Early release on Licence and Home Detention Curfew
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“Very few people serving a prison sentence spend the whole of it in custody and most prisoners are releaser after serving one third of their sentence.”
When will a prisoner be released from custody?
Important — the rules changed on 1 October 2026. The Sentencing Act 2026 moves the automatic release point for most standard determinate sentences to one third of the sentence (previously 40%, or 50% for some offences), and from two thirds to one half for certain violent and sexual offences where the sentence is 4 years or more.
The provisions were originally due to commence on 2 September 2026 under the Sentencing Act 2026 (Commencement No. 4) Regulations 2026 (SI 2026/609). Implementation was paused in July 2026 pending a government review. The Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026 (SI 2026/953) bring the release provisions (sections 23 and 24) into force from 1 October 2026 for all offences except those listed in the Schedule to the Regulations.
The excluded offences include rape, many child sexual offences and historic sexual offences, all forms of manslaughter, murder-related offences, causing death by driving or cycling, and causing or allowing the death of a child. Prisoners serving standard determinate sentences for those offences stay on their existing release point. See "Offences excluded from the new release points" below.
At a glance
Very few people serving a prison sentence spend the whole of it in custody and most prisoners are releaser after serving one third of their sentence. Sentences are usually served in stages: a period in custody, followed by a period in the community under supervision, 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 one third of the sentence (previously 40%, or 50% for some offences).
SDS of 4 years or more for certain specified violent or sexual offences under s.244ZA — automatic release at one half (previously two thirds).
SDS for offences listed in the Schedule to SI 2026/953 — release stays at the existing point (40%, 50% or two thirds, depending on the offence and sentence).
Extended determinate sentence (EDS) — the Parole Board may direct release from two thirds. Unaffected by the 2026 changes.
Sentence for offenders of particular concern (SOPC) — the Parole Board may direct release from two thirds. Unaffected.
Serious terrorism sentence and certain terrorist offenders — no early release; the whole custodial term is served. Unaffected.
Life sentence — the Parole Board may direct release after the minimum term; there is no release under a whole life order. Unaffected.
Imprisonment for public protection (IPP) — release is a matter for the Parole Board. Unaffected by the 1 October 2026 changes.
Earlier release routes:
Home Detention Curfew (HDC), which allowed release up to 365 days early on an electronically monitored curfew, has been displaced for adults serving standard determinate sentences. Its function is taken over by the earlier release point and the new post-custody stage. Transitional arrangements apply to those already on HDC.
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.
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.
On licence — at liberty in the community, subject to conditions, and liable to recall to prison.
Added days — extra days of custody imposed for breaches of prison rules, which delay release.
Standard determinate sentences: release at one third
From 1 October 2026, adult prisoners serving a standard determinate sentence (a sentenced for a fixed period) are released automatically once they have served one third of the sentence in custody, unless the offence is excluded (see below). This applies whatever the length of the sentence.
The change is made by sections 23 and 24 of the Sentencing Act 2026, brought into force by the Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026/SI 2026/953. It amends automatic release under s.244 Criminal Justice Act 2003, which since 10 September 2024 had provided for release at 40% for most offences (and 50% for excluded categories, see below).
The earned progression model
Release now sits within an earned progression model with three stages:
Custody stage. Added days for breaches of prison rules delay release. The maximum has been increased from 42 to 84 days per adjudication.
Post-custody stage. A period of intensive supervision in the community.
"At risk" stage. A period without active supervision, for all but the highest-risk offenders.
New licence conditions
New licence conditions are now available, including restriction zones and prohibitions on driving, attending public events and entering pubs, clubs and bars.
Post-sentence supervision 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.
Offences excluded from the new release points
The new release points do not apply to prisoners serving standard determinate sentences for the offences listed in the Schedule to the Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026/SI 2026/953. The Schedule has 71 paragraphs. Prisoners serving standard determinate sentences for any of them remain on their existing release point. In summary, the exclusions cover:
Homicide and related offences. Manslaughter (all forms); infanticide; child destruction; encouraging or assisting suicide (s.2 Suicide Act 1961); causing or allowing a child or vulnerable adult to die or suffer serious physical harm (s.5 Domestic Violence, Crime and Victims Act 2004); conspiring or soliciting to commit murder (s.4 Offences against the Person Act 1861); and attempted murder, conspiracy and incitement to murder, offences under Part 2 of the Serious Crime Act 2007 relating to murder, and aiding, abetting, counselling or procuring murder.
Causing death on the roads. Every causing-death-by-driving offence under the Road Traffic Act 1988 — dangerous driving (s.1); careless or inconsiderate driving (s.2B); careless driving under the influence of drink or drugs (s.3A); driving while unlicensed or uninsured (s.3ZB) or disqualified (s.3ZC) — together with causing death by dangerous cycling (s.27A) and by careless or inconsiderate cycling (s.28B).
Rape. Section 1 of the Sexual Offences Act 2003.
Sexual offences against children under the Sexual Offences Act 2003. Rape of a child under 13 (s.5) and the s.6–8 offences against under-13s; the new s.8A–8C offences against children under 16; ss.9–15 (sexual activity with a child, causing or inciting, sexual activity in the presence of a child, causing a child to watch a sexual act, child sex offences committed by children, arranging or facilitating, and meeting a child following grooming); the abuse of position of trust offences (ss.16–19); familial child sex offences (ss.25–26); and the child sexual exploitation offences (ss.47–50).
Historic sexual offences under the Sexual Offences Act 1956. Rape (s.1), unlawful intercourse with girls under 13 and under 16 (ss.5–6), incest by a man (s.10), indecent assault on a woman or a man (ss.14–15), abduction of girls (ss.19–20), procuration (s.23), permitting premises to be used for intercourse (ss.25–26) and causing or encouraging prostitution of or intercourse with a girl under 16 (s.28); indecent conduct towards a young child (Indecency with Children Act 1960); and inciting a girl under 16 to incestuous intercourse (s.54 Criminal Law Act 1977).
Indecent images of children. Taking, making or distributing (s.1 Protection of Children Act 1978) and possession (s.160 Criminal Justice Act 1988).
Child cruelty. Section 1 of the Children and Young Persons Act 1933.
Other offences. Keeping a dog dangerously out of control (s.3 Dangerous Dogs Act 1991); endangering safety at aerodromes (s.1 Aviation and Maritime Security Act 1990); and genocide, crimes against humanity and war crimes (s.51 International Criminal Court Act 2001).
Inchoate and secondary liability. Attempting, conspiring to commit, inciting, or aiding, abetting, counselling or procuring any listed offence, and offences under Part 2 of the Serious Crime Act 2007 where a listed offence was the one intended or believed would be committed.
Service offences. The corresponding offences under the Army Act 1955, Air Force Act 1955, Naval Discipline Act 1957 and s.42 Armed Forces Act 2006.
Offences not excluded
The excluded offences Schedule is exhaustive: any offence not listed is subject to the new release points. Offences that are not excluded include:
sexual offences against adults other than rape, including assault by penetration (s.2), sexual assault (s.3) and causing a person to engage in sexual activity without consent (s.4) of the Sexual Offences Act 2003;
offences of violence not resulting in death, including wounding or causing grievous bodily harm with intent (s.18 Offences Against the Person Act 1861), s.20 wounding or inflicting grievous bodily harm, and assault occasioning actual bodily harm;
kidnapping and false imprisonment;
robbery and burglary;
controlling or coercive behaviour, stalking and harassment;
firearms and offensive weapon offences;
supply of controlled drugs; and
fraud and other acquisitive offences.
Prisoners serving standard determinate sentences for these offences are released at one third, or at one half where s.244ZA applies (see below).
Existing release points: 40%, 50% and two thirds
These release points continue to apply to prisoners serving standard determinate sentences for the excluded offences above, and they applied to everyone before 1 October 2026.
Release at 40%
Between 10 September 2024 and 30 September 2026, adult prisoners serving a standard determinate sentence were released automatically after serving 40% of the sentence, unless the offence or sentence was excluded. 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. The ECSL scheme was replaced by this 40% regime, often called SDS40.
Release at 50%
Certain offences were excluded from the 40% point and released at the halfway point instead. The exclusions are set out in Article 3(6) of the 2024 Order, as amended by Article 3 of the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024. They covered:
sexual offences, whatever the sentence length, including offences under the Sexual Offences Act 1956, the Sexual Offences Act 2003 and Part 2 of Schedule 15 to the Criminal Justice Act 2003;
serious violent offences listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003, where the sentence was 4 years or more;
offences linked to domestic abuse, including stalking (ss.2A and 4A Protection from Harassment Act 1997), controlling or coercive behaviour (s.76 Serious Crime Act 2015), non-fatal strangulation or suffocation (s.75A Serious Crime Act 2015), and breaches of restraining orders, sexual harm prevention orders, non-molestation orders, domestic abuse protection orders and stalking protection orders;
terrorism and national security offences, including offences under the National Security Act 2023 and the Official Secrets Acts 1911, 1920 and 1989.
From 1 October 2026, prisoners serving these sentences move to the one-third release point unless the offence is in the Schedule of excluded offences to SI 2026/953, in which case the existing point continues to apply. This list is a guide rather than a complete statement of the 2024 Order; the Schedule of Excluded Offences should be checked in any individual case.
Release at two thirds, now one half
Under s.244ZA Criminal Justice Act 2003, automatic release was 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.
From 1 October 2026, automatic release under s.244ZA moves from two thirds to one half for those serving 4 years or more, except where the offence is in the Schedule to SI 2026/953. Offences such as rape and manslaughter therefore remain at two thirds, while, for example, wounding with intent (s.18) moves to one half.
Release at these points is automatic: the Parole Board is not involved unless the case has been referred to it under s.244ZB.
Other types of sentence
The Sentencing Act 2026 early release provisions do not change release under life sentences, extended determinate sentences, sentences for offenders of particular concern, serious terrorism sentences or IPP sentences.
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.
Imprisonment for public protection (IPP)
Release of prisoners serving sentences of imprisonment for public protection remains a matter for the Parole Board. On 30 August 2026 the Prime Minister announced a cross-party oversight group to consider the position of prisoners still serving IPP sentences, with legislation promised before the end of this Parliament to release some of them. This is a separate and longer-term measure and forms no part of the 1 October 2026 changes.
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)
HDC and the Sentencing Act 2026
HDC has been displaced for adults serving standard determinate sentences, from 1 October 2026. Its function is taken over by the earlier release point and the new post-custody stage. Transitional arrangements apply to those already on HDC when the change took 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.
How HDC worked
HDC, often called "tagging", allowed 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 was a managed transition from prison to the community rather than a reduction in sentence. The statutory basis is s.246 Criminal Justice Act 2003 and the detailed rules are in the Home Detention Curfew (HDC) Policy Framework.
There was no legal entitlement to release on HDC, but the policy was that release should be the norm for prisoners who were eligible and not presumed unsuitable. Eligibility generally required a standard determinate sentence with automatic release, a requisite custodial period of at least 6 weeks, and a minimum period served. Certain prisoners were excluded by law (for example registered sex offenders, those serving extended or special custodial sentences, and foreign national prisoners recommended for deportation), and others, such as those serving sentences for homicide-related offences, stalking, harassment or controlling or coercive behaviour, were presumed unsuitable absent exceptional circumstances.
The curfew had to be for at least 9 hours a day and was generally 12 hours as a matter of policy, typically 7pm to 7am. Breach of the curfew could result in recall to custody.
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.
From 1 October 2026 the Sentencing Act 2026 adds further conditions, including restriction zones and prohibitions on driving, attending public events and entering pubs, clubs and bars.
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 offences listed in Schedule 19ZB to the Criminal Justice Act 2003 (offences involving or connected with terrorism or a threat to national security), a new Schedule inserted after Schedule 19ZA by Schedule 4 to the Sentencing Act 2026, which replaces the former Schedule 19AA.
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.
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