Opening Hours
Monday to Friday 9.00am ‐ 8.00pm Saturday and Sunday 10.00am ‐ 3.00pm Sentence Calculation 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 is a range of sentences available and
the judge or magistrates have to decide
which type of sentence is right. When an
offender is released from prison will depend
on the type of sentence.
Determinate sentences – fixed length
of time
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.
For offences committed on or after 1
February 2015, those who are over 18 years
who receive a determinate sentence of at
least 2 days but less than 2 years will be
released on licence half way through their
sentence. They will be on licence until the
end of their sentence, with an additional
period of post-sentence supervision. This is
to ensure that all offenders for sentences
under two years are supervised for a period
of 12 months.
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.
Sentences under 2 years
The rules governing when a prisoner is
released vary depending on the length of the
sentence and when the offence was
committed. For sentences under two
years the rules changed on 1 February
2015.
Please see the table below for examples of
the changes to sentences depending on
when the offence was committed.
Updated April 2015 © Copyright Offenders’ Families Helpline 2015
Sentence
Offences committed before 1 February
Offences committed after 1 February
2015
2015
Time spent
Release arrangements
in prison
6
3 months
months
Time spent
Release arrangements
in prison
3 months community
3 months
3 months licence
sentence, no licence
And 9 months post-
conditions or supervision
sentence supervision.
Total supervision of 12
months
12
6 months
months
6 months community
6 months
6 months licence and 6
sentence, no licence
months post-sentence
conditions or supervision
supervision. Total
supervision of 12 months
18
9 months
9 months’ licence
9 months
9 months licence and 3
months post-sentence
months
supervision. Total
supervision of 12 months.
Extended sentences
Sentences of over 2 years
Offenders who are sentenced to two years
or more will serve half their sentence in
prison and serve the rest of the sentence in
the community on licence. While on licence
an offender will be subject to supervision and
the licence will include conditions. If an
offender breaches their conditions, they may
be recalled to prison.
Offenders serving sentences of between
three months and four years, with certain
exceptions for violent and sexual offenders,
may also be eligible for release on a home
detention curfew (HDC). This allows an
offender to be released up to 135 days (four
and a half months) before their automatic
release date. The offender will be
electronically tagged and a curfew imposed.
If the offender breaches the curfew they can
be recalled to prison.
Extended sentences were introduced to
replace the previous IPP sentences and are
only given to offenders aged 18 or over who
are considered a significant risk to the public.
An extended sentence may given to an
offender aged 18 or over when:
 they are guilty of a specified violent or
sexual offence
 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
Updated: April 2015 © Copyright Offenders’ Families Helpline 2015

the offender has a previous conviction
for an offence listed in schedule 15B
to the Criminal Justice Act 2003 or the
current offence justifies an appropriate
custodial term of at least four years.
The judge decides how long the offender
should stay in prison and also fixes the
extended licence period up to a maximum of
eight years. The offender 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 offender will be
released at the expiry of the prison term.
Following release, the offender will be
subject to the licence where he will remain
under the supervision of the National
Offender Management 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
offender’s solicitor, or to check via the justice
website for further details.
Life sentences
exception to this is when a life sentence is
passed with a ‘whole life order’ meaning that
such an offender 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 offender 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 offender 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, an offender 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.
When a court passes a life sentence
(sometimes called an indeterminate
sentence) it means that the offender will be
subject to that sentence for the rest of their
life. A judge must specify the minimum term
(sometimes called the tariff) an offender
must spend in prison before becoming
eligible to apply for parole. The only
Updated: April 2015 © Copyright Offenders’ Families Helpline 2015
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 offenders
convicted of those offences will get life.
Read more about discretionary life
sentences.
Updated: April 2015 © Copyright Offenders’ Families Helpline 2015