Early release on Licence, Post-Sentence Supervision and Home Detention Curfew

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“It is rare for prisoners to serve the whole of their sentences in custody. Most prisoners will be automatically released on licence after serving one-half in custody, then the remaining half in the community, subject to licence conditions. For prisoners serving sentences of under 4 years who are eligible for Home Detention Curfew, release on licence can take place up to 135 days before the halfway stage, so that a 2 year sentence could amount to just over 7 months being served in custody. ”

On this page:

When will a prisoner be released from custody?
Sentences of less than 2 years - automatic release on licence + post-sentence supervision
Sentences of 2 years or more - automatic release on licence at halfway stage
Exceptions to automatic release at the halfway stage
What is release on licence?
Breach of licence - recall to custody
Breach of post-sentence supervision
Home Detention Curfew (HDC) - Release before the halfway stage
Prisoners excluded from Home Detention Curfew
Offences presumed unsuitable for Home Detention Curfew

When will a prisoner be released from custody?

It is rare for prisoners to serve the whole of their sentences in custody. Most prisoners will be automatically released on licence after serving one-half in custody, then the remaining half in the community, subject to licence conditions.

For prisoners serving sentences of under 4 years who are eligible for Home Detention Curfew, release on licence can take place up to 135 days before the halfway stage, so that a 2 year sentence could amount to just over 7 months being served in custody.

Post-sentence supervision, which is aimed at rehabilitation, is similar to licence and applies only to prisoners serving less than 2 years in custody.

For other types of sentences, release from custody will only take place at the two-thirds stage, and this will either be automatic or discretionary.

For people serving life sentences, release on licence can only take place after the specified minimum term has been served, except in murder cases where a Whole Life Order is imposed.

Below you can read about these early release provisions for all types of sentences.