New Prison Release Rules
When Will You or Your Family Member Be Released?
From 2 September 2026, new prison release rules in England and Wales will change when many prisoners are released and how long they are supervised for after release.
If you or someone close to you is in custody or facing custody, the most important question is when they will be released. The answer is not always straightforward under the new system.
Will I Be Released Earlier Under the New Prison Release Rules?
In many cases, prisoners will be released earlier than under the previous system. For most standard prison sentences (SDS), release will now take place after serving around one-third of the sentence. Previously, release was usually at around halfway.
For more serious offences, release is likely to move from around two-thirds of the sentence to around halfway. This means that many prisoners will leave custody sooner, although the exact position depends on the individual case.
Why Your Release Date May Not Be Simple
Although the rules appear clear, calculating a release date is not always straightforward. It depends on the type of sentence, whether the new rules apply yet, behaviour in custody, and whether any additional days have been added.
Prisoners are often told different dates or assume that changes apply automatically. In practice, this is something that usually needs to be checked properly.
Do the New Rules Apply to Every Prisoner?
No. The changes mainly affect standard determinate sentences, which are the most common type of sentence.
They do not generally apply to life sentences, extended determinate sentences, or certain specialist or youth sentences. If you are unsure what type of sentence applies, it is important to check, as this directly affects release timing.
I Am Already in Prison – Will My Release Date Change?
Possibly. The new prison release rules come into force on 2 September 2026, but they will not apply to everyone immediately. Some prisoners will benefit straight away, while others will move onto the new system over time.
If you are already serving a sentence, your release date may change, but it should not be assumed without confirmation.
What Happens After Release?
A significant change is what happens after release. Because prisoners are being released earlier, they will spend longer on licence in the community and remain under supervision by probation.
Licence conditions may include reporting requirements, restrictions, and other controls. These conditions must be followed carefully.
Can Someone Be Sent Back to Prison After Release?
Yes. If licence conditions are breached, a person can be recalled to prison. This is likely to be more common because supervision periods are longer and conditions are stricter.
Understanding what is expected after release is as important as understanding the release date itself.
What about Home Detention Curfew?
Early release on Home Detention Curfew (HDC) is being abolished as prisoners will be released earlier anyway.
Contact our Criminal Law specialists
Prison release rules are evolving, and understanding how they apply in practice is not always straightforward. Our specialist criminal law team has experience in all aspects of criminal law from police station advice through to magistrates or crown court, advising on sentencing and release provisions and ensures that clients receive clear, up‑to‑date advice based on the current law. Call 0191 232 9547 to make an appointment.
