The UK government has introduced reforms to sentencing and parole rules for serious crimes. But how long do offenders actually serve—and who decides?

How Are Criminal Sentences Decided?

Sentences in England and Wales are decided by magistrates or judges. Courts must follow the law and take account of the relevant guidelines issued by the Sentencing Council.

The court will usually consider the harm caused or intended and the offender's level of responsibility, known as culpability. It will then consider aggravating and mitigating factors, previous convictions, assistance given to the authorities and any reduction available for an early guilty plea. Genuine remorse may be a mitigating factor, but a lack of remorse should not automatically increase the sentence.

The maximum sentence is not necessarily the sentence an offender will receive. For example, domestic burglary carries a maximum sentence of 14 years' imprisonment, while the maximum for non-domestic burglary is generally 10 years. The actual sentence will depend on the seriousness and circumstances of the particular offence.

What Types of Sentence Can a Court Impose?

Not every conviction results in imprisonment. Depending on the offence and its seriousness, a court may impose:

• An absolute or conditional discharge
• A fine
• A community order
• A suspended prison sentence
• An immediate custodial sentence
• An extended or life sentence for particularly serious offences

A custodial sentence should normally be imposed only where the offence is so serious that a fine or community sentence cannot be justified.

Suspended Prison Sentences

A suspended sentence is a custodial sentence that does not take effect immediately. The offender is permitted to remain in the community for a specified period and may be required to comply with conditions, such as unpaid work, rehabilitation, treatment, exclusion or electronic monitoring.

If the offender commits another offence or fails to comply with the requirements, the court may activate all or part of the suspended prison sentence.

What Happens When a Prison Sentence Is Imposed?

The length of time an offender spends in prison depends on the type of sentence, the offence, the date the sentence was imposed and the applicable release provisions.

Many prisoners serving standard determinate sentences are released automatically after serving a specified proportion of their sentence. Depending on the sentence and the applicable rules, this may currently be after 40% or 50% of the term. The remainder is normally served in the community on licence.

People convicted of certain serious violent, sexual or terrorism offences may be required to serve at least two-thirds of their custodial term. Some prisoners are not released unless the Parole Board decides that it is safe to do so.

Licence conditions may include reporting to probation, living at an approved address, avoiding specified people or places, attending treatment programmes or complying with electronic monitoring. A person who breaches their licence conditions may be recalled to prison.

Life Sentences

A life sentence lasts for the remainder of the offender's life. A life sentence is mandatory following a murder conviction and may also be imposed for certain other extremely serious offences.

In most murder cases, the judge sets a minimum term that must be served before the offender can be considered for release. Completing the minimum term does not guarantee release. The Parole Board must be satisfied that continued detention is no longer necessary for the protection of the public.

If released, a person serving a life sentence remains on licence for life and may be recalled to prison if the licence conditions are breached or their risk can no longer be safely managed in the community.

Whole-Life Orders

For the most serious cases of murder, the court may impose a whole-life order. This means that the offender will normally remain in prison for the rest of their life and will not be considered for release by the Parole Board.

Sentencing and Release Reforms

The Sentencing Act 2026 introduces significant changes to sentencing, prison release and supervision in England and Wales. The reforms are being brought into force in stages and do not yet apply in full.

The changes include an earned progression system under which release dates for many prisoners serving standard determinate sentences will depend partly on their conduct in prison. The reforms also expand the use of community-based punishment, electronic monitoring and probation supervision.

Because release rules are complex and are changing, the date on which an offence was committed, or a sentence was imposed, may affect the rules that apply. A criminal law solicitor can explain the likely sentence, release arrangements and available appeal options in an individual case.

Speak to a Criminal Law Solicitor

If you have been charged with an offence, are awaiting sentence or believe that a sentence may be unlawful or excessive, obtain advice from a criminal law solicitor as soon as possible. A solicitor can advise on sentencing guidelines, mitigating evidence, guilty plea reductions, appeals and release provisions.

Disclaimer: Solicitors.com is not a firm of solicitors. Content on this site is provided for general information only and is not legal advice. It should not replace advice from a regulated solicitor who has considered the circumstances of your case. Although we aim to keep information accurate and up to date, laws and sentencing rules can change. Use of this site does not establish a solicitor-client relationship.

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