Understanding Suspended Sentences Under the Sentencing Act 2026
There has been a lot of concern in recent years about overcrowding in UK prisons and the resultant strain on the criminal justice system. In response to this, the government brought about changes to the law to enable judges to avoid imposing immediate prison sentences.
What is a suspended sentence?
A suspended sentence is a sentence of imprisonment which does not require immediate imprisonment as long as the offender remains out of trouble for a period of time set by the court. If the offender is convicted of any new offences during the period of suspension or does not keep to the requirements of the suspended sentence order, they may have to serve the term of imprisonment which was suspended as well as any sentence for any new offence.
Suspended sentence coupled with a community order
A suspended sentence is usually coupled with a community sentence, which could be made up of a number of different requirements such as unpaid work, or attendance on a rehabilitation programme. Other community sentence requirements could require abiding by a curfew for up to two years or prohibiting the offender from taking part in certain activities or contacting named individuals. There are many other requirements which can be imposed to tailor the community punishment to the offending behaviour and the individual.
The community order can be made up of a combination of different requirements. The Probation Service is responsible for supervising a community sentence. Before making a community order as part of a suspended sentence, the court may order the preparation of a pre-sentence report by the Probation Service. The convicted person would have an interview with a probation officer who will assess the offender’s suitability for a community order and determine the most suitable requirements for the order. The main aims of the community order are to punish the offender and rehabilitate them, to reduce the risk of re-offending.
The Sentencing Act 2026 introduced two changes to the suspended sentence regime.
Sentences of imprisonment of 12 months or less:
For all those pleading guilty or being found guilty on or after 22nd March 2026 there is now a presumption, where the offence attracts a sentence of 12 months imprisonment or less, that the court must suspend the sentence unless there are exceptional circumstances indicating the sentence should not be suspended. There are exceptions to this provision, such as if the offender is already serving a prison sentence; or where sentences for more than one offence brings the total to over three years. Also; if the offender is being re-sentenced for an offence because they are in breach of the original sentence passed; or if they are in breach of a court order. Finally, an exception could be where suspending the sentence would put a particular individual at risk of serious physical or psychological harm (this last is most likely relevant in domestic abuse cases).
Increase in availability of suspended sentences:
For those over 18 years of age, convicted of offences on or after 22nd March 2026, the maximum length of prison sentence which can be suspended is increased to three years. Before this change in the law, only sentences of up to two years could be suspended. The length of the term of imprisonment can only be suspended for the same maximum amount of time. For example, a sentence of two years can be suspended for two years but not for three years.
Our criminal defence team advises on a range of offences. If your matter requires attendance at a police station or court, we’ll guide and represent you through the entire process. We encourage anyone seeking legal advice in this area to contact our team on 0330 822 3451 or request a callback.