18 February 2026
On Thursday 22 January 2026, the Sentencing Act received Royal Assent – marking the most significant shift in sentencing law in years. Many of the changes were taken forward from recommendations made to the independent Sentencing Review, led by David Gauke, which T2A responded to in full last year.
Although it is now set out in law, many of the provisions will take time to come into force.
Key changes
The main changes relevant to T2A’s work include:
- Deferment of sentences (delaying the imposition of a prison sentence in favour of a suspended sentence or community order, subject to compliance with requirements, such as drug treatment) increased from six to 12 months.
- The introduction of a presumption to suspend prison sentences of 12 months or less; combined with more stringent licence conditions after release, with closer supervision in the community.
- Changes to community sentence requirements including expanded use of curfews, exclusion or restriction zones, tagging, behaviour requirements and rehabilitation conditions.
Our view
The provisions in the Sentencing Act marked a series of missed opportunities to take a bespoke approach to young adults to ultimately divert them away from the criminal justice system at a developmentally crucial point in their lives. Our position is that the criminal justice system, as it currently operates, is not fit for purpose to meet the distinct and pressing needs that young adults have, and that it serves as an institution of harm rather than rehabilitation.
Despite this, there are provisions that we are largely in agreement with. In our response to the Sentencing Review, we acknowledged that deferred community sentences and other forms of diversion are ways to alleviate the pressures on the system, and we are pleased to see more credence given to these options within the Act.
Deferred sentences
The increasing of the time allowed for a deferred sentence is positive – we recognise that for many young adults, positive change can take time, to allow for the processing of trauma; the effects of poverty; problems with drugs and alcohol; mental ill health; experiences of domestic abuse; and violence. Working with young adults to overcome these challenges is not an overnight fix, therefore we welcome to increase in the time to defer sentences.
Custodial sentences
Whilst it is a positive step in the right direction to introduce a presumption to suspend short prison sentences – particularly for those engaged in low-level crime due to unmet needs – we know that young adults continue to be disproportionately overrepresented in custody1, those who continue to receive custodial sentences are receiving even harsher treatment.
Since 2010, average sentence lengths for young adults rose from 16.3 to 24.5 months2, and racial disproportionality widened rather than narrowed – Black young adults now appear in court at three times the rate of white counterparts3 and receive sentences 80 per cent longer on average4. The rate of immediate custodial sentences for young adults remains twice as high as for those over 24, and has risen to more than 12 times higher than for under 18s.5 This means that many young adults will be out of scope to benefit from the move away from short prison sentences, because they are above the 12-month threshold.
T2A is disappointed that the opportunity for a specific young adult sentencing framework for 18–25-year-olds was missed from these reforms. T2A has consistently highlighted long-standing neuroscientific evidence on the maturation of young adults, which shows that the brain remains in an active state of development until about 25. In practice, this means that young adults have not fully developed the cognitive abilities which are necessary for prosocial behaviour, and are more likely to have immature and compromised core cognitive abilities, including poor impulse control, and engagement in risk-taking behaviours.
Despite the maintaining of the status quo within this Act, we continue to advocate for a separate statutory sentencing framework for young adults, akin to that for children, reducing the lengths of adult sentences by a certain proportion, in line with T2A’s substantial evidence base demonstrating the unique needs and experiences of young adults.
Community sentences
Although court appearances for young adults fell by 76 per cent between 2007 and 2019,6 those who do find themselves in court for offences classified as serious have been increasingly more likely to receive custodial sentences, and less likely to receive community sentences. Provisions within the Sentencing Act to prioritise community sentences over short custodial sentences, and longer deferred sentences, are welcome, though we have concerns about an increasingly punitive approach to community sentences, including expanded use of curfews, exclusions or restriction zones, and tagging.
T2A’s view is that there is scope to develop young adult-specific community orders as part of a distinct framework, linking in with the above proposal for a separate statutory framework for sentencing young adults. An approach specifically for young adults should be grounded in therapeutic principles, supporting identity shift and the development of social capital – particularly belonging – alongside purposeful activity. Learnings can be taken from existing or previously existing initiatives, such the Youth to Adult (Y2A) Hub in Newham, London: a multi-agency hub for all young people on probation integrating support with drugs and alcohol, emotional wellbeing, restorative justice and housing (amongst other things) under one roof; or the Intensive Alternative to Custody (IAC) pilot programme in Greater Manchester, which targeted young adults aged 18-25 who were at risk of short–term imprisonment by combining intensive probation supervision with various interventions, including education, employment support, and mental health services.
Our concern is that by focusing on punitive and restrictive elements of community sentences, such as curfews, exclusion zones and electronic monitoring, we lose the opportunity to implement developmentally-appropriate community solutions for young adults that address the root cause of their involvement in crime, that can serve to prevent reoffending and enable young adults to break free from cycles of harm.
We also know that many community services have a long way to go in terms of being gender-specific, anti-racist and culturally competent, and would like to see increased funding for community services diverted to small, specialist organisations who are able to deliver support to racially minoritised and marginalised young adults, and who operate in heart of their communities.
Looking forward
Ultimately, our vision includes legislation and policy around young adults and criminal justice to be centred around a mission-led, system-wide shift away from punitive, ‘one-size-fits-all’ adult-oriented sentencing, and moving towards a wraparound, tailored, developmentally informed approach for young adults. Over the last few months, we’ve been busy co-creating a vision and blueprint that reimagines and transforms justice for young adults, in partnership with practitioners; young adults with lived experience; academics; and private, public and civil society organisations. Together, we’ve been deliberating on how we achieve a shared goal: reimagining ‘justice’ not merely as punishment, or retribution – but as a way forward, grounded in fairness, care, accountability, and renewed hope for all.
For young adults, this is about far more than sentencing: it is about whether the system continues to compound existing trauma, particularly by placing them in criminogenic institutions widely regarded as not fit for purpose, or instead responds in safe, evidence-based and trauma-responsive ways that recognise experiences of harm, the capacity for change, and the importance of proportionate accountability. Getting this right will not only shape individual futures, but strengthen the safety and wellbeing of our communities.