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From Monday, most offenders in England and Wales who would have faced up to a year in jail are likely to receive a suspended sentence instead — one of the most significant shifts in sentencing policy in decades. Courts must now stop imposing such short custodial terms except in specific or exceptional circumstances, which magistrates and judges will define on a case-by-case basis.
The reform forms part of the Sentencing Act 2026, passed in January, which also allows judges to suspend sentences of up to three years — further slowing the rate of entry into prisons. An additional measure permits courts to defer sentencing for up to 12 months where doing so may help an offender address underlying issues, such as drug addiction.
Government statistics show more than 6,000 people are serving sentences of under one year at any given time — the group most likely to reoffend upon release. Rehabilitation experts argue it is both cheaper and more effective to address the causes of criminality in the community. Over 16,000 people are currently on remand, representing about a fifth of the total prison population; changes to bail rules are expected to reduce this figure as well.
