 which are coming into effect on 22 March 2026. 

These amendments include: the presumption to suspend short custodial sentences, the increase in the period for which sentencing can be deferred, and an amendment to the purposes of sentencing, amongst others.  

The Act introduces a presumption that custodial sentences of 12 months or less be suspended. This presumption comes into force on 22 March and applies where an offender is convicted on or after that date.  

The Act also increases the period for which sentencing can be deferred to up to 12 months for offenders convicted on or after 22 March 2026. Previously, sentencing could be deferred up to six months. 

The Act amends the purposes of sentencing to make clear that protection of the public includes the victims of crime. 

These and all other consequential amendments as a result of the Sentencing Act 2026 have been made to the following guidelines/guidance:  

• The Imposition of community and custodial sentences guideline 
• ‘Custodial sentences’ drop down that appears across relevant offence specific guidelines   
• The General Guideline: overarching principles 
• The Sentencing children and young people guideline 

Details of these consequential amendments can be seen here.