How Prison Sentences Work

Prison sentences can be complex. This guide breaks down the different types of sentences and how they work in practice.

Determinate Sentences

The most common type of sentence has a fixed length. In England and Wales, prisoners typically serve half their sentence in custody and the remainder on licence in the community. This is known as the automatic release point.

For sentences of four years or more imposed after April 2005, prisoners may be eligible for release at the two-thirds point rather than the halfway point. The licence period extends to the end of the full sentence, during which the prisoner must comply with certain conditions.

Standard Determinate Sentences

A standard determinate sentence (SDS) is the most straightforward type. If someone receives a four-year sentence, they will typically serve two years in custody and two years on licence. During the licence period, they must comply with conditions such as reporting to a probation officer, living at a specified address, and avoiding contact with certain people.

Breach of licence conditions can result in recall to prison to serve some or all of the remaining sentence.

Extended Determinate Sentences

Extended determinate sentences (EDS) are imposed on offenders convicted of specified violent or sexual offences who are considered dangerous. These sentences consist of a custodial term followed by an extended licence period of up to five years for violent offences or eight years for sexual offences.

Prisoners serving EDS sentences are eligible for parole consideration at the two-thirds point of the custodial term. If parole is not granted, they serve the full custodial term before automatic release.

Indeterminate Sentences

Life sentences and Imprisonment for Public Protection (IPP) sentences have no fixed end date. Prisoners must serve a minimum tariff before becoming eligible for parole.

Life sentences are mandatory for murder and discretionary for other serious offences. The minimum tariff — the period that must be served before the prisoner can apply for parole — is set by the judge at sentencing.

Imprisonment for Public Protection (IPP)

IPP sentences were introduced in 2005 and abolished in 2012, but they continue to affect over 1,000 prisoners who remain in custody under this sentence type. IPP prisoners must serve their minimum tariff and then satisfy the Parole Board that they can be safely released.

Many IPP prisoners remain in custody years beyond their minimum tariff, creating significant controversy and calls for resentencing or release.

Parole

The Parole Board assesses whether prisoners serving indeterminate sentences can be safely released. They consider factors including behaviour in custody, risk assessments, and release plans. Parole hearings may involve oral hearings where the prisoner and their legal representative can make representations.

The Parole Board's primary consideration is whether the prisoner continues to pose an unacceptable risk to the public. They do not consider whether the prisoner has been sufficiently punished.

Early Release

Some prisoners may qualify for early release schemes such as Home Detention Curfew (tag) or Release on Temporary Licence (ROTL). Eligibility depends on the type of sentence and individual circumstances.

Home Detention Curfew allows eligible prisoners to be released up to 135 days before their automatic release date, subject to wearing an electronic tag and observing a curfew. Not all prisoners are eligible, and the scheme excludes those convicted of certain offences.

Time on Remand

Time spent in custody before sentencing (on remand) is credited against the sentence. If someone spends three months in custody awaiting trial and then receives a two-year sentence, the time served on remand is deducted from the sentence.