There are a number of different types of prison sentence available to a court. Read the sections on determinate sentences, extended sentences, and life sentences to find out more. For each crime there are a range of sentences available and the judge or magistrates have to decide which type of sentence is right. When a prisoner is released from prison will depend on the type of sentence. 

Will the prisoner serve the whole of their sentence in custody? 

The majority of prison sentences passed in court will include time to be served in prison and time to serve in the community. This means that a prisoner will not spend the whole of their sentence in prison. The exceptions are life and extended sentences which are regulated by different rules. 

How long will they be in prison for? 

A number of things can affect the length of time someone will spend in prison. This includes the date the offence was committed, the length of the sentence, whether a Home Detention Curfew (HDC) is granted and whether any extra days are added as the consequence of positive adjudications. 

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Sentencing Act 2026: Standard Determinate Sentence changes 

The rules around sentencing are changing. These changes will apply to most prisoners serving a Standard Determinate Sentence (SDS) and may impact their release date.

From 2 September 2026:

• Most eligible adult SDS and Detention in a Young Offender Institution (DYOI) prisoners will move to a new automatic release point and will be released at the one-third point.
• Eligible SDS+ and DYOI+ prisoners will be released at the halfway point as a result of different eligibility criteria and for public protection
• Prisoners serving several sentence types may not see a change in their overall release date.
• Home Detention Curfew will no longer be available for adults as a matter of course 
• Some eligible prisoners released in tranches from this date will be subject to Electronic Monitoring (also known as tagging) to ensure public protection and compliance with the first part of their licence period.   
• Changes are also being made to the number of days that can be added to a sentence if rules are broken while in prison. More information about this will be available soon.

These changes will apply to eligible prisoners already in custody and will be applied to all prisoners sentenced on or after 2 September.

Some eligible prisoners’ release dates might be brought forward if they have served over the one-third release point when the rules change. These releases will be managed in tranches from September 2026 to June 2027.

Prisoners will not need to do anything but will be informed if their release date is changing. They will also be told what they need to do to prepare for release. 

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Extended sentences

Extended sentences are only given to prisoners aged 18 or over who are considered a significant risk to the public when:

• the offender is guilty of a specified violent, sexual or terrorism offence (listed in Schedule 18 of the Sentencing Code)
• the court assesses the offender as a significant risk to the public of committing further specified offences
• a sentence of imprisonment for life is not available or justified, and
• the offender has a previous conviction for an offence listed in Schedule 14 of the Sentencing Code or the current offence justifies an appropriate custodial term of at least four years.

The judge decides how long the prisoner should stay in prison and also fixes the extended licence period up to a maximum of eight years. The prisoner will either be entitled to automatic release at the two thirds point of the custodial sentence or be entitled to apply for parole at that point. 

If parole is refused the prisoner will be released when their prison term ends. Following release, the person will be subject to the licence where he will remain under the supervision of the HM Prison and Probation Service until the expiry of the extended period. The combined total of the prison term and extension period cannot be more than the maximum sentence for the offence committed. 

Extended sentences can be quite complex dependent on the specifics of the case, it would be recommended to speak with the prisoner’s solicitor, or to check via GOV.UK for further details

Life sentences 

When a court passes a life sentence (sometimes called an indeterminate sentence) it means that the person with a conviction will be subject to that sentence for the rest of their life.  A judge must specify the minimum term (sometimes called the tariff) a prisoner must spend in prison before becoming eligible to apply for parole. The only exception to this is when a life sentence is passed with a ‘whole life order’ meaning that such an prisoner will spend the rest of their life in prison.  A life sentence always lasts for life whatever the length of the minimum term. 

Mandatory life sentences 

Parliament has decided that if a person is found guilty of murder, a court must give them a life sentence. A person may also be given a life sentence for offences such as rape or armed robbery. The judge will set a minimum term (the tariff) an prisoner must serve before they can be considered for release by the Parole Board. The prisoner will only be released once they are no longer deemed to pose a risk to the general public. If released, an person with an conviction serving a life sentence will remain on licence for the rest of their life. They may be recalled to prison at any time if they are considered to be a risk to the public. They do not need to have committed another offence in order to be recalled. 

Whole life order 

For the most serious cases, a person may be sentenced to a life sentence with a ‘whole life order.’ This means that their crime was so serious that there is no minimum term set and that they will never be released from prison. 

Discretionary life sentences 

There are a number of crimes for which the maximum sentence for the offence, such as rape or robbery, is life imprisonment. This does not mean that all or most people convicted of those offences will get life. 

Watch this video from the Sentencing Council on how people with convictions are sentenced in England and Wales 

Page last reviewed: 16 June 2026

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