Early release on Licence, Post-Sentence Supervision and Home Detention Curfew

All Contents > Sentencing Home > How Sentencing Works > My Sentencing Hearing > Sentencing Guidelines > Credit for Time Spent on Remand > Release from Custody

“It is rare for prisoners to serve the whole of their sentences in custody. Most prisoners will be automatically released on licence after serving one-half in custody, then the remaining half in the community”

On this page:

When will a prisoner be released from custody?
Sentences of less than 2 years - automatic release on licence + post-sentence supervision
Sentences of 2 years or more - automatic release on licence at halfway stage
Exceptions to automatic release at the halfway stage
What is release on licence?
Breach of licence - recall to custody
Breach of post-sentence supervision
Home Detention Curfew (HDC) - Release before the halfway stage
Prisoners excluded from Home Detention Curfew
Offences presumed unsuitable for Home Detention Curfew

When will a prisoner be released from custody?

50% (soon 40%)

It is rare for prisoners to serve the whole of their sentences in custody. Most prisoners serving determinate sentences (i.e. sentences imposed for a fixed period of time) will be automatically released on licence after serving 50% (soon 40%) in custody, then the remaining half in the community, subject to licence conditions.

70 days before automatic release

The End of Custody Supervised Licence (ECSL) Scheme utilises s.248 of the Criminal Justice Act 2003 (Power to release prisoners on compassionate grounds) to release prisoners (from 23 May 2024 in certain overcrowded prisons) up to maximum of 70 days before their automatice release date.

180 days before automatic release

For prisoners serving sentences of under 4 years who are eligible for Home Detention Curfew (HDC), release on licence can take place up to 180 days before the automatic release stage (50% soon to be 40%), so that currently a 2 year sentence could amount to just over 6 months being served in custody (i.e. 12 months’ custodial period, less 180 days HDC) and soon a 2 year sentence could amount to just under 4 months being served in custody (i.e. less than 10 months’ custodial period, less 180 days HDC).

Release after serving two-thirds

For other types of sentences, release from custody will only take place at the two-thirds stage, and this will either be automatic or discretionary.

Life Sentences

For people serving life sentences, release on licence can only take place after the specified minimum term has been served, except in murder cases where a Whole Life Order is imposed.

On this page you can read about these early release provisions for all types of sentences.

Changes to the Early Release Provisons

The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 will come into force in two separate stages (staggered by sentence length) in England & Wales:

10th September 2024 for all sentences imposed from that date, or sentences of under 5 years imposed before that date;
22nd October 2024 for sentences of 5 years or more imposed before 10th September 2024.

This statutory instrument changes the automatic release point for eligible sentences with a current automatic release point of 50% to 40%.

The Order applies to prisoners who have not passed the current release point at the point of commencement, so will apply to existing prisoners serving qualifying sentences, as well as new sentences imposed after commencement.

Article 3(6) excludes sentences for certain sexual, violent, domestic abuse, terrorism and national security offences from the change, being offences listed in the Schedule of Excluded Offences and offences listed in Part 1 of Schedule 15(2) to the Criminal Justice Act 2003.