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Criminal Defence | England & Wales

How much of a prison sentence is actually served?

How automatic release works for standard sentences, what changed under the Sentencing Act 2026 from 1 October 2026, and what licence and recall mean.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

For most standard determinate sentences, release is automatic part-way through, with the rest served on licence in the community. Under the Sentencing Act 2026 progression model, from 1 October 2026 the automatic release point for most standard sentences moves to one third, and for those previously released at two thirds it moves to one half. Some offences are excluded, including rape, serious child sexual and grooming offences, unlawful killing and causing death by driving, and extended, life and other special sentences are not affected. Release can be delayed by additional days for breaking prison rules. Anyone released stays on licence and can be recalled.

Legal issues

Which sentences are covered

Only standard determinate sentences. Life sentences, extended determinate sentences, sentences for offenders of particular concern and indeterminate sentences have their own rules.

Excluded offences

The Ministry of Justice publishes the list of offences excluded from the new release points. Exclusions announced in August 2026 include rape, serious child sexual and grooming offences, unlawful killing (including manslaughter and causing death by dangerous, careless or drunk driving), indecent assault and historic child sexual offences, together with attempts, conspiracies and assisting those offences. Sentences for excluded offences keep the previous release point.

Existing prisoners

People already serving sentences on 1 October 2026 move to the new release points in tranches by sentence length, between 1 October 2026 and 8 June 2027.

Additional days

From 2 September 2026, up to 84 additional days can be added for each proven breach of prison rules.

Children

Sentences for offences committed as a child under section 250 of the Sentencing Code are not affected by these changes.

Evidence that matters

Release dates are calculated by the prison. If a calculation looks wrong, the sentencing record and remand time are the key documents.

Reasonable lines of enquiry

If a release date looks wrong

  • Check time on remand and on qualifying curfew was credited.
  • Check whether any offence is on the excluded list.
  • Check consecutive and concurrent sentences were combined correctly.

What happens next

On release you are on licence with conditions, which can include tagging, residence and testing. Breach can lead to recall to prison.

Immediate steps

  • Ask the prison for the calculated release date in writing.
  • Keep the sentencing remarks and any record of remand time.

What should you send us?

Send the sentence, offence, date of sentence and any release date the prison has given.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Will someone sentenced to 3 years serve 1 year?

For many standard sentences from 1 October 2026, automatic release is at one third, subject to excluded offences, behaviour in custody and the phased start for existing prisoners. The prison confirms the actual date.

Is Home Detention Curfew still available?

Since 2 September 2026, the prison service no longer routinely offers Home Detention Curfew to adults. This is a policy change rather than a change in the law, with limited transitional exceptions, and HDC remains available for some youth sentences.

Does this apply to sentences already passed?

Yes, for in-scope sentences, in stages between October 2026 and mid-2027.

NEXT STEP

Check a release date

Call 0843 636 7687 or email [email protected].

Check a release date