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

• Home Detention Curfew (HDC) - Release before the halfway stage

• Prisoners excluded from Home Detention Curfew

• Offences presumed unsuitable for Home Detention Curfew

*New Early Release Provisions Update*

Sentencing Act 2026: early release changes paused

The Sentencing Act 2026 introduced major changes to the way some prisoners serving standard determinate sentences are released from custody. These changes were due to begin on 2 September 2026.

The Government described the new system as an “earned progression” model. In broad terms, prisoners serving standard determinate sentences who are currently released automatically at 40% or halfway through their sentence could be released after serving one third. Prisoners serving standard determinate sentences for serious violent or sexual offences, who are currently released at the two-thirds point, could be released at the halfway point.

The intention was that prisoners who break prison rules could have additional days added to the custodial part of their sentence. The new scheme was also intended to involve stricter supervision in the community, including greater use of electronic tagging and other licence conditions.

However, the scheme has now been paused.

In late July 2026, the Prime Minister announced an urgent review following serious concerns about victim safety, public protection and the types of offender who might be released earlier than under the present law. The Government has said that no prisoner will be released early under the new policy while the review is ongoing.

This pause does not repeal the Sentencing Act 2026. The Act remains law. What has changed is the implementation of the provisions, and a review is underway concerning whether further safeguards or exemptions are needed before the scheme begins.

For the time being, the law remains as set out below.

When will a prisoner be released from custody?

• Release at 40%

  Most prisoners serving standard determinate sentences (i.e. sentences imposed for a fixed period of time) will be automatically released on licence after serving 40% in custody, then the remaining 60% in the community, subject to licence conditions.

• 70 days before automatic release

  The End of Custody Supervised Licence (ECSL) scheme is an administrative early release measure used to manage prison capacity. It allows certain eligible determinate sentence prisoners to be released on licence up to 70 days before their automatic release date, also known as the Conditional Release Date.

  For prisoners subject to the current 40% release regime, ECSL may therefore permit release up to 70 days before the 40% point. It does not apply to all prisoners, and eligibility depends on the sentence, offence type, prison establishment and current policy.

• Home Detention Curfew - 365 days before automatic release

  For prisoners who are eligible for Home Detention Curfew (HDC), release can take place up to 365 days before their automatic release stage (the 40% stage), provided they have served in custody at least 4 weeks or one-quarter of their overall sentence (whichever is the longer period of time).

• Release after serving two-thirds

  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.

• Life sentences

  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.

On this page you can read about these early release provisions for all types of sentences.

Sentences of less than 2 years

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