Will my release point be halfway through my prison sentence, or two thirds?

In England and Wales, you may be given a custodial sentence but that does not necessarily mean that you will spend the whole time in prison.  

For most sentences, only half of the sentence will be served in prison. The offender will then serve the second half of their sentence on licence in the community. So, if you received a 36-month sentence (3 years), you would serve 18 months in prison, and 18 months on licence.  When released from prison on licence, an offender will be given a set of condition to comply with, if they breach any of those conditions, or commit any further offences, then they could get sent back into prison. 

From September 10th 2024, there are certain instances where you may only serve 40% of your sentence in custody. Read our article here to find out more.  

Sentences 4 years and over 

Since the Police, Crime, Sentencing and Courts Act 2022 (‘The 2022 Act’), certain violent and sexual offences now have a default release point of two-thirds into a custodial prison sentence for sentences over 4 years. This is different from normal prison sentences, where the default release point is half-way into the sentence.  

This means that if you are convicted of an offence which is listed by the 2022 Act, you will have to serve more time in prison (two thirds of your whole sentence, instead of a half), before being automatically released on licence in the community. 

Which offences does the 2022 Act apply to?  

There are only 5 violent offences that this Act is relevant to. They are:  

• Manslaughter 

• Soliciting murder 

• Wounding with intent to cause grievous bodily harm, contrary to s.18 of the Offences Against the Person Act 1861 

• Attempting, conspiring, inciting to commit murder 

• Encouraging or assisting to commit murder 

If you are convicted of one of the above offences, then you will have to serve at least two-thirds of your prison sentence in prison custody. However, if you are not convicted of one of the above, the 2022 Act will not apply. There may be other reasons why your time in custody is made longer though. For instance, you may be assessed as dangerous and therefore given an indeterminate sentence. A dangerousness assessment may increase your sentence, as well as your licence period.  

The 2022 Act will apply to all of the sexual offences described within Part 2 of the Criminal Justice Act 2003. There are close to 90 offences in this section, they include: 

• Rape  

• Sexual assault  

• Intercourse with a girl under 16 or 13 

• Offences relating to prostitution or running a brothel  

• Indecent conduct towards children  

• Creating or possessing indecent photographs of children  

As there are a number of offences which the 2022 Act could apply to. You should seek specialist advice to make sure that this applies to your case. Speak to Sonn Macmillan Walker to get legal advice on whether you need to serve two-thirds of your sentence.  

Sentences 7 years and over 

If you are convicted of certain other violent offences, section 244(3) of the Criminal Justice Act 2003 will apply, and you will have to serve two-thirds of your sentence in custody if: 

• you receive a prison sentence of 7 years or more 

• The offence carries a maximum sentence of life imprisonment  

• It is listed in part 1 or 2 of Schedule 15 of the CJA 2003 

Some examples of these offences include: 

• Causing explosion likely to endanger life or property (Terrorism) 

• Possession of a firearm with intent to endanger life  

• Robbery 

• Arson 

This provision is properly set out in section 244ZA(4). 

Given that sentence is a very complex area, make sure that you speak to one of our lawyers for specific advice on your case.