The Sentencing Act received Royal Assent on 22 January, the culmination of a process kickstarted by the commissioning of David Gauke to lead the Independent Sentencing Review. We have provided updates (here) on the review’s progress and the Act (here) as it has moved through Parliament, and reiterate its key provisions, and their timeline for implementation in this blog.  

Implementation of key measures – Spring 2026: 

The passage of the Act does not mean immediate implementation of its key measures. A number of these measures will come into force in the coming weeks. These include: 

• The presumption to suspend custodial sentences of 12 months or less (with exemptions)
• The extension of the period of time for which a custodial sentence can be suspended, from 2 to 3 years
• Extending the maximum period that a sentence can be deferred, from 6 to 12 months
• An amendment to the Bail Act to limit custodial remand where prison is unlikely  

The changes to the current recall model will take effect on 31 March. These changes will introduce 56-day fixed recalls for the majority of people who have served standard determinate sentences – replacing the previous 14 or 28-day recalls. Longer, standard recalls will be replaced in most instances, with exemptions in place. These changes will be applicable to offenders already in custody. 

The progression model: 

The progression model, which will see the majority of people serving standard determinate sentences eligible for release at the 33% point of their sentence, will not be operationalised until the Autumn.  

The implementation of the progression model will be backed by a significant expansion of tagging as part of more restrictive licensing conditions to be imposed on release from prison until the two-thirds point of the sentence, and an expansion in the provision of Community Accommodation Services to cater for increased demand in the community.  

Operationalising the changes: 

The operational implementation of the headline measures will be delivered nationally through the Capacity Delivery Portfolio Board (CDPB) led by the DG CEO of HMPPS. Four ongoing programmes will report into this board: prisons implementation; Our Future Probation Service (OFPS); the expansion of electronic monitoring (EM) and Community Accommodation Services (CAS). This will be supported by a Criminal Justice Operational Implementation Taskforce.  

Factoring in the imminent second report of the Leveson review into courts, there is a joint ISR/IRCC (Independent Review of Criminal Courts) Group, also chaired by HMPPS’ DG CEO alongside the CEO of HMCTS, with membership incorporating a range of criminal justice partners. 

Next steps: 

We will be continuing to advocate for the sector’s interests as the implementation of the Act moves forward. At the centre of this advocacy will be the call for increased funding of the voluntary sector – a key recommendation from the Independent Sentencing Review. With the increased demand on community voluntary services as a result of many of the Act’s provisions, it will be vital that the resources are in place to support the sector.