Criminals convicted of serious offenses in England and Wales are avoiding immediate imprisonment as magistrates and judges reportedly interpret a new legal presumption to suspend sentences of up to 12 months as a directive to do so in most cases. This interpretation follows the implementation earlier this year of the Sentencing Act 2026, which introduced a presumption that custodial sentences lasting a year or less should be suspended.

Senior legal professionals across courts have indicated that this presumption has effectively led to the automatic suspension of short-term prison sentences, raising concerns about public safety and the adequacy of punishment for violent offenders. The issue has prompted criticism from opposition politicians and campaigners.

In response to public outcry, Andy Burnham, the Secretary of State for Justice, announced on Wednesday that the government would delay the launch of its early prisoner release scheme, which had been scheduled to begin in September. The "earned progression model" would have enabled more than 5,000 inmates, including violent offenders and sex offenders, to be released after serving as little as one-third or half of their sentence, depending on the category of offence, on account of good behavior. Burnham emphasized that no prisoners would be released under this scheme until an urgent review was completed to assess risks to public safety and implement necessary safeguards.

This decision followed particular backlash over the planned early release of individuals connected to the killing of PC Andrew Harper in 2019, a case that galvanized public concern regarding leniency. Harper’s mother, Debbie Adlam, characterized the pause as a step in the right direction but maintained it was insufficient.

Domestic abuse commissioner Dame Nicole Jacobs called for domestic abusers to be excluded from early release eligibility altogether, warning that such offenders pose ongoing risks to victims and communities. “They will stop at nothing to control, coerce and harm,” she said, urging ministers to reconsider existing policies.

Justice Secretary Alex Norris stated the delay would allow the government to review which prisoners would benefit from the early release scheme. Measures to delay releases or introduce controls to protect victims and the public were under consideration.

While the early release plans are on hold, the presumption to suspend prison sentences of 12 months or less remains in force. This includes sentences for serious crimes such as assaults on emergency workers and threatening behavior with weapons, including knives.

The government introduced the legislation with the stated aim of easing overcrowding in prisons as inmate populations have grown in recent years. However, the move has drawn sharp criticism from Conservative figures. Shadow Justice Secretary Nick Timothy described the legislation as “disastrous,” accusing Labour of allowing violent offenders to avoid meaningful jail time. Shadow Home Secretary Chris Philp labeled the presumption of suspended sentences a "catastrophic mistake," arguing that serious criminals, including knife carriers and prolific shoplifters, were effectively escaping imprisonment.

Former Lord Chancellor Sir Robert Buckland cautioned judges to carefully interpret the law, highlighting that it does not mandate suspension but rather establishes a presumption, and that judicial discretion remains crucial to ensuring proportional sentencing.

Andrew Thomas KC, vice-chairman of the Criminal Bar Association, defended the presumption, noting it encourages earlier guilty pleas, thereby reducing court backlogs, and stressed that suspended sentences typically come with stringent conditions, which mitigate the perception of leniency.

The Ministry of Justice has not provided further comment on the ongoing developments.