Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 58
The Sentencing Act 2026:
New Sentencing Provisions
by Michelle Kafe, Pupil at Guildhall Chambers.
by Nick Payne & Nina O’Sullivan, Lawyers at Mishcon de Reya.
(a) relate to the o昀昀ence (or the combination of the
o昀昀ence and one or more o昀昀ences associated with it)
or the o昀昀ender, and
The Sentencing Act 2026 (‘the Act’), which received
Royal Assent on 22 January, is likely to have a
signi昀椀cant impact on the way in which the courts
deal with o昀昀enders. The Act follows a period
of consultation which highlighted the chronic
challenges facing the criminal justice and prison
system. At the heart of the new Act is an aspiration
to rehabilitate low-level o昀昀enders in the community,
rather than through the prison system. This includes
more stringent community order requirements to
ensure that punitive aspects of the justice system
remain intact.
(b) justify not making the order.
Section 1(3) of the new legislation includes
identical provisions for o昀昀enders over the age of
21 upon conviction and inserts the same caveat
of ‘exceptional circumstances’ stated in s.1(2). An
example of ‘exceptional circumstances’ includes
where the o昀昀ender has breached a court order.
The provisions under section 1 only apply if the
o昀昀ender is not already in custody either serving a
custodial sentence or remanded for other matters.
Pre-sentence report requirements will still apply.
Presumption of Suspended Sentence
Section 1 of the 2026 Act introduces the presumption
of a suspended sentence order, where the sentence
ordered is one of 12 months or less. Under subsection
(2), where the o昀昀ender is between 18 and 21 years of
age and is sentenced to a young o昀昀ender institution,
It is important to note that this provision will only
apply if the defendant is convicted (not sentenced)
on or after 22 March 2026, which is when these
sections of the Act come into force.
(2) The court must make a suspended sentence
order in relation to the sentence where this section
applies unless the court is of the opinion that there
are exceptional circumstances which—
EXPERT WITNESS JOURNAL
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FEBRUARY
APRIL 2026
