Legal Update - 22 March 2026
The Sentencing Act 2026 brings in changes to suspended sentences from 22 March 2026, including the insertion of section 264A and section 277A into the Sentencing Act 2020. These new sections create a presumption towards the courts making a suspended sentence order for offenders aged 18 and over, where the sentence is not more than 12 months. Section 264A deals with offenders aged 18 to 20 years, and section 277A deals with offenders aged 21 years and over.
The legislation provides exemptions to the presumption, including, the offender is already in custody (under a number of legislative provisions), the offenders consecutive sentences exceed 12 months, the offender is being re-sentenced for an offence in respect of which they were subject to a supervision order, and, the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm.
Section 264 and section 277 of the Sentencing Act 2020 are amended, extending the maximum term of a suspended sentence order from two years to three years, for offenders convicted on or after the 22 March 2026.
Section 3AAB has also been added to the Bail Act 1976, which extends the presumption of bail where an offender is likely to receive a suspended sentence.
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