Recent changes to criminal law (England & Wales)
Changes to the law that matter to people dealing with the police, the courts or a criminal record in England & Wales, newest first. Each entry says whether it is in force, passed but not yet in force, or only proposed.
Updates to this guide
Glossary, family guide and more tools added
A 45-term criminal law glossary, a guide for family and friends when someone is arrested, a guilty plea discount explainer, a going-to-court checklist, and in the app a stop and search checker, a victims and witnesses section and offline access to Emergency Mode.
Guides, offence pages and tools published
13 topic guides (156 questions), 30 offence guides, a spent convictions checker, a penalty points calculator and a step-by-step guide to the criminal process were published, all checked against the law as at 25 September 2026.
Changes in the law
Respect orders for anti-social behaviour
Respect orders for anti-social behaviour and related changes to anti-social behaviour powers are due to commence on 26 October 2026.
Source: Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026
New community and suspended sentence requirements
From 1 October 2026 courts can add requirements banning driving, attending public events or entering drinking establishments to community and suspended sentence orders, and the rehabilitation activity requirement is renamed the probation requirement. These were first due on 2 September 2026 but were postponed.
Source: Sentencing Act 2026 (Commencement No. 5) (Amendment) Regulations 2026
New release points: one-third for most sentences
Most standard determinate sentences now released at 40% or 50% will be released at one-third, and those now released at two-thirds (certain serious violent or sexual offences) at one-half. Sentences for excluded offences, including manslaughter, rape, serious child sexual offences and causing death by driving, keep their current release points. Phased for existing prisoners until 8 June 2027 (12 October 2027 for those already out on home detention curfew). Originally due 2 September 2026.
Source: Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026
First Crime and Policing Act 2026 measures
In force from 29 June 2026 include offences of concealing identity at protests, climbing on specified memorials, trespassing with intent to commit an offence, arranging or facilitating begging for gain, and making or supplying 'nudification' tools that create purported intimate images. The Vagrancy Act 1824 was repealed on the same day, under the Police, Crime, Sentencing and Courts Act 2022.
Source: Crime and Policing Act 2026 (Commencement No. 1 and Saving Provision) Regulations 2026
Crime and Policing Act 2026: retail worker assault and shoplifting
Creates a specific offence of assaulting a retail worker (summary only, up to 6 months) and makes shoplifting of goods worth £200 or less triable either way. Neither was in force at 25 September 2026 and no commencement date had been set by regulations.
Fixed 56-day recall for most prisoners
Most people recalled to prison while serving an adult standard determinate sentence serve 56 days in custody and are then re-released on licence, unless excluded.
Source: Sentencing Act 2026 (Commencement No. 1) Regulations 2026
Presumption to suspend sentences of 12 months or less
Courts must suspend prison sentences of 12 months or less unless exceptions apply, and can now suspend sentences of up to 3 years (previously 2 years), with an operational period of up to 3 years where the term is over 2 years.
Courts and Tribunals Bill (jury trial changes)
Would remove the right to elect jury trial for either-way offences, allow judge-only Crown Court trials in some cases and restrict automatic appeals from magistrates. Carried over to the 2026-27 session; Commons report stage scheduled for 13 October 2026. Not law.
Sentencing Act 2026 receives Royal Assent
Reforms sentencing and release: presumption to suspend short sentences, longer suspended sentences, new community order requirements, fixed 56-day recall and earlier release points. Provisions commence on different dates (see separate entries).
Consultation on lower drink-drive limit and motoring penalties
The DfT consulted (to 11 May 2026) on lowering the England and Wales drink-drive limit to Scottish levels, penalty points for not wearing a seatbelt and tougher failure-to-stop penalties. Responses are being analysed; no change yet.
Source: GOV.UK: Proposed changes to penalties for motoring offences
Leveson Independent Review of the Criminal Courts (Part 1)
Sir Brian Leveson recommended reforms to reduce the Crown Court backlog, including restricting jury trial for some either-way offences. Part 2 (efficiency) was published on 4 February 2026. These are recommendations, not law.
Source: GOV.UK: Independent Review of the Criminal Courts: Part 1
Magistrates' sentencing powers raised to 12 months
Magistrates can impose up to 12 months' imprisonment for a single either-way offence (previously 6 months). The limit for a summary-only offence remains 6 months.
Early release at 40% (SDS40)
Many prisoners serving standard determinate sentences became eligible for automatic release at 40% instead of 50% of the sentence, with specified offences excluded (including sexual, terrorism and some domestic abuse and violent offences). Sentences of 5 years or more imposed earlier followed on 22 October 2024.
Source: Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024
Victims and Prisoners Act 2024
Royal Assent 24 May 2024, with provisions being commenced in stages. For example, since 1 October 2025 non-disclosure agreements cannot stop victims of crime reporting to police, lawyers and support services.
Source: Victims and Prisoners Act 2024 (Commencement No. 6) Regulations 2025
Online Safety Act communications offences
New offences came into force including false communications, threatening communications, sending flashing images to trigger seizures, encouraging serious self-harm, cyberflashing and sharing or threatening to share intimate images.
Shorter rehabilitation periods (spent convictions)
Police, Crime, Sentencing and Courts Act 2022 s.193 cut most rehabilitation periods, removed the community order buffer and allowed prison sentences over 4 years to become spent (except for serious violent, sexual and terrorism offences). Unspent conditional cautions and convictions now always appear on standard and enhanced DBS checks.