When a Judge hands down a prison sentence, victims and their families could understandably expect that sentence to represent the period the offender will spend in prison. In reality, the way a sentence operates can be very different – and recent changes under the Sentencing Act 2026 have brought that issue firmly into focus.
Having supported victims and bereaved families through criminal proceedings, I have seen first-hand how difficult the sentencing process can be to understand, particularly when the sentence announced in court does not reflect the time that will ultimately be spent in custody.
What does a prison sentence actually mean?
There are several factors that can affect how a custodial sentence translates into time actually served in prison.
A guilty plea can result in a reduction in sentence, while time already spent in custody on remand will ordinarily be taken into account. The offender may then serve only part of the resulting sentence in prison before being released on licence.
There are legal and practical reasons behind each of these rules, but for victims, the cumulative effect can be extremely difficult to reconcile with the sentence they heard being imposed in court.
What is changing under the Sentencing Act 2026?
The Sentencing Act 2026 introduces a new “progression model” for eligible offenders serving Standard Determinate Sentences.
Under the new model, some offenders may be released after serving a minimum of one third of their sentence in custody, with more serious offences subject to a minimum of one half. Release can be delayed for serious breaches of prison rules.
Once released, offenders will continue their sentence in the community, initially under intensive supervision and licence conditions.
The Government says these changes are necessary to address pressure on prison capacity while placing greater emphasis on supervision and rehabilitation in the community.
Some serious offences have now been excluded from the Sentencing Act 2026
Under the original proposals, the new progression model would have applied to eligible offenders serving Standard Determinate Sentences, including some convicted of offences involving unlawful killing and causing death by dangerous driving. Depending on the sentence, this could have resulted in offenders becoming eligible for release after serving a smaller proportion of their sentence in custody than under the previous arrangements.
The proposals caused considerable concern among victims and bereaved families, particularly those who had already been through the sentencing process believing they understood when an offender might be released.
On 4th August 2026, the Government announced that rape, serious child sexual offences and grooming offences would be excluded from the new arrangements.
Then, on 30th August 2026, it went further, announcing that offences relating to unlawful killing would also be excluded. This includes manslaughter, causing death by dangerous driving and causing death by careless driving while under the influence of drink or drugs.
For bereaved families who had faced the prospect of an offender being released substantially earlier than they had previously expected, this change will be significant. However, the fact that the proposals had to be reconsidered also raises a wider question about how the impact on victims is considered when major changes to sentencing and release arrangements are introduced.
The impact of the Sentencing Act 2026 on victims and their families
The Sentencing Act itself expressly adds the protection of victims of crime to the statutory purposes of sentencing.
Yet for victims, there can still be a significant difference between hearing a sentence imposed in court and understanding when an offender may actually leave prison.
The Government has recognised that changes to release dates can be distressing and has published specific guidance for victims affected by the new arrangements. Eligible victims who opt into the Victim Contact Scheme can also receive information about release and make representations about certain licence conditions.
These are important safeguards, but information after sentencing does not necessarily address the underlying issue: whether victims sufficiently understand at the point of sentencing what the sentence imposed will mean in practice.
Furthermore, the way changes to sentencing and release arrangements are communicated to victims and their families is crucial. Those affected should not be left to discover significant changes through the media or be faced with uncertainty about what they could mean for an offender’s release date. This issue has been highlighted through a recent case in which Ralli Solicitors LLP has supported the family of one of the victims, and which subsequently received media coverage, including this Daily Mail article here. We refer to the case and article with the full permission of our client, Hannah Greenhalgh, wife of Matthew Greenhalgh.
Clear, timely and sensitive communication should be a fundamental part of supporting victims throughout the criminal justice process.
Ralli Solicitors LLP are here to support victims through the criminal justice system
For victims and bereaved families, criminal proceedings are about far more than understanding legislation and sentencing calculations. They may be trying to process an event that has changed their lives while dealing with a criminal justice system that can feel unfamiliar and, at times, difficult to understand.
Through our work at Ralli Solicitors LLP, we support victims and their families through this process, explaining what is happening, what decisions mean and what they can expect next.
Whatever changes are made to sentencing policy, victims must remain at the heart of the criminal justice system and be given clear, timely information about what a sentence really means.
For advice and support in relation to a criminal matter, please contact Stephen Fox or Lynn Mahon in the Crime and Regulatory team at Ralli Solicitors LLP on our 24-hour crime helpline 0161 615 0660, or email enquiries@ralli.co.uk.
Learn more about our services on our website here: ralli.co.uk/practice-areas/crime-law.
