Sentencing Act 2026: 56-day recall from 31 March

You’ve been asking when the new sentencing and bail rules actually start. The Ministry of Justice has now made the first commencement regulations for the Sentencing Act 2026, signed on 2 February 2026. They switch on different parts of the Act in England and Wales during March and early May. The Act itself received Royal Assent on Thursday 22 January 2026, which sets the backdrop for the timetable you’ll see below. Our guide walks you through the dates and what each change means in practice for learners and frontline teams. (prisonreformtrust.org.uk)

From 22 March 2026, section 44 of the Act begins. This changes the Bail Act 1976 in three practical ways. First, the “no real prospect” test is refocused so that fewer exceptions to bail apply where there is no real prospect of an immediate custodial sentence; crucially, the test now also applies after conviction but before sentence. Second, electronic monitoring can be set without proving it is the only alternative to custody. Third, Parliament has written extra factors into law for judges to weigh on bail, including pregnancy, primary caring responsibilities and being a victim of domestic abuse. (gov.uk)

From 31 March 2026, recall for adults serving standard determinate sentences moves to a clear rule of 56 days in custody after recall, followed by re‑release on licence unless an exclusion applies or the Secretary of State moves the case to the discretionary route. In statute this is the section 255BA automatic release period; the Secretary of State can still block automatic re‑release in set situations, for example if the person is charged with a new offence or poses more than a minimal risk of causing serious harm. (legislation.gov.uk)

Not everyone is eligible for automatic re‑release after the 56 days. Exclusions include extended sentence prisoners, certain offenders of particular concern, cases sent to the Parole Board as high‑risk, people charged with a further offence on recall, and a list of specified offences now set out in a new Schedule to the Criminal Justice Act 2003. These exclusions sit alongside the 56‑day model and are worth checking carefully in live cases. (legislation.gov.uk)

If you were recalled before 31 March 2026 and you are still in custody on that date, the new recall rules start for you on a staged timetable called the “relevant day”. The band depends on the length of your relevant sentence (the longest of any concurrent sentences): under 1702 days, 31 March 2026; 1702–2128 days, 14 April 2026; 2129–2576 days, 21 April 2026; 2577–3304 days, 28 April 2026; 3305–4438 days, 5 May 2026; 4439+ days, 12 May 2026. This staggered start is designed to keep transitions orderly for prisons and probation.

There is one extra step if the Parole Board has already decided you are unsuitable for release following a reference under section 255C(4). In that situation, the new rules only apply on the later of your relevant day or the day after a 56‑day period counted from the day after the Board’s decision is served on the Secretary of State. Worked example: if the decision is served on 1 March, the 56‑day period runs from 2 March to 26 April; the new rules bite on 27 April, unless your relevant day is later.

What this means on bail, in plain English. Courts will ask a simple question: is there a real prospect of an immediate prison sentence? If the answer is no, fewer exceptions to bail will apply, and electronic monitoring becomes a tool the court can use without proving it is the only way to avoid custody. The law also tells judges to consider pregnancy, primary caring roles and domestic abuse victim status explicitly when deciding bail. This is about making the decision‑making test clearer and more consistent across cases. (gov.uk)

What this means on recall. If you are on licence from a standard determinate sentence and you are recalled, you will usually serve 56 days and then be re‑released on licence. This is not a free pass: if you are charged with a new offence, fall into an excluded category, or are assessed as posing more than a minimal risk of causing serious harm, the automatic route will not apply and you may remain in custody under the discretionary route. The law sets these gateways so that public protection remains the first concern. (legislation.gov.uk)

Young people sentenced as children remain on a distinct track. The Act preserves a separate model for “relevant young offenders” recalled from youth sentences, with different suitability checks and timing. That split between adult standard determinate sentences and youth cases continues under these regulations, so always identify which route a case sits on before applying the 56‑day rule. (bills.parliament.uk)

For your study notes or team briefing, mark two anchor dates: Sunday 22 March 2026 for bail changes, and Tuesday 31 March 2026 for recall changes. If you manage cases, check which relevant‑day band applies to anyone recalled before 31 March, and record the 56‑day buffer in Parole Board refusal cases. If you’re learning the law, read sections 30–33 and 44 of the Act in sequence to see how the system fits together.