The UK’s latest law on sentencing came into force on March 22. Among other changes, the new law means that, in England and Wales, people who would previously have been sent to prison for short sentences will instead serve those sentences in the community.

This means they will need to attend appointments with probation, do certain rehabilitative activities and may also be restricted from doing certain things or going to certain areas. They might also be required to do a set number of hours of community service.

The new law requires courts to avoid imposing custodial sentences of less than 12 months, except in exceptional circumstances. It also extends the maximum sentence that can be suspended from two years to three. This gives judges discretion to suspend sentences for more serious offences that would previously have required immediate custody.

Possession with intent to supply class A drugs (where a guilty plea can reduce a starting-point sentence to three years); street robbery; the most serious forms of controlling and coercive behaviour; and a third conviction for domestic burglary could now all, in theory, be suspended.

At the end of 2025, there were around 3,500 people serving a prison sentence of less than 12 months in England and Wales. Around 44% of all prison sentences are shorter than 12 months. They tend to be imposed for offences such as shoplifting, common assault or breaches of restraining orders.

People given short sentences have the highest reoffending rates when compared to other sentences. Evidence from Scotland, where a similar legal approach has been in place since 2019, has found........

© The Conversation