Prison Sentences

The Sentencing Act, which received Royal Assent on 22 January 2026, makes reforms to reduce the use of short custodial sentences, tackle the cycle of reoffending and place the criminal justice system on a more sustainable footing.

The Act introduces a presumption for the courts to suspend short custodial sentences of 12 months or less. We are not abolishing short sentences, judges will always retain the power to send offenders to prison where they have breached a court order, an individual is at significant risk of physical or psychological harm, or in exceptional circumstances that do not justify a suspended sentence. We have also given courts the power to suspend sentences of up to 3 years (increased from 2 years) and extend the period the sentence can be suspended for to 3 years when the court suspends a sentence of over 2 years.

Evidence shows community orders and suspended sentences can be more effective at reducing reoffending than short custodial sentences. Around 60% of adults jailed for under a year reoffend within 12 months. Ministry of Justice matched cohort research shows offenders released from short prison sentences of less than 12 months reoffend at a higher rate (up to 4pp) than similar offenders given a community or suspended sentence. We are following the evidence to reduce crime, leading to fewer victims and safer communities.