Changes to Bail and Remand – what does it mean for you?
The Sentencing Act 2026 will come into force on 22 March 2026. One of its key aims is to reduce the number of people held in custody where an immediate prison sentence is unlikely. But what does this actually mean for decisions about bail and remand?
The new “no real prospect of immediate custody” test
One of the main changes is is to the test the court applies when deciding whether someone should be remanded into custody.
Previously, the court considered whether there was “no real prospect of a custodial sentence.” This test has been amended to the “no real prospect of immediate custody” test, but what does that mean?
The change reflects a wider reform introduced by The Sentencing Act 2026.
Presumption against short immediate prison sentences
The Act introduces a presumption that custodial sentences of 12 months or less will be suspended. With this presumption in place, it should mean fewer individuals will receive immediate custodial sentences for lower-level offences. In turn, this allows your solicitor more scope to argue that bail should be granted in your case. In practical terms, if the court believes someone is unlikely to be sent straight to prison, it should be more difficult to justify keeping them in custody before sentencing. In short if you are not going to receive immediate custody bail is more likely.
The revised test also now applies to those already convicted but awaiting sentencing.
Expanded use of electronic monitoring
The Sentencing Act 2026 also amends the eligibility criteria for electronic monitoring in the Bail Act 1976. Previously electronic monitoring was seen as a direct alternative to custody. Under the new framework, an electronic monitoring requirement will be available where the court concludes that there is a real prospect of a suspended sentence and no real prospect of an immediate custodial sentence.
This means courts have greater flexibility to grant bail with conditions, rather than remanding someone into custody.
Personal circumstances must now be considered
While courts have always been able to take personal circumstances into account when deciding bail, the Sentencing Act 2026 now makes this mandatory.
The Sentencing Act 2026 expressly requires courts to consider factors such as:
- whether the defendant is pregnant;
- whether they are a primary carer; and
- whether they are a victim of domestic abuse.
These factors are now written into law, making it less likely that they will be overlooked when bail decisions are made.
What is the overall effect?
The purpose of these changes is to ensure that:
- fewer people are remanded into custody where immediate imprisonment is unlikely;
- more defendants are granted bail with conditions, including electronic monitoring; and
- greater weight is given to caring responsibilities and vulnerability.
Limitations
It is important to understand that this legislation does not guarantee bail.
Courts may still refuse bail where there are substantial grounds to believe that a defendant would:
- fail to attend court;
- commit further offences; or
- interfere with witnesses or the course of justice.
For this reason, skilled and experienced legal representation remains essential.
How the Public Defender Service can help
At the Public Defender Service, our experienced and well‑respected advocates represent clients from the police station through every stage of the criminal justice process. We are well placed to advise on how these changes may apply to your individual circumstances and to make robust bail representations where appropriate.
If you would like advice about how the Sentencing Act 2026 may affect your case, please get in touch with our team.