Sentencing Act 2026

What Does Suspension Mean?

Where a prison sentence is imposed, the sentence will usually start with immediate effect. This means that following the sentencing hearing, the offender will go to prison immediately, until the sentence is served.

However, the Court has the power to “suspend” the sentence, meaning that it will not be served immediately. The Court will delay the start of the sentence for a period of up to 2 years.

The sentence will not become effective provided that the offender does not commit any further offences within a specified period. The offender’s record will be marked with the suspended sentence, but no prison time will ever be served.

The Court may also attach conditions to the suspended order. This is not a requirement and will be at the Court’s discretion. These conditions can include up to 13 requirements, including the following most common conditions:

1. Unpaid work in the community
2. Mental health treatment
3. Drug rehabilitation or treatment
4. Alcohol rehabilitation or treatment
5. A curfew
6. Specialised rehabilitation programme
7. Electronic tagging
8. Exclusion from attending certain zones or locations
9. Order to remain at a particular address

Provided that the offender does not re-offend within the set period, and complies with any terms of the order, the prison sentence does not become effective.

However, if the offender breaches the terms of the order or commits further offences, they will be brought back before the Court to be re-sentenced on the previous matters and sentenced on the new matters.

What Happens if a Suspended Sentence Is Breached?

The Court will have the option to either:

1. Activate the original prison sentence, to take effect immediately
2. Activate the original prison sentence, with a reduction to account for any compliance of the terms of the suspended order, to take effect immediately
3. Not activate the original prison sentence but impose more onerous requirements and/or extend the suspension period (if not already at the maximum of 2 years)

The above assessment will depend upon the severity of the breach, including:

• The number of offences committed
• The seriousness of those offences (and if they are more serious than the matter for which the suspended sentence was imposed)
• The number of breaches of any of the requirements

In most cases, this will result in the offender being sent to prison immediately to serve the prison sentence previously imposed, as well as any additional time given for the new offences. However, if only minor breaches have occurred or if the offence is minor in nature, the Court may only extend the suspension and/or increase the requirements.

Changes to the Period for Suspension of Prison Sentences

Prior to the new legislation, Courts were able to suspend prison sentences that were imposed for a period of 2 years or less.

This meant that any prison sentences longer than 2 years could not be suspended, even if the offender had significant mitigation to be considered – such as previous good character and/or significant consequences on the offender or those dependant upon them.

This change applies to any offender convicted on or after the 22nd March 2026. Any offender convicted prior to this date, but sentenced after, will not benefit from this change.

In practice, this will likely see many offenders seeking to delay plea in order to increase their chances of avoiding an immediate prison sentence.

Which Motoring Offences Are Impacted?

Whilst many motoring offences will not be impacted by this change, a select number of the most serious offences will:

Other motoring offences such as drink driving and drug driving, and failing to provide a specimen for analysis, also carry a sentence of imprisonment. However, the maximum period for these offences is 26 weeks and therefore all prison sentences imposed for these offences are already capable of suspension.

How Does This Impact Motoring Offences?

The extension of suspended sentences from 2 to 3 years provides further scope for those facing a prison sentence to not have to serve such a sentence immediately.

Prior to this change in legislation, those who faced a prison sentence of more than 2 years – based on the Courts Sentencing Guidelines – could not avoid an immediate sentence, despite significant mitigation to be considered, or even a person’s good character.

How Do Courts Determine the Length of Prison Sentences?

In assessing the length of prison sentence suitable for any offence, the Court will have regard to the “Sentencing Guidelines”.

Each offence has detailed guidelines, setting out different categories with sentencing ranges, depending upon the level of culpability of the offender and the level of harm caused. Each of these categories, whilst having a range, will always have a “starting point” – this being the sentence that the Court will start at, before considering aggravating and mitigating factors.

The Court will then reduce the sentence based on any mitigating circumstances, or increase it based on aggravating factors of the case.

What This Means for Offenders Moving Forward

The changes mean that those offenders who have committed a more serious offence may still avoid an immediate prison sentence, even where the level of blame is high and/or where the consequences are significant.

For example, for the offence of Causing Serious Injury by Dangerous Driving, the top category for sentencing has a range of 3 years to 5 years in prison, with a starting point of 4 years.

A person in this category may have caused serious injury that is permanent and irreversible, or that requires lifelong dependency on third party care. They may also have caused injury by a prolonged, persistent and deliberate course of dangerous driving. This category is therefore reserved for the most serious of offences.

Those who previously fell into this category would have been unable to qualify for a suspended prison sentence, even with a reduction through credit and considering mitigating circumstances.

The Suspended Sentence Presumption

The legislation has also implemented a “presumption” for all prison sentences of 12 months or less.

This presumption means that the Court must suspend any sentence of 12 months or less, unless “exceptional circumstances” apply. Those circumstances are:

1. An offender who is already in custody
2. The accumulation of consecutive sentences totalling more than 12 months
3. An offender who is being re-sentenced due to breaching a previous suspended sentence order
4. An offender who committed an offence whilst on a supervision or suspension order
5. An offender who has breached any other order of the court
6. A suspended sentence would place a particular individual at “significant” risk

This does not mean that the Court cannot suspend prison sentences where one of the above circumstances apply. The Court can still suspend sentences if the sentence is for 3 years or less. However, this will be discretionary rather than mandatory.

How the Presumption Impacts Motoring Offences

The suspended presumption will have a significant impact for most offenders facing a prison sentence of 12 months or less, which will automatically apply to the below offences due to the maximum sentence that can be imposed:

1. Drink driving
2. Drug driving
3. Failure to provide a specimen for analysis
4. Fail to stop and exchange details following a collision causing damage or injury
5. Failing to report an accident to police following a collision causing damage or injury

In practice, this means that many individuals who would previously have received a short immediate prison term (12 months or less) will now remain in the community, subject to strict, intensive supervision.

Why Has the Government Made These Changes?

Alleviate Prison Overcrowding

UK prisons currently face a critical overcrowding crisis.

The prison population was projected to increase further due to a rise in prosecutions and a backlog of cases within the courts. The new changes will help alleviate the pressures of overcrowding and ensure that prisons have space for the most dangerous and violent offenders.

This legislation follows an emergency scheme that commenced in 2024, whereby thousands of prisoners who were previously required to serve at least 50% of their sentence before being released were being released after having only served 40%.

High Re-Offending Rates and Short Custodial Sentences

The new legislation is also aimed at addressing high re-offending rates.

This means that the Courts will now be focused on prioritising community-based punishment for low-level and first-time offenders. This allows offenders to maintain jobs, housing and family ties whilst addressing root causes like addiction or mental health. It essentially allows offenders to maintain stability, which can reduce the risk of homelessness and further criminality.

An Important Reflection

It is important to note that the above changes do not mean that offenders who have committed a serious offence will automatically receive a suspended sentence.

The legislation simply increases the scope of suspended sentences. The Court still has a duty to balance the evidence, and in some cases the aggravating factors and seriousness of an offence outweigh an offender’s prior good character and mitigation.

There are many offences where an immediate prison sentence may be the only suitable punishment, and any other punishment (such as a community order) is not suitable to address the offending behaviour or consequences of the offender’s actions.

What the legislation does provide is more scope for lawyers to make a plea to the Court for suspended sentences where a particular case allows for it.

Facing a Prison Sentence for a Motoring Offence?

If you are facing a prison sentence for any motoring offence, it is important that you have representation to ensure that the Court considers your sentence under the correct guidelines and that any mitigating circumstances are accounted for.

If any of the above circumstances apply, we would encourage you to reach out to one of our lawyers to discuss your case further.

We are here to fight your corner and have the expertise, experience and commitment to secure the best possible outcome for your circumstances.