Sentencing Act 2026: Can I Receive a Suspended Sentence?

The Sentencing Act 2026 has introduced important changes to sentencing in England and Wales. One of the most significant changes is the increased availability of suspended sentences.

A suspended sentence is a custodial sentence, but the person does not go to prison immediately, provided they comply with the terms of the order. If the order is breached, or if further offences are committed, the court can activate the sentence and send the person to prison.

This article explains the key changes under the Sentencing Act 2026 and gives examples of offences which may, depending on the facts, be capable of receiving a suspended sentence.

What Has Changed Under the Sentencing Act 2026?

Suspended Sentences Can Now Be Longer

For adults convicted on or after 22 March 2026, the court can impose a custodial sentence of up to three years and suspend it.

This is a major change. Previously, the maximum sentence that could usually be suspended was lower. Under the new provisions, where the sentence is over two years and up to three years, the court may suspend the sentence for a period of between 6 months and three years.

This means that some cases which may previously have resulted in immediate custody could now potentially be dealt with by way of a suspended sentence, depending on the facts, the risk, the seriousness of the offence and the mitigation available.

Presumption in Favour of Suspending Sentences of 12 Months or Less

For adults convicted on or after 22 March 2026, where the court imposes a custodial sentence of 12 months or less, there is now a presumption that the sentence should be suspended unless there are exceptional circumstances which justify immediate custody.

This does not mean that all sentences of 12 months or less will automatically be suspended. The court will still consider the facts carefully.

There are also exceptions. Immediate custody may still be imposed where, for example:

• The defendant is already in custody or on remand;
• The total consecutive sentence is more than 12 months;
• The offence was committed while the defendant was subject to supervision;
• There has been a breach of a court order;
• Suspending the sentence would place a particular person at significant risk of harm;
• There are other exceptional circumstances which justify immediate custody.

This is particularly important in domestic violence, harassment, stalking and serious violence cases, where the court may be concerned about risk to a complainant or another person.

Early Release Changes

The Sentencing Act 2026 also makes changes to early release for certain prisoners.

In some standard determinate sentence cases, prisoners who would previously have been released at the halfway point may become eligible for release after serving one-third of the sentence.

Those who currently qualify for automatic release at the two-thirds point may move to release at the halfway point.

Implementation Dates

The early release changes are being introduced in stages from 2 September 2026.

The changes are phased in depending on sentence length and are expected to apply to all relevant sentences by 8 June 2027.

The suspended sentence changes apply to adults convicted on or after 22 March 2026.

Other Sentencing Changes

The Sentencing Act 2026 also introduces or amends a number of other sentencing powers, including:

• Income reduction orders as part of a suspended sentence;
• The ability to defer sentence for up to 12 months instead of 6 months;
• Changes to whole life order starting points;
• Rehabilitation activity requirements being renamed or reworked as probation requirements;
• New community order requirements, including driving prohibitions and exclusion zones;
• Standard recall increasing from 28 days to 56 days;
• Changes to bail law so that the “no real prospect of custody” presumption can include cases where a suspended sentence is likely.

In simple terms, the Act makes suspended sentences more available and longer in suitable cases, changes some early release rules, and introduces new sentencing and community order powers.

What Is a Suspended Sentence?

A suspended sentence is not a “let off”. It is a custodial sentence.

The court imposes a prison sentence but suspends it for a period of time. During that period, the person must comply with the requirements of the order and must not commit further offences.

A suspended sentence may include requirements such as:

• Unpaid work;
• Probation appointments;
• Rehabilitation work;
• Alcohol or drug treatment;
• Mental health treatment;
• Curfew;
• Electronic monitoring;
• Exclusion zones;
• Restraining orders or protective conditions where appropriate.

If the order is breached, the court can activate the prison sentence.

When Will the Court Consider a Suspended Sentence?

The court will only consider a suspended sentence if the offence is serious enough to cross the custody threshold. This means the offence is so serious that a fine or community order alone would not be sufficient.

The court will then decide whether the sentence must be immediate custody or whether it can properly be suspended.

The court may consider:

• The seriousness of the offence;
• Whether there was violence or injury;
• Whether the offence was planned;
• Whether there was repeated behaviour;
• Previous convictions;
• Whether the offence was committed on bail or during an existing order;
• Risk to the public or to a particular person;
• Remorse and insight;
• Personal mitigation;
• Guilty plea;
• Rehabilitation;
• Mental health, addiction or medical issues;
• Family responsibilities;
• Employment or education;
• Whether punishment and rehabilitation can safely take place in the community.

Offences Which May Be Capable of a Suspended Sentence

Whether an offence can receive a suspended sentence depends on the facts of the case, the seriousness of the offending, the sentence imposed and the risk assessment.

The following offences may, in appropriate cases, be capable of receiving a suspended sentence.

GBH

Grievous bodily harm is a serious offence. However, some GBH cases may be capable of a suspended sentence, particularly where the injury is less serious, the incident was not planned, there was no weapon, the defendant has limited or no previous convictions, and there is strong mitigation.

The risk of immediate custody increases where there is serious injury, use of a weapon, repeated violence, targeting of a vulnerable person, domestic abuse, group violence or previous violent offending.

Indecent Images

Offences involving indecent images can sometimes result in a suspended sentence, depending on the category of images, the number of images, whether there was distribution, whether there was contact offending, previous convictions and the level of risk.

The court may also consider treatment work, expert reports, risk assessments and steps taken by the defendant to address the behaviour.

Even where a sentence is suspended, the court may impose notification requirements, a Sexual Harm Prevention Order and restrictions on internet or device use.

Sexual Assault

Sexual assault cases vary greatly in seriousness. Some lower-level cases may be capable of a suspended sentence where there is limited touching, no force, no targeting of a vulnerable complainant, previous good character, genuine remorse and strong mitigation.

More serious sexual assault cases, especially those involving force, abuse of trust, intoxication, vulnerability, repeated conduct or serious psychological harm, may result in immediate custody.

A conviction for sexual assault may also lead to notification requirements and a Sexual Harm Prevention Order.

ABH

Assault occasioning actual bodily harm may be capable of a suspended sentence in appropriate cases.

This may include cases where the injury is limited, the incident was isolated, there was no weapon, there was some provocation, the defendant has shown remorse, and there is a realistic prospect of rehabilitation.

ABH involving domestic violence, repeated assaults, weapons, strangulation-type behaviour, serious injuries, children being present or vulnerable victims will be treated more seriously.

Common Assault

Common assault is often dealt with by a fine, community order or other disposal. However, where the assault is serious enough to cross the custody threshold, a suspended sentence may be considered.

This may include repeated assaults, domestic violence allegations, vulnerable victims, significant fear or distress, breach of court orders or previous similar offending.

Assault on Police / Emergency Workers

Assaults on police officers and emergency workers are treated seriously because they involve people carrying out public duties.

Depending on the facts, an assault on a police officer or emergency worker may be capable of a suspended sentence. The court will consider the level of violence, any injury caused, whether there was spitting or biting, whether the defendant was intoxicated, previous convictions and any mitigation.

Cases involving repeated violence, significant injury, spitting, biting or previous similar offences carry a higher risk of immediate custody.

Theft

Theft offences range from low-value shop theft to high-value, planned or repeated dishonesty.

A suspended sentence may be possible where the offending crosses the custody threshold but there is strong mitigation, such as addiction, mental health issues, financial pressure, repayment, remorse, early guilty plea or steps towards rehabilitation.

The risk of custody increases where there is high value, breach of trust, targeting of vulnerable victims, repeated offending or offending while subject to court orders.

Domestic Violence Cases

Domestic violence is not a single offence. It can include assault, ABH, controlling or coercive behaviour, harassment, stalking, criminal damage, threats, breach of restraining orders and other offences.

A suspended sentence may be possible in some domestic violence cases. However, the court will look very carefully at risk.

Aggravating features may include repeated incidents, controlling behaviour, intimidation, children being present, breach of bail, breach of restraining orders, strangulation, weapons, threats or significant psychological harm.

The court may also impose restraining orders, exclusion requirements, rehabilitation programmes and other protective measures.

Harassment

Harassment may be capable of a suspended sentence depending on the seriousness of the conduct.

The court will consider the number of incidents, the nature of the contact, the level of distress caused, whether there were threats, whether the complainant was targeted at home or work, and whether there was a breach of bail, a restraining order or previous warnings.

Repeated harassment, threatening behaviour or continued contact after warnings can increase the risk of custody.

Stalking

Stalking is treated seriously because of the fear, distress and psychological impact it can cause.

Some stalking cases may be capable of a suspended sentence, depending on the facts, risk and mitigation.

The court will consider whether there was following, surveillance, repeated messages, attending addresses, use of fake accounts, threats, monitoring, or behaviour that caused serious alarm or distress.

The court may also impose a restraining order or other protective measures.

What Can Help Persuade the Court to Suspend a Sentence?

Every case depends on its own facts. However, the following may assist when asking the court to suspend a sentence:

• Early guilty plea;
• Previous good character or limited previous convictions;
• Genuine remorse;
• Insight into the offending;
• Evidence of rehabilitation;
• Mental health or medical evidence where relevant;
• Drug or alcohol treatment;
• Stable accommodation;
• Employment or education;
• Family responsibilities;
• Compensation or repayment where appropriate; * no further offending;
• Compliance with bail;
• Realistic proposals for punishment and rehabilitation in the community.

What Happens If a Suspended Sentence Is Breached?

If a suspended sentence is breached, the court can activate the custodial sentence. This means the person may be sent to prison.

Examples of breach include:

• Failing to attend probation appointments;
• Failing to complete unpaid work;
• Breaching curfew;
• Breaching exclusion requirements;
• Failing to engage with treatment;
• Committing further offences.

A suspended sentence should therefore be taken very seriously.

Conclusion

The Sentencing Act 2026 has made suspended sentences more available in suitable cases. Courts can now suspend longer custodial sentences, and there is a presumption in favour of suspending sentences of 12 months or less unless exceptional circumstances justify immediate custody.

Offences such as GBH, indecent images, sexual assault, ABH, common assault, assault on police, theft, domestic violence-related offences, harassment and stalking may all be capable of a suspended sentence depending on the facts.

However, a suspended sentence is never automatic. The court will consider seriousness, risk, previous convictions, mitigation and whether the case can safely and properly be dealt with in the community.

Anyone facing sentence should obtain specialist criminal defence advice as early as possible so that the strongest possible mitigation can be prepared. 

Contact our criminal defence solicitors today

If you are due to attend the police station in relation to a criminal offence, you have previously attended the police station, and a court date has been set for your case, or you simply need advice on the terms of your current suspended sentence, please do not hesitate to get in touch with a member of our team.

You can contact our specialist criminal defence solicitors in London, Birmingham and Manchester by telephone on:

• London Central - Head Office: 020 7624 7771
• West Hampstead Office: 020 7624 7771 
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• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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