Key Changes Under the Sentencing Act 2026: What You Need to Know

Significant new Bail Act reforms

The Sentencing Act 2026 (the ‘Act’) reforms the bail and remand framework for adult defendants and convicted offenders by amending the Bail Act 1976.

These changes, which came into force 22 March 2026, are the Government’s attempt at reducing the prison population in England and Wales. In February 2026, this stood at 87,249 and was forecast to increase by more than 3,000 each year, reaching between 100,200 and 108,200 prisoners by November 2032. The Act is intended to reduce demand for prison places by 7,500 by 2026.

Reform of the “No Real Prospect” Test

A central change is the amendment of the longstanding “no real prospect of custody” test. Under the revised framework, the test becomes whether there is a “no real prospect of immediate custody.”

This amendment sits alongside the wider reform of the presumption in favour of suspending prison sentences of 12 months or less. A court in England and Wales could previously only suspend a prison sentence of less than 2 years. Under the Act, sentence of up to 3 years can be suspended. What this means is that, where custody is unlikely, remand should be less frequently applied.

This revised legal test applies to defendants facing trial and, importantly, those who have been convicted offenders who are waiting often for lengthy periods on remand to be sentence.

Expansion of Electronic Monitoring as a Bail Condition

The Act also reforms the use of electronic monitoring (tagging) in bail decisions. Previously, electronic monitoring could only be imposed where it was necessary to avoid remanding a defendant in custody. This created a relatively narrow gateway for its use.

Under the new provisions, this restriction is removed. Courts may now impose electronic monitoring as a bail condition even where it is not strictly required to prevent a custodial remand. This creates a more flexible use of monitoring in cases where there is a realistic prospect of a suspended sentence, but no real prospect of immediate imprisonment.

This change is likely to increase the use of electronic monitoring.

Introduction of Additional Statutory Factors

The Act further amends the Bail Act 1976 by expanding the list of factors that courts must consider when determining whether to grant bail or remand a defendant in custody.

In addition to existing considerations - such as the seriousness of the offence and the defendant’s character - courts must now explicitly consider whether the defendant:

• • is pregnant;
  • is a primary caregiver; or
  • has been a victim of domestic abuse.

While the court had discretion previously to take such factors into account, their inclusion in the Act makes them mandatory considerations in any bail assessment. This development reflects a broader recognition of the potential impact of remand decisions on vulnerable individuals and dependants.

What does this mean for you?

The amendments introduced by the Act have been designed to reduce the prison remand population and to promote appropriate consideration to personal circumstances to ensure fair decisions in remanding a defendant to custody.

These changes will require careful consideration in practice as bail hearing will become longer and increasingly resemble quasi-sentencing hearing.

At Sonn Macmillan Walker, we regularly advise and represent clients at all stages of the criminal process, including at the critical early stages where bail decisions are made.  We can assist by:

• • Providing clear advice on the likelihood of custodial versus non-custodial outcomes in light of the revised “no real prospect of immediate custody” test.
  • Preparing robust bail applications, including detailed representations on a client’s personal circumstances.
  • Ensuring that your relevant personal factors, such as caregiving responsibilities, pregnancy, or experiences of domestic abuse are properly brought before the court.

For further information or to discuss how these changes may affect you, please contact Daniel Cavaglieri of our Police Station and Magistrates’ Court Team.