Sentencing Act 2026

Understand Your Sentence

The Sentencing Act 2026 changes how release dates are calculated. Use our free tools to understand what these changes mean for you or your loved one.

Release changes now start on 1 October 2026
The Sentencing Act 2026 progression model was due to start on 2 September 2026. It now starts on 1 October 2026 and reaches people already in custody in stages by sentence length. Rape, serious child sex and grooming offences have been barred from the changes, so release points for those offences do not move. Both announcements are awaiting the regulations that put them into law.
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Before You Start

Gather this information from your court paperwork

Sentence Length

Total in years, months, or days

Start Date

When your sentence began

Remand Time

Days in custody before sentencing

Sentence Type

Standard, extended, or 244ZA

Estimates only. Always consult a solicitor for advice specific to your situation.

Frequently Asked Questions

What is the Sentencing Act 2026?

The Sentencing Act 2026 is a new law that received Royal Assent on 22 January 2026. It makes significant changes to how courts sentence offenders and when prisoners are released. Key changes include earlier release for some prisoners (at one-third instead of the current 40%), a presumption that short sentences should be suspended, new Income Reduction Orders, and new community order requirements. The release changes start on 1 October 2026, and rape, serious child sex and grooming offences were barred from them on 4 August 2026.

Will I be released earlier under the new Act?

It depends on your offence and sentence type. Standard Determinate Sentences (not under section 250 or 244ZA) currently release at two-fifths (40%) and will change to one-third (33%) under the new Act. Section 250 sentences (youth detention for serious offences) release at one-half and are unchanged. Section 244ZA subsections (4) and (5) offences will change from two-thirds to one-half. The most serious offences under section 244ZA(6) remain at two-thirds. Rape, serious child sex and grooming offences are excluded altogether, so those release points do not move. Transitional provisions mean these changes reach people already serving sentences, in monthly stages by sentence length.

Does this calculator account for good behaviour?

No. Release dates in England and Wales are determined by the release fraction (e.g., 1/2, 1/3, or 2/3 of the sentence) and are automatic. Unlike some other jurisdictions, there is no system of "good time" credits that reduce sentences based on behaviour. However, bad behaviour can result in "added days" which extend the time in custody, and the Sentencing Act 2026 doubles the maximum an Independent Adjudicator can impose from 42 to 84 days per incident.

What if I have consecutive sentences?

For consecutive (back-to-back) sentences, you should add the total lengths together before using this calculator. For example, two 2-year sentences running consecutively would be entered as 4 years. However, complex cases with mixed sentence types should be discussed with a solicitor.

When do the Sentencing Act 2026 rules actually come into effect?

The Sentencing Act 2026 received Royal Assent on 22 January 2026, and its provisions commence at different times. The suspended sentence changes started on 22 March 2026 and the 56-day fixed term recall on 31 March 2026. The new release points were due to start on 2 September 2026, but the government paused them and announced on 3 August 2026 that they will now start on 1 October 2026. People already in custody move across in monthly stages by sentence length. The regulations confirming the new dates have not been laid yet.

What is the suspended sentence presumption?

Under Sections 1 and 2 of the Sentencing Act 2026, courts must now suspend prison sentences of 12 months or less unless there are exceptional circumstances. Exceptions include: already in custody for another offence, breach of a court order, significant risk of harm to an individual, or consecutive sentences totalling over 12 months. The maximum suspended sentence term has also increased from 2 to 3 years.

What is an Income Reduction Order?

A new type of financial penalty introduced by Section 3 of the Sentencing Act 2026. If you receive a suspended sentence, the court can order you to pay up to 20% of your monthly income above a minimum threshold (approximately £1,500/month based on 170× national minimum wage). This runs for the duration of your suspended sentence and can be reduced but not increased.

Do the new release rules apply if I was sentenced before the Act?

Possibly, yes. Section 23(12) states the new release fractions apply to sentences imposed before the Act came into force if, on that day, you were still in custody or on HDC curfew. However, terrorism and national security offences are excluded from this transitional provision.

Why does my release date differ from what the prison told me?

This calculator provides estimates only. Prisons calculate exact dates using official systems and have access to complete case records. Differences can arise from: credits not entered into our calculator, added days we don't know about, or transitional provisions between old and new rules. Always verify with your offender manager or prison administration.

What is section 244ZA?

Section 244ZA of the Criminal Justice Act 2003 (as amended by the Sentencing Act 2026) determines release fractions for serious offences. Subsections (4) and (5) offences will release at one-half (changed from two-thirds). Subsection (6) offences (youth exception) remain at two-thirds. Subsection (7) lists specific excluded offences. If your offence is covered by 244ZA, your release will be later than standard sentences.

What is a Section 250 sentence?

Section 250 of the Sentencing Code applies to offenders under 18 convicted of serious offences. Unlike standard SDS which moves to one-third release, Section 250 sentences continue to release at one-half (50%) under the Sentencing Act 2026. This is unchanged from current law.

What are the new community requirements?

The Sentencing Act 2026 introduces four new requirements that can be added to community orders or suspended sentences: (1) Driving prohibition – banning driving even if the offence wasn't driving-related, (2) Public event prohibition – banning attendance at concerts, sports events, etc., (3) Drinking establishment prohibition – banning entry to pubs and clubs, and (4) Restriction zone – requiring you to stay within a specified area with electronic monitoring.

Can victims now get transcripts of sentencing?

Yes. Section 22 of the Sentencing Act 2026 gives victims the right to request a free transcript of the judge's sentencing remarks. This must be provided within a time period set by regulations. Additionally, Section 6 requires courts to state in open court when an offence involved domestic abuse.

Can I be released on Home Detention Curfew (HDC)?

For now, yes, subject to sentence length, offence type and risk assessment. Section 26 of the Sentencing Act 2026 widened HDC: eligibility extends to sentences of 4 years or more, and the maximum curfew period increases from 180 to 365 days. But once the progression model starts on 1 October 2026, HDC is removed for adults serving a standard determinate sentence - the earlier release point replaces it. HDC continues for some youth sentences. This calculator does not factor in HDC at all.

How does the Sentencing Act 2026 change HDC eligibility?

Section 26 widens HDC while it lasts: eligibility extends to risk-assessed offenders serving 4+ years; maximum curfew increases from 180 to 365 days; the lifetime ban for previous HDC breaches becomes a 2-year ban from current sentence date; and the "at risk" return ban is repealed. Exclusion categories (sex offenders, terrorists, SDS+ sentences) remain unchanged. Once the progression model comes into force, HDC is abolished for adults on a standard determinate sentence.

Can I get HDC if I was recalled before?

Under the Sentencing Act 2026, the old lifetime ban on HDC for previous curfew breaches is replaced. You can only be banned from HDC if you were recalled for a curfew breach within the last 2 years from when your current sentence was imposed. The "at risk" return ban has also been repealed entirely, so being returned "at risk" from a previous HDC no longer bars future eligibility.

Do the release changes apply to rape and child sex offences?

No. On 4 August 2026, following a review, the government announced that rape, serious child sex offences and grooming offences are barred from the progression model. Release points for those offences stay exactly as they are now. Being excluded does not make a sentence longer - the change simply does not apply. Life, IPP and extended determinate sentences were never in scope, covering more than 18,000 people. The regulations putting the offence exclusions into law have not been made yet.

When will the new release point apply to my sentence?

People sentenced after the changes come into force get the new release point straight away. People already in custody move across in monthly stages, shortest sentences first. The staged schedule in law runs from 2 September 2026 to 8 June 2027, but it assumes the old start date, so expect each stage to shift later now that the start has moved to 1 October 2026. Our commencement checker shows which stage a sentence length falls in.

Is this tool official or endorsed by the government?

No. This calculator is an independent educational tool provided by Inside Out Justice, a non profit organisation. It is not official legal advice and is not endorsed by the Ministry of Justice, HMPPS, or any government body. For official information, contact your offender manager or seek legal advice.

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