The Sentencing Act 2026, which received Royal Assent on 22 January 2026, implements recommendations from the Independent Sentencing Review led by David Gauke, commissioned in response to a prison system in crisis with capacity dangerously close to being exceeded. The Act is wide-ranging, including changes to law surrounding suspended sentences, the use of community sentences and social restrictions, a new ‘earned progression’ release model, and judicial approaches to domestic abuse cases.
Key aspects of the Act include:
- Presumption to suspend short sentences: Courts must presume to suspend custodial sentences of 12 months or less, with individuals serving sentences in the community unless exceptional circumstances apply.
- Earned progression model: A new earned progression model for those serving standard determinate sentences, which will set lower minimum release points – conditional on good behaviour.
- New community requirements: Enhanced restrictions available for community and suspended sentence orders include bans on attending public events and drinking establishments, and geographic restriction zones. An increase in the use of electronic tagging is also evident.
The CJA broadly welcomes the Sentencing Act and its focus on community-based alternatives to custody. While this legislation represents an important step forward, the prison capacity crisis will not be solved through sentencing reform alone. We need to ensure that people receive the services and support they need in their communities, alongside proactive measures to divert people from the criminal justice system. This includes initiatives such as Intensive Supervision Courts, which the Act supports, as well as the work of our members, including Howard League and Prison Reform Trust, in providing tailored support that helps people stay out of prison and rebuild their lives.
We are proud to stand alongside our members throughout this process, from their insightful submissions to the Independent Sentencing Review, through to their parliamentary debate briefings ahead of the Royal Assent. We are delighted that following sustained efforts from a wide range of organisations, the government has scrapped plans to ‘name and shame’ people serving community sentences under Clause 35.
As the changes are implemented iteratively in the coming months, the CJA is committed to working collaboratively with our members to ensure that the potential of the Act is fully realised. Our members will continue to fight for the sustained change needed at the heart of the criminal justice system, and so will we.
