Correspondence

Circular No. 2026/ 01: Bail Act 1976: Amendments to the bail framework by the Sentencing Act 2026

Published 19 March 2026

Applies to England and Wales

Circular No. 2026/xx

Bail Act 1976: Amendments to the bail framework by the Sentencing Act 2026

From: Remand Policy Team, Prison Demand and Release Policy

Issue date: 19 March 2026

Commencement date: 22 March 2026

For more information contact: Nadia.rosun2@justice.gov.uk or Susannah.keogh@justice.gov.uk

Broad Subject: Criminal Justice

Sub category: Adult bail and remand

This circular is of interest to:

Lord Chief Justice, Justices of the Supreme Court, President of the Queen’s Bench Division, Deputy Head of Criminal Justice, Senior Presiding Judge for England and Wales, Lords Justices of Appeal, High Court Judges, Presiding Judges, Resident Judges, Crown Court Judges, District Judges (Magistrates’ Courts), Chairmen of the Justices, Director of Public Prosecutions, Chief Officers of Police in England and Wales, Chief Executive of HM Courts and Tribunals Service, Chief Crown Prosecutors, Chief Probation Officers, Director of Crime, Delivery Directors, Heads of Crime, Cluster Managers, Regional Support Units, Court staff Magistrates Courts, Court Staff Crown Courts, Clerks to the Justices, Judicial College Council of Circuit Judges, Magistrates’ Association, National Bench Chairmen’s Forum, Bar Council, Criminal Bar Association, Law Society, Justices’ Clerks’ Society, National Police Chiefs’ Council.

The adult bail changes

Introduction

1. The purpose of this circular is to explain the changes to the bail and remand framework for adults in the Sentencing Act 2026.

2. This circular is for guidance only and should not be regarded as providing legal advice. Guidance for prosecutors on the topic of bail and remand, is available on the CPS website.

Bail Act changes

3. The Sentencing Act 2026 establishes a package of amendments to the Bail Act 1976 to help reduce the prison remand population.

4. The first change to the Bail Act 1976, as amended by the Sentencing Act 2026, is a change to the ‘no real prospect’ test. The Sentencing Act introduces a presumption to suspend short sentences of 12 months or less. With a presumption in place, immediate imprisonment is expected to become less likely in these cases, and the court should be able to better anticipate whether a defendant will go on to receive a sentence of immediate custody when deciding whether to grant or refuse bail.

5. Where an immediate custodial sentence appears unlikely, it follows that there is less justification for remanding a defendant into custody. The ‘no real prospect’ test is therefore amended to a ‘no real prospect of immediate custody’ test, so that fewer exceptions to bail will apply.

6. The ‘no real prospect of immediate custody’ test will apply where the court considers a) that there is no real prospect that the defendant will be sentenced to an immediate custodial sentence and b) to defendants who have been convicted but are awaiting sentence.

7. The second change to the Bail Act 1976 concerns the ability of the court to impose electronic monitoring. Currently, the Bail Act 1976 provides that electronic monitoring can only be imposed on an adult defendant where the court is satisfied that without the requirement the person would not be granted bail. This means that without a change to the Bail Act 1976, those defendants that would now be bailed under the amended “no real prospect” test could only be subject to electronic monitoring where it was necessary to prevent a remand into custody on one of the more limited exceptions to bail that would apply by virtue of the “no real prospect” test.

8. The changes made by the Sentencing Act 2026 amends the test for eligibility for electronic monitoring in the Bail Act 1976 for defendants, so that it is no longer necessary for electronic monitoring to be an alternative to a remand in custody.

9. If the statutory conditions are met, 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.

10. The final change being made to the Bail Act 1976 is the addition of further statutory factors that the court should consider when deciding whether to bail or remand. The Bail Act 1976 currently provides that when considering whether certain exceptions to bail apply, the court should have regard to certain factors such as the character of the defendant, the seriousness of their offence, “as well as to any others which appear to be relevant”.

11. The Bail Act is amended and adds the following factors as potentially relevant factors to this list: the defendant is pregnant; the defendant is a primary caregiver; and the defendant has been a victim of domestic abuse. While these factors can already be taken into account where relevant, including them in legislation will help ensure that the court takes them into consideration.

Useful links

Sentencing Act 2026 Bail – Part 3, Paragraph 44

Bail Act 1976