Harriet PriceOn 1 October 2026, the Sentencing Act 2026 came into force across England and Wales, releasing the first tranche of approximately 700 prisoners ahead of their originally expected dates. For most victims, the change is unsettling but abstract. For survivors of domestic abuse, the implications are more specific — and the legal landscape they relied upon has quietly shifted beneath them.
What the Sentencing Act 2026 Actually Changed
England and Wales were housing a record 87,300 prisoners in 2024, with projections pointing toward 100,000 by 2030. The Sentencing Act 2026 — which received Royal Assent on 22 January 2026 and came into force on 1 October — was designed to ease that pressure through a phased early release programme.
Under the new framework, prisoners serving less serious offences who previously served 40% to 50% of their sentence will now be released after a third. A second group, previously held until two thirds of their sentence, will leave at the halfway point. Implementation is phased across ten tranches from October 2026 through to June 2027, based on sentence length. The Ministry of Justice estimates that up to 5,000 additional prisoners will be freed within the next 12 months.
Exclusions do exist: offenders convicted of rape, child sexual offences, manslaughter, and serious violent offences carrying sentences of four or more years are not eligible for early release under the scheme. But here is the detail that matters for domestic abuse survivors: the Sentencing Act 2026 did not carry forward the specific domestic abuse protections that existed under the earlier SDS40 scheme.
The Protection Domestic Abuse Victims Had — Until Now
When the government introduced the SDS40 early release scheme in September 2024, it explicitly listed domestic abuse-related offences as excluded from early release regardless of sentence length. Stalking, coercive or controlling behaviour, non-fatal strangulation, and other domestic abuse offences were ring-fenced — a direct acknowledgement that victims of these crimes needed additional certainty about when their abusers would be freed.
The Sentencing Act 2026 does not replicate that list. While it retains the most serious crime exclusions, the specific domestic abuse carve-out that existed in SDS40 is gone. Domestic Abuse Commissioner Nicole Jacobs publicly criticised the decision, noting it left victims who had been told their abusers were excluded from early release facing a release timeline that had fundamentally changed without adequate warning.
The result is that a perpetrator sentenced to 18 months for coercive control or stalking — offences that were explicitly excluded under SDS40 — now falls within the scope of the scheme and may serve as little as six months. According to the House of Commons Library briefing published alongside the Act's passage, the government expects the scheme to free thousands of offenders in categories that were previously protected under earlier emergency measures.
When Emma's Abuser Was Freed Earlier Than She Expected: A Concrete Scenario
Emma is a 34-year-old teacher from Leeds. Her former partner was convicted in April 2026 of stalking and coercive control, receiving an 18-month custodial sentence. When she was told about the SDS40 protections, Emma planned around a release date no earlier than September 2027. Under the Sentencing Act 2026, without the domestic abuse exemption, her ex-partner is now within the scope of the one-third release rule — a potential release in October 2026, twelve months earlier than Emma had structured her life around.
The financial and practical consequences of this shift depend almost entirely on one decision Emma made — or did not make — months earlier.
If Emma did not register with the Victim Notification Scheme: She receives no advance warning of his release date. She may only learn he is free when he makes contact or appears near her address. Obtaining an emergency Non-Molestation Order from a family court in these circumstances typically requires £500 to £1,200 in urgent solicitor fees, and significantly more if the application must be made out of hours or over a weekend.
If Emma registered with the VNS and acts during the release window: She is entitled to at least 28 days' notice before his release. That window allows her to apply for a Domestic Abuse Protection Order (DAPO) — a tool whose nationwide rollout across England and Wales begins on 25 November 2026 following a successful pilot scheme. Under a DAPO, her former partner is legally required to notify police of his name and home address within three days of the order being made, and within three days of any subsequent change. Conditions can include exclusion zones around Emma's home, workplace, and her children's school. Legal aid for DAPO applications is available to domestic abuse victims regardless of income under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. A solicitor consultation to begin proceedings typically costs £300 to £500.
The if/then logic is direct: if a domestic abuse conviction exists and the victim has not yet registered with the Victim Notification Scheme, acting before the first release date is categorically less expensive — financially and personally — than responding to contact after the fact.
What Legal Tools Remain Available Right Now
Even with the SDS40 domestic abuse exemption removed, several legal mechanisms give victims enforceable protection:
Victim Notification Scheme (VNS): Any victim of an offender sentenced to 12 months or more can register for free with the National Probation Service. Registration triggers an obligation to provide advance notice of release — at least 28 days — and allows victims to make representations about licence conditions. This is the single most important step victims can take before a release they did not expect.
Licence conditions: All offenders released under the Sentencing Act 2026 are subject to licence conditions and a period of intensive supervision. Registered VNS victims can request that conditions include specific restrictions — prohibitions on entering a defined area, or contact bans with the victim and their family.
Domestic Abuse Protection Orders (DAPOs): Currently piloted and entering national rollout from 25 November 2026. Unlike older protection orders, DAPOs carry a mandatory police notification requirement: perpetrators must tell police their address within three days of the order being made and within three days of any change. Breach of a DAPO is a criminal offence. Applications are made through a magistrates' court.
Non-Molestation Orders: Available from family courts. These can be sought without giving the perpetrator advance notice (on a 'without notice' basis) where immediate risk is present. Unlike DAPOs, they do not require perpetrators to register their address.
Restraining Orders: Where a conviction has already been secured, courts can attach a Restraining Order under the Protection from Harassment Act 1997 automatically. Breach is a criminal offence. These remain in force after release and do not expire unless varied or discharged by the court.
The official government guidance on DAPOs sets out the application process and what each order requires from perpetrators and courts.
For a detailed look at how UK courts have balanced victim safety with media reporting of domestic abuse cases, see our earlier coverage of the John Sweeney case and what UK law allows victims to demand.
What to Do Now
The 28-day release window created by the Victim Notification Scheme is not automatic — it requires prior registration. For anyone who was told their former partner fell under the SDS40 domestic abuse exemption, the most urgent step is to contact the National Probation Service to confirm whether VNS registration is in place and whether a release date has been communicated.
A consultation with a solicitor specialising in family and criminal law will clarify which combination of orders — DAPO, Non-Molestation Order, restraining order, or a combination — applies to a specific case, and whether legal aid is available. In cases involving domestic abuse convictions, the legal aid threshold under LASPO 2012 does not apply to income, meaning professional advice is accessible regardless of financial circumstances.
This article provides general legal information about the Sentencing Act 2026 and available protections. It does not constitute legal advice. Anyone affected by domestic abuse should seek advice from a qualified legal professional or contact the National Domestic Abuse Helpline on 0808 2000 247.
