Sentencing Act 2026 – The effect on suspended sentences

The effects of the Act are far reaching but one of the main areas for reform is to suspended sentence orders.

Yesterday, 22 March 2026, saw the implementation of the reforms relating to suspended sentence orders. Below we have set out the key changes that criminal practitioners, those accused of a criminal offence and courts need to be aware of.

Presumption of a suspended sentence where the custodial sentence is 12 months or less

Previously where someone was a first time offender and the likely custodial sentence was for less than 6 months, a court may, and in practice was likely to, suspend a custodial sentence.

Now provided the following criteria is met, a court must suspend a custodial sentence of 12 months or less: 

• The defendant is aged 18 or over
• The date of conviction (whether by pleading guilty or following trial) is on or after 22 March 2026
• A suspended sentence order is available in relation to the offence
• The defendant is not already serving a custodial sentence, remanded in custody for another criminal offence or admitted to hospital under the Mental Health Act 1983
• the term of any sentence considered by the court is 12 months or less
• The offence is not one where the defendant is or has been the subject of a supervision order and the offence was not committed whilst the defendant was subject to a supervision order
• The offence does not constitute a breach of a previously imposed court order
• A suspended sentence order does not put a particular individual at significant risk or psychical or psychological harm

In practice, this means that the majority of cases that pass the custody threshold in the magistrates court will now most likely result in a suspended sentence. Indeed many cases sentenced in the Crown Court may also be suitable for a suspended sentence order.

Increase in the length of suspended sentence orders

Previously, the maximum custodial sentence that could be suspended was a period 2 years. As of yesterday the maximum period is now 3 years.

For offences that carry a possible custodial sentence of more than 12 months and 3 years or less, a court may impose a suspended sentence. This of course is discretionary and the suitability of a suspended sentence order will be assessed on a case by case basis. 

However in practical terms the implications of this could be wide ranging, particularly for first time offenders that do not pose a high risk of re-offending. We are likely to see a significant increase in suspended sentence orders. For example, it is not impossible to think that in certain circumstances, a suspended sentence order could be considered for a defendant that pleads guilty to a fraud valued as high as £1,000,000. 

Suspended sentences resulting in deportation

The Act has also had a significant impact on the Immigration sphere. The Act dramatically expands the Home Office’s automatic duty to deport foreign national offenders. Up until now, suspended sentences did not count as a period of imprisonment when considering the definition of ‘foreign criminal’ under the UK Borders Act 2007, and therefore such individuals on suspended sentences of 12 months or more were not subject to mandatory deportation. However, this exemption has now been removed, bringing suspended sentences squarely into the scope of automatic deportation.

With the above change, any foreign national who receives a suspended sentence of 12 months or more is now considered a ‘foreign criminal’, unless a statutory exception applies. As such, the Home Office is now bound, by duty, to deport such individuals, reflecting their continued measures to increase removals and reduce pressures on the prison system. 

Conclusion

It is inevitable that there will be a significant increase in suspended sentence orders. This means a substantial reduction in defendants facing possible custodial sentences in fact being sent to prison. However, for foreign nationals the reforms are stark. Whether their custodial sentence is suspended or not, if it is over 12 months, they must be deported.