When will a prisoner be released from custody?

England and Wales. Correct as at 30 August 2026.

Important — the rules change on 1 October 2026. The Sentencing Act 2026 moves the automatic release point for most standard determinate sentences from 40% to one third, and from two thirds to one half for certain violent and sexual offences.

These provisions were originally due to commence on 2 September 2026, were paused for review, and are now expected on 1 October 2026. Rape and certain child sexual and grooming offences were excluded on 4 August 2026. On 30 August 2026 the Prime Minister announced that all forms of manslaughter, causing death by dangerous driving and indecent assault will also be excluded, with the legislation to follow in the first week of September. See "Changes to early release on 1 October 2026" at the end of this page.

At a glance

Very few people serving a prison sentence spend the whole of it in custody and most prisoners are released on licence at 40%, soon to be reduced to one third. Sentences are served in two parts: a period in custody, and a period in the community on licence, during which the person must comply with licence conditions and can be recalled to prison if they do not.

The point at which release happens depends on the type of sentence and the offence:

Standard determinate sentence (SDS), most offences — automatic release at 40% of the sentence.
SDS for excluded offences (most sexual, serious violent, domestic abuse-related, terrorism and national security offences) — automatic release at 50%.
SDS of 4 years or more for certain specified violent or sexual offences — automatic release at two thirds.
Extended determinate sentence (EDS) — the Parole Board may direct release from two thirds.
Sentence for offenders of particular concern (SOPC) — the Parole Board may direct release from two thirds.
Serious terrorism sentence and certain terrorist offenders — no early release; the whole custodial term is served.
Life sentence — the Parole Board may direct release after the minimum term; there is no release under a whole life order.

Two routes allow release earlier than the points above:

Home Detention Curfew (HDC) — up to 365 days early, on an electronically monitored curfew, for eligible prisoners serving standard determinate sentences.
The End of Custody Supervised Licence (ECSL) scheme, which allowed release up to 70 days early, closed on 9 September 2024 and no longer operates. It was replaced by the 40% release regime, often called SDS40.

One route can delay release: the Secretary of State can refer a high-risk prisoner to the Parole Board under s.244ZB Criminal Justice Act 2003 instead of releasing them automatically.

Key terms

Standard determinate sentence (SDS) — a prison sentence of a fixed length, and by far the most common type. Release is automatic at a set fraction of the sentence; the Parole Board is not involved.

Conditional Release Date (CRD) — the date on which automatic release takes place. Throughout this page, "the 40% point" and similar phrases describe how the CRD is calculated.

Sentence Expiry Date (SED) — the end of the sentence, after which the person is no longer on licence.

On licence — at liberty in the community, subject to conditions, and liable to recall to prison until the sentence expires.

Standard determinate sentences: release at 40%

Adult prisoners serving a standard determinate sentence are released automatically on licence once they have served 40% of the sentence in custody, unless the offence or sentence is excluded. The remaining 60% is served in the community on licence, and the licence runs until the end of the sentence.

The statutory basis is s.244 Criminal Justice Act 2003, as modified by Article 3(2) and (3) of the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, which changed the requisite custodial period from 50% to 40% for applicable sentences from 10 September 2024.

This applies whatever the length of the sentence — there is no longer any difference in the release fraction between sentences under 2 years and sentences of 2 years or more.

Post-sentence supervision has been abolished. From 11 May 2026 there is no separate statutory supervision period after the sentence has ended. Sections 256AA to 256AC of the Criminal Justice Act 2003, under which some prisoners serving under 2 years were supervised for a combined licence and supervision period of 12 months, were repealed by s.34 and Schedule 5 of the Sentencing Act 2026, commenced by SI 2026/402.

Exceptions: offences released at 50%

Certain offences are excluded from the 40% release point. Prisoners serving these sentences are released automatically at the halfway point instead.

The exclusions are set out in Article 3(6) of the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, as amended by Article 3 of the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024. They cover offences in the Schedule of Excluded Offences and in Part 1 of Schedule 15 to the Criminal Justice Act 2003.

In summary, the excluded categories are:

Sexual offences, whatever the sentence length;
Serious violent offences listed in Schedule 15 to the Criminal Justice Act 2003, where the sentence is 4 years or more;
Offences linked to domestic abuse, whatever the sentence length, including stalking, controlling or coercive behaviour, non-fatal strangulation, and breaches of protective orders;
Terrorism and national security offences.

The principal excluded offences are:

all offences under the Sexual Offences Act 1956;
all offences under the Sexual Offences Act 2003, including those listed in Schedule 3 to that Act;
a sexual offence listed in Schedule 15 to the Criminal Justice Act 2003;
a violent offence listed in Schedule 15 to the Criminal Justice Act 2003 where the sentence is 4 years or more;
stalking offences under sections 2A and 4A of the Protection from Harassment Act 1997;
controlling or coercive behaviour in an intimate or family relationship, s.76 Serious Crime Act 2015;
non-fatal strangulation or suffocation, s.75A Serious Crime Act 2015;
breach of a restraining order, s.363 Sentencing Act 2020, or under the now-repealed s.5 Protection from Harassment Act 1997;
breach of a sexual harm prevention order, s.354 Sentencing Act 2020;
breach of a non-molestation order, s.42A Family Law Act 1996;
breach of a domestic abuse protection order, s.39 Domestic Abuse Act 2021;
breach of a stalking protection order, s.8 Stalking Protection Act 2019;
offences under the National Security Act 2023;
offences under the Official Secrets Acts 1911, 1920 and 1989;
other terrorism and state threat related offences.

This list is a guide rather than a complete statement of the Order; the Schedule of Excluded Offences should be checked in any individual case.

The 40% point also does not apply where release is at the discretion of the Parole Board, for example life sentences, sentences of imprisonment for public protection and extended sentences, or where the sentence already attracts automatic release at two thirds.

Release at two thirds

Under s.244ZA Criminal Justice Act 2003, automatic release is at the two-thirds point, rather than halfway, for two groups:

Sentences of 7 years or more, imposed on or after 1 April 2020, for offences listed in Parts 1 or 2 of Schedule 15 to the Criminal Justice Act 2003 that carry a maximum of life imprisonment for an adult (s.244ZA(4)).

Sentences of 4 years or more but under 7 years, imposed on or after 28 June 2022, for the offences listed in s.244ZA(7) — violent and sexual offences carrying a maximum of life imprisonment, including manslaughter, soliciting murder, wounding with intent and rape.

Schedule 15 offences carrying life imprisonment include manslaughter, kidnapping, false imprisonment, wounding with intent to cause grievous bodily harm, possession of a firearm with intent to endanger life, robbery, aggravated burglary, arson, certain terrorism offences, rape and other serious sexual offences.

Release at this point is automatic: the Parole Board is not involved unless the case has been referred to it under s.244ZB.

Other types of sentence

Extended determinate sentences (EDS)

An extended sentence can be imposed only in the Crown Court, on a defendant assessed as dangerous but for whom a life sentence is not required. It has two elements: a custodial term and an extended licence period.

The prisoner must serve at least two thirds of the custodial term, at which point the case is referred to the Parole Board, which decides whether release is appropriate. If the Board does not direct release, the prisoner serves the whole custodial term.

After release, the extended licence period runs for a minimum of 1 year and a maximum of 5 years for a specified violent offence, or 8 years for a specified sexual or terrorism offence. The custodial term and licence period together cannot exceed the maximum sentence for the offence.

Sentences for offenders of particular concern (SOPC)

A SOPC is imposed under s.265 Sentencing Act 2020 for defendants aged 18–20 when convicted, or s.278 for those aged 21 or over, on people convicted of an offence in Schedule 13 to that Act committed when the defendant was 18 or over. Schedule 13 includes terrorism offences, rape of a child under 13, and assault of a child under 13 by penetration.

The sentence consists of a fixed custodial term plus an additional year on licence. The prisoner becomes eligible for discretionary release by the Parole Board at the two-thirds point of the custodial term, but may be required to serve all of it.

Example. A defendant given a SOPC with a custodial term of 9 years may be released by the Parole Board after 6 years, followed by 4 years on licence. If the Board does not direct release, they serve the full 9 years and are then on licence for 1 year.

Serious terrorism sentences and certain terrorist offenders

Where a serious terrorism sentence is imposed for an offence in Part 1 or Part 3 of Schedule 19ZA to the Criminal Justice Act 2003 — terrorism offences carrying a maximum of life imprisonment, or other offences punishable with life — and the court has determined that the offence had a terrorist connection within s.69 Sentencing Act 2020, the whole of the custodial term must be served. There is no early release. This applies to sentences imposed from 29 June 2021 (s.27 Counter-Terrorism and Sentencing Act 2021).

Life sentences

A prisoner serving a life sentence must serve the minimum term, or tariff, specified by the court before they can be considered for release. Release is not automatic at that point: it happens only if the Parole Board directs it, having decided that it is no longer necessary for the protection of the public that the prisoner be confined. If released, the person remains on licence for life.

Where a whole life order is imposed, there is no minimum term and no release on licence.

Referral of high-risk prisoners to the Parole Board

Since 28 April 2022, s.244ZB Criminal Justice Act 2003 has allowed the Secretary of State for Justice to refer a prisoner to the Parole Board instead of releasing them automatically at their Conditional Release Date. The prisoner is then not released unless and until the Board is satisfied that it is no longer necessary for the protection of the public that they be confined, or the sentence expires.

A referral can be made only if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of:

murder; or
a specified offence within the meaning of s.306 Sentencing Code — a specified violent offence in Part 1 of Schedule 18, a specified sexual offence in Part 2, or a specified terrorism offence in Part 3.

The power applies only to prisoners who will have reached 18 by their Conditional Release Date.

The Secretary of State must also comply with the Power to Detain Dangerous Prisoners Serving a Standard Determinate Sentence Policy Framework, which requires that:

the reasonable grounds are based on new or additional information not available at the time of sentencing; information that was before the sentencing court will not be sufficient (para. 6.2);
the prisoner meets a test of dangerousness, namely that the risk they present would (a) cause serious harm to the public through terrorism, death or serious injury or sexual assault, or present a national security threat; (b) be likely to materialise at or soon after the conditional release point; (c) be credible, in that the prisoner has the capability and means to commit a serious offence; and (d) not be safely manageable even with very stringent licence conditions, supervision and restrictions (para. 6.6);
the prisoner is assessed as very high risk of serious harm, meaning an imminent risk of serious harm — the potential event is more likely than not to happen imminently, and the impact would be serious (para. 6.7).

R (Simpson) v Secretary of State for Justice [2022] EWHC 3181 (Admin)

In the first case to consider the power, the High Court quashed the referral on two grounds:

the Secretary of State did not believe on reasonable grounds that the claimant would, if released, pose a significant risk to the public of serious harm from a relevant offence, as the statutory test requires; and
the referral did not meet the Secretary of State's own policy in three respects: the dangerousness test was not satisfied, because the risk was not believed likely to materialise at or soon after the conditional release date; the prisoner had not been assessed as very high risk of serious harm; and there was no new or additional information indicating that the risk had increased since sentence.

The court accepted that the Secretary of State could depart from his own policy for good reason, but held that the features he identified did not amount to a good reason.

Home Detention Curfew (HDC)

Home Detention Curfew, often called "tagging", allows eligible prisoners to be released on licence up to 365 days before their Conditional Release Date, subject to an electronically monitored curfew at an approved address. It is a managed transition from prison to the community rather than a reduction in sentence: the person is still serving the custodial part of their sentence, but serving it at home under curfew.

The statutory basis is s.246 Criminal Justice Act 2003. The detailed rules are in the Home Detention Curfew (HDC) Policy Framework, last reissued on 3 June 2025.

There is no legal entitlement to release on HDC. But the policy is that release should be the norm for prisoners who are eligible and not presumed unsuitable, with refusal the exception.

Who is eligible for HDC?

The rules were substantially relaxed in June 2024. The previous upper limit of four years was removed, so prisoners serving longer standard determinate sentences can now be considered, and the minimum period to be served changed from a quarter of the sentence to half of the requisite custodial period. The maximum curfew period rose from 180 to 365 days for releases from 3 June 2025.

A prisoner is eligible if all of the following apply:

they are serving a standard determinate sentence with automatic release at the 40% or halfway point;
the requisite custodial period is at least 6 weeks (42 days);
they have served at least 28 days, or half of the requisite custodial period, whichever is longer — time on remand or on tagged bail counts towards this;
they have served at least 14 days in custody since the date of sentence — remand and tagged bail do not count towards this;
at least 10 days remain before the Conditional Release Date; and
they are neither excluded by law nor presumed unsuitable.

The "requisite custodial period" means the period from the date of sentence to the automatic release point — in other words, the custodial part of the sentence before any adjustment for remand, tagged bail, added days or time unlawfully at large.

How HDC eligibility dates are calculated

There are two routes to the HDC eligibility date, and which applies depends on the length of the requisite custodial period:

Requisite custodial period under 730 days — the eligibility date is worked forward from the date of sentence. The prisoner must serve half of the requisite custodial period, or 28 days, whichever is longer.
Requisite custodial period of 730 days or more — the eligibility date is worked backward from the Conditional Release Date, which is the CRD minus 364 days.

The switchover sits at 730 days because that is the point at which the two rules produce the same answer: half of 730 is 365, which is exactly the maximum curfew period. Below that, half the custodial period is always less than a year, so the cap never bites. Above it, half the custodial period would exceed a year, so the cap takes over.

Put simply: half the custodial period, unless that would mean more than a year on tag, in which case a year is the maximum. Under the current 40% regime the cap begins to apply at sentences of about 5 years, since 40% of 5 years is 730 days.

HDC Worked example 1: a 3-year sentence

Sentence: 3 years, or 1,095 days.

Automatic release at 40% gives a requisite custodial period of 438 days, about 14½ months. This is the Conditional Release Date.
The requisite custodial period is under 730 days, so the eligibility date is worked forward from sentence. Half of 438 is 219 days, which is longer than the 28-day minimum.
The HDC eligibility date is 219 days after sentence, just over 7 months, subject to any remand or tagged bail time.
The curfew then runs for the remaining 219 days until the Conditional Release Date — comfortably within the 365-day maximum.

HDC Worked example 2: a 6-year sentence

Sentence: 6 years, or 2,190 days.

Automatic release at 40% gives a requisite custodial period of 876 days, about 29 months.
Half of that would be 438 days, but a curfew cannot last longer than 365 days, so this route is not available.
The eligibility date is instead worked backward from the Conditional Release Date: 876 − 364 = 512 days after sentence, about 17 months.
The prisoner therefore serves around 17 months in custody, followed by a year on curfew.

Note that the framework's calculation uses "CRD minus 364 days", not 365. The day of release itself counts as the first day of the curfew, so subtracting 364 days produces a curfew period of 365 days.

Because the calculation runs on the requisite custodial period, remand and tagged bail time shift the actual release date without changing which of the two routes applies. Where the calculation would produce a date before sentence, or within 14 days of it, the eligibility date defaults to the date of sentence plus 14 days. Added days awarded through adjudications and time unlawfully at large push the eligibility date back.

The curfew

Once released, the person is subject to an electronically monitored curfew, usually by an ankle tag. The curfew must be for at least 9 hours a day by law and is generally 12 hours as a matter of policy — typically 7pm to 7am, though hours can be varied to accommodate work.

The curfew remains in force until the point at which automatic release would have taken place, meaning the 40% or halfway point of the sentence. From then on, the person continues on ordinary licence until the sentence expires.

Location monitoring by GPS may be added where necessary to manage risk — for example to enforce an exclusion zone or keep the person away from a victim's address. One-off absences from curfew can be authorised in limited circumstances, such as a funeral of a close relative, unexpected medical treatment, a job interview or attendance at court.

Breach of the curfew can result in recall to custody.

Prisoners excluded from HDC by law

These prisoners cannot be released on HDC in any circumstances:

those serving a sentence subject to two-thirds release (SDS+), including those whose sentence length and offence would meet the two-thirds criteria if sentenced today, whatever the date of sentence;
those in respect of whom a s.244ZB notice, referring the case to the Parole Board in place of automatic release, has been issued and remains in force;
those serving 4 years or more whose release is governed by the preserved Criminal Justice Act 1991 provisions in Schedule 20B to the 2003 Act;
sex offenders required to register;
those convicted of violent or sexual offences serving an extended sentence or special custodial sentence;
those serving a sentence for a terrorist or terrorist-connected offence described in s.247A(2) Criminal Justice Act 2003;
those serving a sentence for failing to return from release on temporary licence (ROTL);
those serving a sentence for breach of the curfew requirement of a community order;
foreign national prisoners recommended for deportation by the court, and those liable to deportation on whom a decision to deport has been served;
those who have served less than 14 days since the date of sentence;
those recalled for failing to comply with HDC curfew conditions within two years of the date of sentence for the current sentence — this replaced a lifetime ban in 2024;
those serving a recall from early release on compassionate grounds.

Fine defaulters and contemnors are also outside the scheme, because they serve a term rather than a sentence of imprisonment.

The full list is at paragraph 4.3.1 of the policy framework.

Where someone is serving multiple sentences, an excluded sentence within the overall "sentence envelope" will usually make them ineligible across the whole envelope. Annex F of the framework sets out the combinations.

Prisoners presumed unsuitable for HDC

Some prisoners are eligible in law but presumed unsuitable as a matter of policy. HDC will not be granted unless the prisoner can show exceptional circumstances. This applies to those serving sentences for:

homicide-related offences, including manslaughter, attempted murder, threats to kill and causing death by driving;
explosives offences;
terrorist offences other than those in s.247A(2) Criminal Justice Act 2003, which are excluded outright;
possession of an offensive weapon or bladed article, and aggravated burglary;
possession of a firearm with intent to endanger life, cause fear of violence, resist arrest or commit an offence;
child cruelty offences;
offences aggravated by race, religion or sexual orientation;
stalking, harassment, controlling or coercive behaviour, and non-fatal strangulation or suffocation offences.

It also applies to:

anyone with a history of sexual offending who is not required to register;
anyone with a history of terrorist or terrorist-connected offending who is not currently serving a sentence for such an offence;
anyone recalled for poor behaviour while on HDC within two years of the date of sentence for the current sentence;
foreign national prisoners liable to deportation who have not yet been served with a decision to deport;
Category A prisoners;
prisoners assessed as high or very high risk of serious harm and managed at MAPPA Level 2 or 3.

The offence lists are illustrative rather than exhaustive; examples are at Annex E of the framework.

Exceptional circumstances

A prisoner who is presumed unsuitable may make representations to the governor. The test is whether their circumstances are so compelling as to justify early release despite the presumption - their situation must genuinely stand out. This decision cannot be delegated below deputy governor level.

The focus is on the prisoner's current circumstances, not the circumstances of the offence: the governor should not revisit factors the sentencing court will already have considered, so a medical condition that pre-dated sentence will not usually count unless it has since deteriorated. Evidence of low risk of harm or reoffending is relevant but never sufficient on its own; there must be some additional factor, such as the health of the prisoner or their family, or exceptional progress during the sentence. Guidance is at Annex D of the framework.

The assessment process

Eligibility should be identified within 5 working days of sentence calculation, and the prisoner notified in writing. If eligible and not presumed unsuitable, they should be considered automatically, without needing to apply.

The prisoner is asked to propose a release address, which the Community Offender Manager checks for suitability - including obtaining informed consent from the main occupier and mandatory enquiries of the police and children's services about domestic abuse and child safeguarding. Where there is no suitable address, the prisoner may be referred to the Community Accommodation Service Tier 2 (CAS2).

The decision-maker must authorise release unless it is not possible to manage the person safely at the proposed address, or fewer than 10 days remain to the Conditional Release Date. Decisions can be postponed - for example, pending an unduly lenient sentence referral or an outstanding adjudication — and refusals can be appealed through the prison complaints system, and ultimately to the Prisons and Probation Ombudsman.

Recall from HDC

Breach of the curfew is monitored by the electronic monitoring provider, which reports to the Public Protection Casework Section. That section decides whether to recall, issue a warning letter or take no further action. Breach of the other licence conditions is monitored by the Probation Service, which may recommend recall.

A person can also be recalled on the ground of "inability to monitor" - for example, where they can no longer live at the curfew address. That form of recall allows re-release once a suitable address is found, even if fewer than 10 days remain to the Conditional Release Date.

Being recalled for breach of the curfew makes a person ineligible for HDC on any sentence imposed within two years of their release from that recall.

HDC and the Sentencing Act 2026

HDC will be displaced for adults serving standard determinate sentences when the progression model comes into force, currently expected on 1 October 2026. Its function is taken over by the earlier release point and the new post-custody supervision stage. Transitional arrangements apply to those already on HDC when the change takes effect, and HDC remains available for certain youth sentences.

For some prisoners the practical effect may be release later than under HDC, since a curfew could previously start up to a year before the release point.

Release on licence

The aims of the licence period are to protect the public, prevent reoffending and secure the successful reintegration of the person into the community.

Everyone released on licence is subject to licence conditions (s.250 Criminal Justice Act 2003). Conditions must be preventative rather than punitive, and must be proportionate, reasonable and necessary.

Standard licence conditions

The person must:

be of good behaviour and not behave in a way that undermines the purpose of the licence period;
not commit any offence;
keep in touch with the supervising officer as instructed;
receive visits from the supervising officer as instructed;
reside permanently at an address approved by the supervising officer, and obtain prior permission for any stay of one or more nights elsewhere;
not undertake work, or a particular type of work, unless approved by the supervising officer, and notify the supervising officer in advance of any proposal to do so;
not travel outside the United Kingdom, the Channel Islands or the Isle of Man without prior permission, except for the purposes of immigration deportation or removal.

Additional licence conditions

Additional conditions may be imposed within the following categories:

residence at a specified place;
restriction of residency;
making or maintaining contact with a person;
participation in, or co-operation with, a programme or set of activities;
possession, ownership, control or inspection of specified items or documents;
disclosure of information;
curfew arrangement;
freedom of movement;
supervision in the community;
restriction of specified conduct or specified acts;
extremism;
polygraph condition;
drug testing;
electronic monitoring;
terrorist personal search.

The Sentencing Act 2026 adds further conditions, including restriction zones and prohibitions on driving, attending public events and entering drinking establishments. These are expected to come into force alongside the release changes.

Further detail is in the Licence Conditions Policy Framework.

Breach of licence: recall to custody

A person released on licence may have their licence revoked and be recalled to custody by the Secretary of State under s.254 Criminal Justice Act 2003 where:

they have breached a licence condition; or
their behaviour is sufficiently concerning to indicate that the risk they pose is no longer safely manageable in the community.

The 56-day fixed term recall

From 31 March 2026, adults serving a standard determinate sentence who are recalled serve a fixed term recall of 56 days, after which they are re-released on licence unless an exclusion applies or exceptional circumstances arise.

This was introduced by sections 30–33 and Schedule 4 of the Sentencing Act 2026 and replaces the previous 14-day and 28-day fixed term recalls, and, in most cases, the open-ended standard recall under which a prisoner served the remainder of the sentence in custody.

The change applied to people already in custody on recall on 31 March 2026, with staggered release dates based on sentence length.

Cases excluded from the 56-day model

Automatic re-release after 56 days does not apply to everyone. Exclusions include:

prisoners serving extended determinate sentences;
certain offenders of particular concern;
cases referred to the Parole Board as high risk;
those charged with a further offence while on recall;
those serving sentences for specified offences listed in a new Schedule to the Criminal Justice Act 2003.

In excluded cases the discretionary route applies: the case is referred to the Parole Board, and the person is released only when the Board is satisfied that the risk can be safely managed in the community.

The pre-existing recall model is preserved for those sentenced as children under s.250 Sentencing Code, or historically s.91 Powers of Criminal Courts (Sentencing) Act 2000, who are not also serving an adult determinate sentence.

Further detail is in the Recall, Review and Re-Release of Recalled Prisoners Policy Framework.

Sentencing Act 2026 - Changes to early release on 1 October 2026

The Sentencing Act 2026 received Royal Assent on 22 January 2026. Its release provisions, sections 23 and 24, were commenced by the Sentencing Act 2026 (Commencement No. 4) Regulations 2026 (SI 2026/609) with effect from 2 September 2026, but implementation was paused in July 2026 pending a government review. Following that review, the changes are now expected to take effect from 1 October 2026.

What the changes do:

Automatic release under s.244 Criminal Justice Act 2003 (standard determinate sentences) moves from 40%, or 50%, to one third of the sentence.
Automatic release under s.244ZA moves from two thirds to one half for those serving 4 years or more for certain specified violent and sexual offences.
Release sits within an earned progression model: a custody stage, during which added days for breaches of prison rules delay release — the maximum has been increased from 42 to 84 days per adjudication — a post-custody stage of intensive supervision, and an "at risk" stage without active supervision for all but the highest-risk offenders.
Home Detention Curfew (HDC) is displaced for adults serving standard determinate sentences, its function being taken over by the earlier release point and the post-custody stage. Transitional arrangements apply to those already on HDC.
New licence conditions become available, including restriction zones and prohibitions on driving, attending public events and entering pubs, clubs and bars.

What does not change: extended determinate sentences (EDS), life sentences and imprisonment for public protection (IPP) are unaffected (but see below for IPP sentences). Parole Board release for prisoners serving Extended Determinate Sentences (EDS) remains at the two-thirds point.

Excluded offences. The government has announced two rounds of exclusions from the new release points. First, on 4 August 2026, it announced that they will not apply to those convicted of rape and certain serious child sexual and grooming offences. A list of excluded offences has been published on GOV.UK and should be checked in any individual case.

Further exclusions announced on 30 August 2026. Following a review led by the Justice Secretary, Alex Norris, the Prime Minister, Andy Burnham, announced on 30 August 2026 that the exclusions will be widened. The new release points will now also not apply to those convicted of:

unlawful killing - every form of manslaughter, including unlawful act manslaughter (the offence in the case of the killers of PC Andrew Harper, which prompted the change); causing death by dangerous driving; causing or allowing the death of a child; and killing an emergency worker in ther line of duty.
historic sex offences - including indecent assault under the Sexual Offences Act 1956 - the offence under which many historic child sexual abuse cases, including grooming cases, were prosecuted before the Sexual Offences Act 2003 came into force on 1 May 2004. This closes a gap in the August list, which covered the modern sexual offences but not their pre-2004 equivalents.

Prisoners serving sentences for these offences will stay on their existing release point — 40%, one half or two thirds, depending on the offence and sentence — rather than moving to one third or one half. The government estimates that this will keep "hundreds" of additional prisoners in custody, on top of the roughly 1,000 affected by the August exclusions.

What has not yet been published. The announcement was made in a press statement. The statutory instrument giving effect to it is to be laid before Parliament in the first week of September 2026, when the Justice Secretary’s review is also due to be published. Until then, the precise offences, whether any date-of-sentence limits apply, and how prisoners already in the release tranches will be treated cannot be confirmed. This page will be updated when the legislation is available.

Commencement date. The 30 August announcement did not alter the expected commencement date of 1 October 2026, but nor did it reconfirm it. That date should be treated as expected rather than settled until the amended commencement regulations are made.

IPP sentences. The Prime Minister also announced a cross-party oversight group to consider the position of prisoners still serving sentences of imprisonment for public protection (IPP), with legislation promised before the end of this Parliament to release some of them. This is a separate and longer-term measure. It forms no part of the 1 October 2026 changes, and release for IPP prisoners remains a matter for the Parole Board.

Implementation. New sentences imposed after commencement will be caught immediately. Prisoners already in custody will be released in tranches, phased by sentence length.

Release from Custodial Sentences

Early release on Licence and Home Detention Curfew