Prison sentences explained

In 2023, the Justice Committee concluded that there is a need for greater efforts to develop public knowledge of sentencing, and that it is “incumbent on all policymakers and opinion-shapers to play a role in shaping constructive debate”.¹House of Commons Justice Committee (2023). Public opinion and understanding of sentencing. House of Commons. In this section, we set out the main types of prison sentences used in England and Wales.

Community sentences

Community sentences are different to custodial sentences. They impose any number of 16 requirements on a person, which they must comply with. If a person breaches the conditions of their community sentence they can be fined, have additional restrictions imposed, or could be resentenced, with the possibility of custody.²Sentencing Act 2020, schedules 9 and 10. The Sentencing Act 2026 added four new requirements.³Sentencing Act 2026, s14–17.

Custodial sentences

In this section we explain the different types of custodial (prison) sentences. To aid understanding, we have produced a series of charts showing the different stages of a sentence, which are indicated by using different colours shown in the legend below. You can hover over any of the coloured bars at any point to find out which stage they refer to.

Custodial sentences: Suspended

Suspended sentences are the least restrictive form of custodial sentence. They do not actually send people to prison—but they use the threat of doing so. Judges may ‘suspend’ a custodial sentence of up to two years, and may impose conditions such as a curfew or unpaid work­—the Sentencing Act 2026 extends this to three years.⁴Sentencing Act 2026, s2. If someone breaches their conditions or commits a further offence within the suspended sentence time period, they can be sent to prison for the remainder of the sentence.⁵Sentencing Council (n.d.). Imposition of community and custodial sentences. Accessed 27 January 2026.

Custodial sentences: Standard determinate

Standard determinate prison sentences have a set length, and an automatic release date in most circumstances. The length is based on the offence and certain personal and offence-related factors. Many people are automatically released after serving 40% of their sentence, except people convicted of certain sexual, violent, domestic abuse, terrorism and national security offences.⁶The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024. All serve the remainder under supervision by the Probation Service. If they breach their licence conditions, they can be recalled to prison for the rest of their sentence.⁷Sentencing Council (n.d.). Determinate prison sentences. Accessed 13 January 2026. The Sentencing Act 2026 will amend the release point to 33% in some cases, but on the basis of ‘good behaviour’.⁸Sentencing Act 2026, s23.

People serving standard determinate sentences of four years or more are released after serving two-thirds of their sentence if they are convicted of serious violent or sexual offences. If they are not convicted of such offences, they are released at the halfway or 40% point—depending on their offence.⁹Sentencing Council (n.d.). Determinate prison sentences. Accessed 13 January 2026.

People serving a standard determinate sentence for terror offences are not automatically released. They are instead assessed by the Parole Board as to whether it is safe to release them.¹⁰Terrorist Offenders (Restriction of Early Release) Act 2020, s1. As of 2022, anyone serving a standard determinate sentence can have their automatic early release prevented if they become a significant public protection concern. They are instead referred to the Parole Board.¹¹Police, Crime, Sentencing and Courts Act (2022), s132.

Sentences for offenders of particular concern

People convicted of certain terrorism and child sexual offences can receive a special sentence reserved for ‘offenders of particular concern’ (SOPC). They prevent automatic early release, with discretionary release considered by the Parole Board at the two-thirds point instead, and an additional year of supervision on licence at the end of the full custodial period is added.¹²Judicial College (2026). The Crown Court compendium part II: Sentencing. The Sentencing Act 2026 extended eligibility for this sentence to include national security offences.¹³Sentencing Act 2026, s7.

Extended determinate sentences

Extended determinate sentences (EDS) are longer sentences with additional public protection measures. People serving EDS are not eligible for automatic early release.¹⁴EDS sentences work slightly differently depending upon the date of sentence, offence, and sentence length. People who received their sentence before 13 April 2015 with a custodial period of less than 10 years are released automatically at two-thirds of the custodial term, with the exception of certain specified offences. Historic versions of EDS (such as the Extended Sentence for Public Protection, or EPP) have further variations. They are reviewed by the Parole Board two-thirds of the way through their sentence, and can be released on licence if the board concludes it is safe to do so. They serve the rest of their custodial term supervised by the Probation Service, and have an additional period of up to eight years on licence imposed by their judge.¹⁵Sentencing Academy (n.d.). Extended sentences. Accessed 13 January 2026. People serving an EDS for certain terror offences must now serve their full custodial term in prison and up to 10 years on extended licence.¹⁶Counter-Terrorism and Sentencing Act 2021, s16–18, s20, s27–s28 and s31

Serious Terrorism Sentence

Serious Terrorism Sentences impose a minimum custodial period of 14 years which must be served in full, followed by an extended licence period of between 7 and 25 years.¹⁷Counter-Terrorism and Sentencing Act 2021. s4–7.

Custodial sentences: Imprisonment for public protection (IPP)

People serving an IPP sentence have a minimum term they must spend in prison (a tariff) based on their crime. They are then detained indefinitely, potentially for the rest of their life, until the Parole Board decides they are safe to release. They must then be managed indefinitely on licence, and may be recalled for an indefinite period. The Parole Board may lift their licence two years after release or leave it in place¹⁸Sentencing Academy (n.d.). Imprisonment for Public Protection (IPP) sentences. Accessed 13 January 2026. (reduced from three years in 2026).¹⁹Sentencing Act 2026, s42. IPP was abolished in 2012, but over 2,400 people are still in prison, despite an inquiry describing the sentence as “irredeemably flawed.”²⁰House of Commons Justice Committee (2022). IPP sentences. HC 266. House of Commons.

Mandatory life sentence

Mandatory life sentences must always be imposed for murder. All life sentences (except Whole Life Orders) have three parts. A judge decides the minimum term (number of years) a person must serve in prison, which is based on the seriousness of their crime. Once the minimum term has expired they must be detained indefinitely in prison until the Parole Board decides they can be safely managed in the community. Once released, they are then on licence, supervised by the Probation Service, for the rest of their life, and may be recalled indefinitely to prison if they breach their licence conditions.²¹Sentencing Academy (n.d.). Sentencing explained: Life sentences. Accessed 13 January 2026.

Custodial sentences: Discretionary and automatic life sentences

There are instances where a life sentence may be imposed for offences other than murder. These include serious violent, sexual and terror offences (discretionary life sentence), and when a person is convicted of a second serious offence (automatic life sentence). Certain other legal provisions also apply, including offence seriousness, dangerousness of the perpetrator, and pattern of previous offending.²²Sentencing Academy (n.d.). Sentencing explained: Life sentences. Accessed 13 January 2026.

Whole Life Order

A judge has the option to impose a Whole Life Order in any instance where a life sentence is passed, which means a person can never be released from prison. In practice they have been used very rarely, though numbers have increased in recent years. While in law the secretary of state may release a person serving a Whole Life Order on compassionate release in exceptional circumstances, this power has never been exercised.²³Sentencing Academy (n.d.). Whole Life Orders: Attorney General’s reference. Accessed 12 February 2024.