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.

The maximum sentence for an offence is not necessarily the sentence an offender will receive. The actual sentence depends on the seriousness and circumstances of the particular offence and the applicable sentencing guideline.

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; or


• 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 requirements such as unpaid work, rehabilitation, treatment, exclusion requirements 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, when the sentence was imposed and the release provisions applying to that sentence. Major changes to release arrangements for Standard Determinate Sentences began on 1 October 2026 under the Sentencing Act 2026.

The Progression Model from 1 October 2026

For many eligible adults serving Standard Determinate Sentences, the minimum custodial period before release has changed. Eligible adult Standard Determinate Sentences that previously generally had an automatic release point at 40% or 50% can now have a minimum custodial period of one-third of the sentence. For certain eligible Standard Determinate Sentences that previously had a two-thirds release point, the relevant minimum custodial period has changed to one-half.

The changes are commonly referred to as the Progression Model. Conduct in custody is important because the earlier release point can be lost where an offender fails to comply with prison rules. Depending on the applicable provisions, an offender may therefore remain in custody beyond the minimum point.

Who Is Excluded from the New Release Arrangements?

The new progression arrangements do not apply to every prisoner or every offence. Excluded categories include offenders serving life sentences and Extended Determinate Sentences. A number of serious offences are also excluded from the reduced release points, including rape, serious child sexual offences, grooming-related offences, unlawful killing and other offences specified in the relevant legislation. Different rules also continue to apply to some youth sentences and other specialist sentence types.

Existing Prisoners and Phased Implementation

The changes can apply to eligible prisoners whose sentences were imposed before 1 October 2026 as well as to relevant sentences imposed after that date. However, implementation for prisoners already in custody is being phased according to sentence length. This means two prisoners serving apparently similar sentences may have different implementation dates depending on the statutory transitional rules. Release calculations can therefore be complicated and should be checked against the precise sentence, offence and commencement provisions applying to the individual offender.

Release on Licence

Release from prison does not normally mean that the sentence has ended. An offender released on licence serves the remainder of the relevant sentence in the community subject to licence conditions and probation supervision. Licence conditions can include reporting to probation, living at an approved address, avoiding specified people or places, treatment requirements and electronic monitoring. An offender who breaches licence conditions or whose risk can no longer safely be managed in the community 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. Where Parole Board approval is required, release will depend on the statutory test being satisfied.

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 safely be managed in the community.

Whole-Life Orders

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

Domestic Abuse Findings from 5 October 2026

From 5 October 2026, courts in England and Wales have an additional statutory duty when sentencing an offence that the court considers involved domestic abuse carried out by the offender. Where the court reaches that view, it must state in open court that the offence involved domestic abuse. The finding is formally recorded so that domestic abuse perpetrators can be more consistently identified within the criminal justice system.

The judicial finding does not itself create a new criminal offence and does not by itself alter the length of the sentence. Courts must continue to apply the relevant sentencing law and Sentencing Council guidelines.

Sentencing and Release Rules Can Be Complex

The Sentencing Act 2026 has introduced substantial changes to sentencing, release and supervision in England and Wales, with different provisions commencing on different dates. The date of the offence, date of sentence, type and length of sentence and precise offence can all affect when an offender may be released and what supervision applies afterwards.

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 the release provisions applying to an individual sentence.

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. You should seek advice from a suitably qualified solicitor about your individual circumstances.