The Sentencing Act 2026 introduces important changes to suspended sentence orders. These changes are expected to take effect from 22 March 2026 and will affect how courts approach short custodial sentences.
If you or a family member is facing sentence, the date of conviction will now be critical.
If you need urgent legal advice now, call 01162555155.
What Is Changing?
Presumption in Favour of Suspending Short Sentences
Under the new law, there will be a statutory presumption that custodial sentences of 12 months or less should be suspended, unless specific exceptions apply.
In practical terms, this means:
- The Court must actively consider suspension rather than immediate imprisonment.
- Immediate imprisonment for shorter sentences should no longer be the default position.
- The presumption can be displaced where there is significant risk of harm, repeated breaches or other statutory exceptions.
This represents a clear shift in approach, particularly for first-time offenders or those where rehabilitation is realistic.
Maximum Suspended Sentence Increased to 3 Years
Previously, Courts could only suspend custodial sentences of up to 2 years. From 22nd March 2026, courts will be able to suspend sentences of up to 3 years.
This is a significant expansion. It means cases that previously required immediate custody because they exceeded the 2-year limit may now qualify for suspension, depending on the facts.
Does It Apply to Everyone?
No. The key date is the date of conviction.
- If someone is convicted before 22 March 2026, the old law applies.
- If someone is convicted on or after 22 March 2026, the new suspended sentence rules apply.
This distinction could materially affect the outcome in borderline custody cases. In some matters, timing will make a real difference to whether immediate imprisonment is legally available or whether suspension must be considered first.
Why This Matters
For defendants facing sentencing in the Magistrates’ Court or Crown Court, these reforms could:
- Increase the likelihood of avoiding immediate custody;
- Provide stronger arguments for rehabilitation-based sentencing;
- Expand the range of cases where suspension is legally possible.
However, suspension is not automatic. Courts will still examine:
- Risk of serious harm;
- Previous breaches;
- The seriousness of the offence;
- Compliance history.
Careful and structured mitigation will remain essential.
How Sahota & Sahota Solicitors Can Help
At Sahota & Sahota Solicitors, we represent clients at the police station, Magistrates’ Court and Crown Court across Leicester and beyond. We are already advising clients on how the 22nd March 2026 changes may affect their case strategy.
Timing, plea decisions and listing can now have real consequences for sentencing outcomes. Early advice is critical.
- You can call/WhatsApp us on 01162555155.
- You can visit us at: Sahota & Sahota Solicitors, 25 New Walk, Leicester, LE1 6TE.
If you are due at Court leading up to 22nd March, due to be sentenced after 22nd March 2026 or are unsure how these changes affect you, contact us today for clear, practical advice.
