Criminal Law Changes in 2026: Key Developments in England and Wales

Key Criminal Law Developments in 2026 So Far

Two major laws have shaped criminal justice changes in England and Wales during 2026:

• The Sentencing Act 2026 received Royal Assent on 22 January 2026.
• The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. 

Both Acts represent the most consequential criminal law changes of 2026 and are being brought into force in phases:

• The Sentencing Council changes how courts deal with certain prison sentences, when some prisoners can be released and what restrictions may be imposed through community sentences. 
• The Crime and Policing Act covers a wider range of issues, including antisocial behavior, shop theft, stalking, knife sales and criminal exploitation of children. 

The Sentencing Council has also updated its guidance to reflect new sentencing rules, including changes introduced in March and October.

For anyone involved in criminal proceedings, it is important to establish which rules apply and when they took effect.

The Sentencing Act 2026

The Sentencing Act 2026 covers the threshold for immediate short custodial sentences, the point at which prisoners are released from standard determinate sentences, the requirements available on community orders and suspended sentence orders, and the governance of the Sentencing Council. 

The key commenced provisions are set out below, each with its effective date.

Presumption against short custodial sentences (in force 22 March 2026)

From 22 March 2026, courts must generally suspend prison sentences of 12 months or less where the new presumption applies.

A suspended sentence means the person does not immediately serve the prison term, provided they comply with the conditions imposed by the court. However, this does not mean everyone facing a short sentence will avoid prison.

Immediate custody may still be required where the court finds exceptional circumstances or where a legal exemption applies.

The Act also extended the maximum period for which a suspended sentence can run. 

Previously, courts could suspend a sentence of up to two years’ imprisonment for up to two years. Courts can now impose a sentence of up to three years’ imprisonment, suspended for up to three years. 

The presumption does not apply to serious violent offences or serious sexual offences, which carry separate sentencing frameworks. 

If you are facing a charge in one of those categories, the starting point for sentencing will be governed by a different set of rules and you should seek specific legal advice.

New early release model (in force 1 October 2026)

Before 1 October 2026, a prisoner serving a standard determinate sentence was automatically released at the halfway point of their sentence.

The Sentencing Act 2026 replaces that automatic release model with an earned progression model for prisoners serving sentences of that type.

Under the new model, release is not automatic at a fixed point. 

A prisoner’s behaviour in custody determines when they become eligible to be released. The minimum point at which a prisoner can earn release is 33% of the sentence. Poor behaviour can delay release beyond that minimum. 

The model applies to sentences imposed on or after 1 October 2026, though the precise transitional rules for sentences that straddle the commencement date should be confirmed with a solicitor if relevant to a specific case.

Rape, serious child sexual abuse and grooming offences are excluded from the new model. The release point for those offences remains unchanged.

New community order requirements (in force 1 October 2026)

The Sentencing Act 2026 introduces additional requirements that courts may attach to community orders and suspended sentence orders.

Three new requirements came into force on 1 October 2026.

These allow courts, where the relevant legal conditions are met, to restrict an offender from:

• Driving for a specified period.
• Attending certain public events.
• Entering pubs, bars or other specified drinking establishments.

A further measure involving electronically monitored restriction zones has also been introduced in legislation, but its commencement must be checked separately.

The new requirements give courts additional ways to address offending behaviour without necessarily imposing immediate imprisonment.

For example, a person whose offending is linked to particular venues may face restrictions on entering those premises.

New oversight of the Sentencing Council (Sentencing Act 2026, section 20)

The Sentencing Act 2026 also changes how the Sentencing Council develops and amends sentencing guidelines.

The legislation introduces a requirement for approval from the Lord Chancellor and the Lord Chief Justice, or Lady Chief Justice, before certain guideline changes are made.

This gives the government and senior judiciary a formal role in approving future guidance. The change does not mean existing sentencing guidelines automatically stop applying.

Courts must continue using the guidance in force at the relevant time.

The commencement of any particular approval requirement should be confirmed before relying on it in an ongoing case.

The Crime and Policing Act 2026

The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. 

The Act addresses several distinct areas of criminal law and policing, including antisocial behaviour, shop theft, stalking protection, online knife sales and child criminal exploitation.

Changes to antisocial behaviour powers

The Crime and Policing Act 2026 amends the existing framework for responding to antisocial behaviour, giving police and local authorities revised powers in relation to antisocial behaviour orders and related tools. 

The specific provisions and their commencement dates should be verified against the relevant commencement orders before relying on them in a legal context.

Shop theft and retail crime provisions

The Act contains provisions directed at shop theft and retail crime. 

These provisions change how certain theft offences are categorised or prosecuted, to improve the response to organised retail crime. 

Defendants or businesses affected by these provisions should confirm which sections are currently in force and how they interact with existing theft legislation.

Stalking protection orders

The Act amends the framework for stalking protection orders, which are civil orders available to protect victims of stalking before or alongside criminal proceedings. 

If you are a victim of stalking, or are subject to or at risk of a stalking protection order, the Act may affect the terms on which such an order can be made or varied. Legal advice specific to your circumstances is recommended.

Online knife sale checks

The Crime and Policing Act 2026 introduces requirements relating to age verification and delivery checks for online knife sales, aimed at reducing the availability of knives to those who cannot legally purchase them. 

The practical effect on a defendant charged with a knife-related offence will depend on which provisions are in force and what conduct is alleged.

Child criminal exploitation definition

The Act introduces a statutory definition of child criminal exploitation. 

This has potential relevance for defendants who raise exploitation as context in a criminal case, as well as for prosecutors and courts considering whether a young person should be treated as a victim rather than an offender. 

Sentencing and Court Procedure Updates

The Sentencing Council updated several guidelines during 2026 to reflect changes introduced by new legislation and court decisions.

Amendments made in March addressed the new presumption against immediate short prison sentences.

Further changes took effect on 1 October 2026, including updates relating to community sentences, probation requirements and changes to prison release arrangements.

The Act also replaced the term rehabilitation activity requirement with probation requirement and changed some of the rules governing those activities.

On 5 October 2026, further sentencing guideline amendments took effect concerning how courts record findings of domestic abuse in relevant cases.

These updates matter because sentencing guidelines help judges and magistrates decide which penalties are appropriate. However, the applicable rules may depend on the date of conviction, sentencing or the alleged offence.

Changes to prison release arrangements have also affected guidance on driving disqualification periods where a person receives an immediate custodial sentence.

Anyone approaching sentencing should ensure that the court is applying the correct legislation and guidelines.

What These Criminal Law Changes in 2026 Mean for Defendants and Families

The effect of the 2026 reforms depends on your circumstances. If you are facing sentencing, the new rules concerning short prison sentences may be relevant.

However, the presumption in favour of suspension does not guarantee that you will avoid immediate custody. The offence, your previous convictions, any existing court orders and the circumstances of the case will all matter.

If you are already serving a prison sentence, the changes to release arrangements may affect when you become eligible for release. However, the new progression model does not apply to every prisoner.

Your sentence type, the offence and any applicable transitional arrangements must be checked before a release date can be confirmed.

For families, changes to release arrangements can create uncertainty about when someone may return home and what supervision will apply afterwards.

Release on licence also involves continuing obligations. A prisoner who breaches licence conditions may be recalled to custody, even after being released under the new arrangements.

If your case involves one of the offences affected by the Crime and Policing Act 2026, the relevant provisions must be checked to establish whether they were in force when the alleged conduct occurred.

The important point is that new legislation does not necessarily apply retrospectively or affect every ongoing case.

Reforms Still Awaiting Implementation

Several reforms introduced during 2026 have not yet been fully implemented. Both the Sentencing Act 2026 and the Crime and Policing Act 2026 are being brought into force in stages.

Some provisions took effect shortly after Royal Assent, while others began operating later in the year. Further measures may require separate commencement orders before they can be used.

For example, although the Sentencing Act introduces four new community and suspended sentence requirements, only three began operating on 1 October 2026.

The Crime and Policing Act also contains provisions concerning antisocial behaviour, shop theft, stalking and online knife sales that have different implementation arrangements.

A provision being included in an Act does not necessarily mean that police, prosecutors or courts can already rely on it. Before relying on a new rule, the date it came into force must be confirmed.

How a Criminal Defence Solicitor Can Help

The criminal law changes introduced during 2026 affect different stages of a criminal case, from investigation through to release from custody. 

A solicitor can review the specific facts of your case against the current law, confirm which provisions were in force on the dates that matter and advise on how those provisions affect your position.

For defendants approaching sentencing, a solicitor can present the presumption against short sentences accurately to the court and address any argument that exceptional circumstances apply. 

They can also advise on what the new community order requirements may mean in practice if the court is considering a community or suspended sentence order.

For families of serving prisoners, a solicitor can explain the earned progression model and how it applies to the specific sentence being served, including whether transitional provisions affect the position.

For anyone under investigation for conduct that may engage provisions of the Crime and Policing Act 2026, including charges related to antisocial behaviour, retail theft or knife offences, a solicitor can confirm whether the relevant provision is in force and how it affects the investigation or charge.

Speak to our criminal defence team for advice about your position and next steps.