Will I now only serve 40% of my prison sentence?

As a result of prison overcrowding across England and Wales, the new Labour Government have been instrumental in a new initiative to release certain offenders after they have served 40% of their sentence.  

A UK Statutory Instrument The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 No. 844 sets out the law in respect of this new provision which comes into force on 10 September 2024 in respect of some offenders, and 22 October 2024 for other offenders.  

The new rules will apply from 10 September 2024 for offenders sentenced on or after that date, or for those sentenced before that date if they received a sentence of imprisonment of 5 years imprisonment or less. 

For offenders sentenced before 10 September 2024, who have received a sentence of 5 years imprisonment or more, the new rules will not apply until 22 October 2024.  

It appears the different dates for the imposition of the new rules is simply to allow the authorities to recalculate sentences and deal with early released in 2 batches. 

Importantly, the new rules will not apply if:  

• The offender has been convicted of an offence listed in a schedule attached to the statutory instrument – these offences include: 
  • rape and sexual offences, including child sex offences and offences in respect of indecent images; and, 
  • domestic offences including stalking, and breach of a non-molestation order; and, 
  • controlling and coercive behaviour; and, 
  • terrorism offences and offences in respect of National Security.

• The offender has been convicted of a violent offence listed in Part 1 of Schedule 15(1) of the Criminal Justice Act 2003 AND received a sentence of 4 years imprisonment or more.  Offences in this schedule include:

• • Kidnapping 
  • False imprisonment  
  • Threats to kill  
  • GBH (section 18 or section 20) 
  • ABH 
  • Possession of a firearm with intent to endanger life / possession of a firearm with intent to cause fear of violence 
  • Robbery and aggravated burglary 
  • Arson 
  • Violent disorder and affray  
  • Causing death by dangerous driving. 

There may be some instances where the court sentences for both an offence where the new legislation applies, and an offence where it does not. The reduction may still apply even if an offender has been sentenced for something listed above. 

Overall, these provisions are therefore most relevant to those serving sentences for fraud, money laundering and drugs offences.  It is important to specifically check the relevant schedules for all offences an individual has been convicted of to consider if the provisions will apply.