Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 59
This is something which ought to be mentioned
to victims prior to sentence, especially when the
victim has engaged in proceedings and is interested
to know the outcome but does not wish to see the
defendant in court.
Length of Suspended Sentence
The change which is likely to have the most impact
in the Crown Court is the increase in the maximum
term over which a custodial sentence can be
suspended from 2 years to 3 years. This is stipulated
in section 2 of the Act. This provision will similarly
only apply where the o昀昀ender is convicted on or
after the 22 March 2026.
Probation Requirements
Several provisions have been included in the new Act
to amend and extend the requirements a court can
impose when an o昀昀ender receives a sentence other
than immediate custody. The current prohibited
activity requirements in Scheule 19 of the Sentencing
Act 2020 have been expanded to include speci昀椀c
driving, drinking and public event attendance
prohibition requirements (sections 14 to 17).
Bail
Section 44 of the 2026 Act will amend the Bail
Act 1976 to include the imposition of electronic
monitoring requirements upon release on bail. The
previous presumption in favour of bail where there
was no real prospect of the defendant receiving a
custodial sentence has been extended to include
circumstances where there is no real prospect of the
defendant receiving a suspended sentence.
Deferring a Sentence
Section 14 of the 2026 Act stipulates that the court
may impose a driving prohibition requirement – an
order restricting when and where a person can drive
– even where the relevant o昀昀ence did not involve
driving or the use of a motor vehicle.
Section 5 of the Act increases the duration over which
a sentence can be deferred from 6 to 12 months.
This aims to address the fact that a longer period
of ‘testing’ may provide greater clarity into the
o昀昀ender’s behaviour and rehabilitation prospects
after being convicted of an o昀昀ence.
A restriction zone requirement (Section 17) requires
an o昀昀ender to remain, for a particular period, in
one or more particular areas. The order must be
speci昀椀ed by the courts. This requirement can endure
for up to 2 years.
Under section 13 of the Act, Rehabilitation Activity
Requirements (RAR days) are renamed probation
requirements and substituted as such in the relevant
sections of the Sentencing Code.
Domestic Abuse
Section 6 of the Act introduces a requirement for
a formal judicial 昀椀nding of domestic abuse. Under
s.6(2), the court must, in open court, state that in its
view the o昀昀ence involved domestic abuse carried out
by the o昀昀ender.
Conclusion
The Sentencing Act 2026 appears to herald a
concerted shift from short periods in prison to a
wider and longer range of sentences that can be
served in the community. This is underlined by the
presumption in favour of short suspended sentences
and the increase in their duration. Although the
focus on community based penalties may attract
headlines, there are other provisions which provide
some encouragement for victims, especially in cases
involving domestic abuse.
Under the existing Sentencing Guidelines, the
domestic context is an aggravating feature of
particular o昀昀ences, and there is a distinct guideline
on domestic abuse. Nevertheless, the new provision
will go further to include a declaration from the
court at sentence stating, in its view, the o昀昀ence
was committed in a domestic abuse context. This is
applicable regardless of the o昀昀ence charged. The
aim of this provision is to ensure that domestic
abuse is clearly identi昀椀ed and tracked by the courts.
This artcle was 昀椀rst writtem by Michelle Kafe, pupil
for the Crime Team at Guildhall Chambers, Bristol.
Court Transcripts
www.guildhallchambers.co.uk
Section 22 of the Act requires the court to supply
transcripts of the sentencing remarks, upon request,
to the victim of the o昀昀ence. Under s.22(2):
The Secretary of State must supply the transcript to
V, or arrange for the transcript to be supplied to V—
(a) free of charge, and
(b) before the end of the period speci昀椀ed in
regulations made by the Secretary of State.
EXPERT WITNESS JOURNAL
57
APRIL 2026
