Release from prison: how much of a sentence is served
Since 1 October 2026 most adults on a standard determinate sentence are released automatically at one third, so a 3-year sentence usually means about 12 months inside, less remand time, with the rest on licence. Excluded offences keep the older 40%, half or two-thirds points.
Standard determinate sentences
Most fixed-term prison sentences are standard determinate sentences (SDS), with automatic release and no Parole Board.
- From September 2024 most SDS prisoners were released at 40% (SDS40). Exclusions, such as sexual offences, violent offences of 4 years or more and some domestic abuse offences, stayed at half.
- From 1 October 2026, under the Sentencing Act 2026 progression model, most SDS prisoners, including many previously at 40% or half, are released at one third. Some serious offenders previously released at two thirds now move to half.
- Excluded offences keep their old release point, including rape, serious child sex and grooming offences, manslaughter and other unlawful killing, causing death by dangerous or careless driving, historic indecent assault, child cruelty, and attempts or conspiracies to commit these or murder. The Ministry of Justice publishes the full list.
- People already serving move over in tranches, by sentence length, between October 2026 and June 2027.
Example: 3 years
For a non-excluded offence, release comes after about 12 months, less remand credit. Then follows intensive probation supervision and the rest of the sentence on licence. Added days for breaking prison rules, now up to 84 per adjudication, delay release.
Licence and recall
You stay on licence until the sentence ends. Conditions can include residence, no contact, tagging, drug testing and new bans on driving, public events or pubs. Breach can mean recall to prison.
Home detention curfew
HDC (early release on a tag) has been substantially restricted under the 2026 reforms; whether it applies depends on the sentence and its date.
Longer sentences
Life sentences, extended sentences and sentences for offenders of particular concern are outside the progression model. Lifers serve their minimum term and then need Parole Board approval; extended sentence prisoners are usually considered by the Board at two thirds of the custodial term.
Does remand count?
- Each day remanded in custody for the offence counts automatically (Criminal Justice Act 2003 s.240ZA), unless you were serving another sentence then.
- Bail with a curfew of at least 9 hours a day and an electronic tag earns half a day for each day (Sentencing Act 2020 s.325). The judge must announce the credit, so check it is right.
The prison calculates the date; query it if it looks wrong.
Authorities: Criminal Justice Act 2003 ss.240ZA, 240A, 244, 244ZA and Sch.20B; Sentencing Act 2026 Part 2 (s.23 etc); Sentencing Act 2026 commencement regulations SI 2026/953; Criminal Justice Act 2003 (End of Custody Supervised Licence and Release on Licence) Order SI 2024/844; Sentencing Act 2020 s.325; Prison (Amendment) Rules SI 2026/664; MoJ Sentencing Act 2026 offence exclusions list (30 August 2026)