Sentencing Act 2026
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The Sentencing Act 2026 (c. 2) is an act of the Parliament of the United Kingdom primarily concerned with criminal sentencing in England and Wales (with a few measures also affecting Scotland and Northern Ireland).
Background
[edit ]During 2024, prisons in England and Wales came very close to exceeding their occupational capacity.[1] Some prisoners were released early in order to ease pressures on prison capacity.[2] In October 2024, the British Government commissioned the former Secretary of State for Justice David Gauke to conduct an Independent Sentencing Review.[3] [4]
The review concluded in May 2025 and recommended introducing an earned early release system for prisoners, the abolition of most short custodial sentences, as well as increasing the use of alternatives to prison including community sentences, deferred and suspended sentences.[5] [6]
On 2 September 2025, the Sentencing Bill was introduced to the House of Commons in order to implement recommendations from the Independent Sentencing Review.[7]
Provisions
[edit ]A significant number of the provisions amend the Sentencing Act 2020 (also known as the 'Sentencing Code').
Part 1 is primarily concerned with sentencing procedure of the courts, as well as the Sentencing Council. It includes a provision allowing courts to impose 'income reduction orders' on offenders on a suspended sentence requiring them to pay a percentage of their monthly income.[7]
Under provisions in Part 1, courts are also granted a wider range of ancillary orders to forbid offenders from entering specific areas, attending sports events, entering drinking establishments (either particular named venues, specific types of venues, or all establishments) or driving.[8] These behaviour orders were recommended by the Bar Council of England and Wales,[9] but concerns were raised about the practicality and enforceability of pub bans by representatives of the hospitality sector.[10]
Section 20 requires the Sentencing Council to seek approval of the Lord Chancellor and Lord/Lady Chief Justice when making or amending sentencing guidelines. The Government stated this measure improves "democratic oversight" of the Sentencing Council to avoid the political conflicts that led to the passage of the Sentencing Guidelines (Pre-sentence Reports) Act 2025.[7] [11] This has been criticised by the Institute for Government as undermining the independence of the Sentencing Council.[12]
The provisions scrapping the use of short prison sentences came into force on 23 March 2026.[13]
Part 2 deals with management of offenders including early release on licence, recall, early removal of foreign offenders, and the operation of the Parole Board.
Part 3 amends the Bail Act 1976.
Part 4 makes it easier to remove foreign national offenders under the Early Removal Scheme (by amending section 260 of the Criminal Justice Act 2003), as recommended by the Independent Sentencing Review.
Part 5 contains general provisions.
See also
[edit ]Notes
[edit ]References
[edit ]- ^ "How many prisoners are being released early and who are they?". BBC News. 12 July 2024. Retrieved 6 February 2026.
- ^ "Early release of thousands of prisoners is deeply unpopular - so will it work?". Sky News. Retrieved 6 February 2026.
- ^ "Landmark Sentencing Review launched to end prison crisis". GOV.UK. Retrieved 6 February 2026.
- ^ "Former Tory minister David Gauke to lead prison sentencing review". BBC News. 21 October 2024. Retrieved 6 February 2026.
- ^ "Independent Sentencing Review: Final report". GOV.UK. 11 July 2025. Retrieved 6 February 2026.
- ^ Rawlinson, Kevin (22 May 2025). "What are the 'radical' proposed reforms to UK criminal sentencing?". The Guardian. ISSN 0261-3077 . Retrieved 6 February 2026.
- ^ a b c Cooney, Francesca; Dawson, Joanna; Pyper, Douglas; Danechi, Shadi (2 May 2026). "Sentencing Bill". House of Commons Library.
- ^ "The Sentencing Act". Prison Reform Trust. Retrieved 15 March 2026.
- ^ "Barristers call for radical rethink on 'tough' sentencing". www.barcouncil.org.uk. Retrieved 6 February 2026.
- ^ "Pub and travel bans proposed in sentencing overhaul". BBC News. 23 August 2025. Retrieved 6 February 2026.
- ^ Fouzder, Monidipa. "Lord chancellor grants herself veto on sentencing policy". Law Gazette. Retrieved 15 March 2026.
- ^ Gill, Matthew (11 September 2025). "David Lammy should reverse the proposed "democratic lock" over the Sentencing Council". Institute for Government. Retrieved 6 February 2026.
- ^ Casciani, Dominic (23 March 2026). "Plan to scrap most short jail terms comes into effect". BBC News. Retrieved 23 March 2026.
External links
[edit ]- Text of the Sentencing Act 2026 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Sentencing Act 2026 as originally enacted or made within the United Kingdom, from legislation.gov.uk.