The Sentencing Act 2026 is bringing in important changes to release dates for many adult prisoners serving Standard Determinate Sentences.
These changes may affect people already in prison and people being sentenced now. However, the rules are being brought in gradually, so the new release dates will not apply to everyone straight away.
If you need urgent legal advice now, call or WhatsApp us on 0116 255 5155.
What is changing?
For many adult Standard Determinate Sentences (SDS), the release point is changing.
In broad terms:
- Prisoners who currently serve two-thirds of their sentence will move to release at half-way.
- Prisoners who currently serve 50% or 40% of their sentence will move to release at one-third.
This applies to Standard Determinate Sentences. It does not apply to every type of prison sentence.
What is a Standard Determinate Sentence?
A Standard Determinate Sentence is a fixed prison sentence, such as 3 years, 4 years or 6 years.
A person usually serves part of the sentence in prison and the rest in the community on licence.
The key question is when they are released from custody. That depends on the type of sentence, the offence, the date of sentence and the law in force at the time.
Prisoners currently serving two-thirds
Some prisoners currently have a release point at the two-thirds stage. This is usually for more serious violent or sexual offences.
Under the new rules, those prisoners will move from release at two-thirds to release at half-way, once the relevant provision is in force.
For example:
A prisoner serving 9 years who would previously have served 6 years before release may, once the new rules apply, have a release point at 4 years and 6 months.
This does not mean every prisoner is released immediately. The new rules only apply once the relevant commencement date has passed and the sentence falls within the new provisions.
Prisoners currently serving 50% or 40%
Many prisoners serving Standard Determinate Sentences are currently released at the half-way point. Some are also released at 40% under the temporary SDS40 scheme.
Under the new rules, these prisoners will move to release at one-third, once the relevant provision is in force.
For example:
A prisoner serving 3 years who would previously have been released after 18 months may, once the new rules apply, be released after 12 months.
Again, this depends on the commencement date and the sentence falling within the new rules.
SDS40 is being abolished
The temporary SDS40 scheme is being abolished.
This is important because many prisoners and families have become familiar with the 40% release point.
The broad position is that prisoners who are already subject to SDS40 before it is repealed may remain on that release arrangement. However, once SDS40 is abolished, new sentences will not be dealt with under SDS40.
This is likely to cause confusion and release dates should be checked carefully.
Does this apply to existing prisoners?
Yes, the new rules are expected to apply to many existing prisoners.
However, they are being phased in over several months. This means not all prisoners will be affected at the same time.
The key point is simple:
The new release fractions only apply once the relevant commencement date has passed.
A prisoner is not automatically entitled to the new release date simply because the Sentencing Act 2026 has been passed.
What about youth sentences under section 250 Sentencing Act 2020?
Sentences under section 250 of the Sentencing Act 2020 are not changed by these provisions.
This is important because SDS40 is being abolished.
For those sentenced under section 250 after SDS40 is repealed, the release point will return to 50%.
For those sentenced under section 250 before repeal and already subject to release at 40%, that 40% release point should remain unchanged.
What about Home Detention Curfew?
Once the relevant Sentencing Act 2026 provision is in force, Home Detention Curfew will no longer be available for adult prisoners serving Standard Determinate Sentences.
This is an important change.
Some prisoners may have previously expected to be released before their automatic release date on HDC. Under the new system, that route will no longer be available for adult SDS prisoners once the relevant provision has commenced.
Why is this confusing?
The position is confusing because:
- the new rules are being brought in gradually
- different sentences have different release rules
- SDS40 is being abolished
- some existing prisoners may still keep their current release position
- youth sentences under section 250 are treated differently
- HDC is being removed for adult Standard Determinate Sentences
This means release dates should not be guessed. They need to be checked properly.
What should prisoners and families check?
Prisoners and families should check:
- the sentence imposed
- the date of sentence
- whether it is a Standard Determinate Sentence
- whether the current release point is 40%, 50% or two-thirds
- whether the relevant commencement date has passed
- whether SDS40 applies
- whether HDC is still available
- whether any special rules apply because of the offence or sentence type
Advice for people being sentenced now
For people being sentenced now, the new rules may affect how much time is actually served in custody.
However, the length of the sentence is still set by the court. A 4-year sentence remains a 4-year sentence, even if the release point changes.
The court will still consider the offence, the sentencing guidelines, guilty plea credit, previous convictions, mitigation and any other relevant factors.
How Sahota & Sahota Solicitors can help
At Sahota & Sahota Solicitors, we represent clients at the police station, Magistrates’ Court and Crown Court.
We can advise defendants, prisoners and families on sentencing, release dates, appeals, breaches, recalls and the practical effect of the Sentencing Act 2026.
If you or a family member is affected by these changes, we can help you understand whether the new rules apply.
You can call or WhatsApp us on 0116 255 5155.
You can visit us at:
Sahota & Sahota Solicitors
25 New Walk
Leicester
LE1 6TE
Important note
This article is for general information only. Release dates depend on the sentence imposed, the offence, the date of sentence, commencement dates and the individual circumstances of the prisoner. Specific legal advice should always be taken before relying on any release calculation.
Sources support the broad position that SDS prisoners who currently release at half-way move to one-third, those currently at two-thirds move to half-way and HDC is being removed for adult SDS prisoners once the relevant provisions commence.
