Offences Excluded From the Release Changes
The offences barred from the progression model by the Schedule to SI 2026/953, and what being excluded actually means
What was announced
The Sentencing Act 2026 moves the automatic release point for most standard determinate sentences: from 40% or one-half down to one-third, and from two-thirds down to one-half. That package is called the progression model, and it starts on 1 October 2026.
On 4 August 2026, after a review of the policy, the government announced that rape, serious child sex offences and grooming offences would be barred from those changes. People sentenced for those offences keep the release point they have now.
What "excluded" actually means
This is the part the headlines tend to skip
Nothing gets longer
Being excluded does not add time to a sentence. It means the release point does not move. Someone released at two-thirds today is still released at two-thirds.
"Keeps the current release point" is not the same as "keeps 40%"
The 40% release point introduced in September 2024 had exclusions of its own. Sexual offences, domestic abuse offences and national security offences were left at one-half, as were sentences of four years or more for offences in Part 1 of Schedule 15 to the Criminal Justice Act 2003. Many of the offences now excluded from the progression model are in that group, so their release point is one-half rather than 40%, and it stays there. Offences excluded at two-thirds under section 244ZA stay at two-thirds.
The change simply does not apply
Everyone else on a standard determinate sentence moves to the earlier release point on 1 October 2026. People on this list do not.
It is about the offence, not the person
The exclusion attaches to the offence someone was convicted of. If a sentence covers several offences, check each one.
Licence and recall are unaffected
Time on licence, licence conditions and recall work exactly as they did before. Only the custody/licence split changes for people who are not excluded.
Who was already outside the progression model
The progression model only ever applied to standard determinate sentences. More than 18,000 people serving more serious sentences were never eligible:
- Life sentences — release is a Parole Board decision after the minimum term.
- Extended Determinate Sentences (EDS) — earliest parole stays at the two-thirds point.
- Imprisonment for Public Protection (IPP) — release requires a Parole Board direction.
- Terrorism and national security cases — the Act's transitional provisions expressly do not reach them.
The 4 August 2026 announcement added the offence-based exclusions below on top of those sentence-based ones.
The excluded offences
58 offences across 17 Acts, as published by the Ministry of Justice. Inchoate versions of each are covered too — see below.
Aviation and Maritime Security Act 1990
Children and Young Persons Act 1933
- s.1 Cruelty to Children also called Child Cruelty, Wilful Neglect of Child
Common Law
- s. Manslaughter also called Voluntary Manslaughter, Involuntary Manslaughter
Criminal Justice Act 1988
- s.160 Possession of Indecent Photo of Child also called Indecent Images of Children
Criminal Law Act 1977
Dangerous Dogs Act 1991
- s.3 Dog Dangerously Out of Control Causing Injury also called Dangerous Dog Attack, Dog Dangerously Out of Control Causing Death
Domestic Violence, Crime and Victims Act 2004
Indecency with Children Act 1960
- s.1(1) Indecent Conduct Towards a Young Child also called Indecency with Children
Infant Life (Preservation) Act 1929
Infanticide Act 1938
- s.1 Infanticide
International Criminal Court Act 2001
- s.51 Genocide, Crimes Against Humanity and War Crimes also called Genocide, War Crimes, Crimes Against Humanity
Offences Against the Person Act 1861
- s.4 Soliciting Murder also called Solicitation to Murder, Inciting Murder
Protection of Children Act 1978
- s.1 Making Indecent Images of Children also called Possession of Indecent Images of Children, Taking Indecent Photographs of Children, Indecent Images of Children, Taking, Distributing etc. Indecent Photographs of Children
Road Traffic Act 1988
- s.1 Causing Death by Dangerous Driving
- s.2B Causing death by careless or inconsiderate driving
- s.3A Causing death by careless driving when under influence of drink or drugs also called Causing Death by Careless Driving (Drink/Drugs), Causing Death by Careless Driving Under Influence, Causing Death by Careless Driving When Under Influence
- s.27A Causing Death by Dangerous Cycling
- s.28B Causing Death by Careless or Inconsiderate Cycling
- s.3ZB Causing death by driving: unlicensed, disqualified or uninsured drivers
- s.3ZC Causing Death by Driving: Disqualified Drivers
Sexual Offences Act 1956
- s.1 Rape (pre-2003) also called Rape (SOA 1956)
- s.5 Intercourse with Girl Under 13 also called Unlawful Sexual Intercourse with Girl Under 13
- s.6 Intercourse with Girl Under 16 also called Unlawful Sexual Intercourse with Girl Under 16
- s.10 Incest by a Man
- s.14 Indecent Assault on Woman also called Indecent Assault on a Woman (pre-2003)
- s.15 Indecent Assault on Man also called Indecent Assault on a Man (pre-2003)
- s.19 Abduction of Unmarried Girl Under 18 also called Abduction of Girl Under 18 from Parent or Guardian
- s.20 Abduction of Unmarried Girl Under 16 also called Abduction of Girl Under 16 from Parent or Guardian
- s.23 Procuration of Girl Under 21
- s.25 Permitting Girl Under 13 to Use Premises for Intercourse
- s.26 Permitting Girl Under 16 to Use Premises for Intercourse
- s.28 Causing or Encouraging Prostitution of Girl Under 16 also called Causing or Encouraging Intercourse with or Indecent Assault on Girl Under 16
Sexual Offences Act 2003
- s.1 Rape
- s.5 Rape of a Child Under 13
- s.6 Assault of a Child Under 13 by Penetration
- s.7 Sexual Assault of a Child Under 13
- s.8 Causing or Inciting a Child Under 13 to Engage in Sexual Activity
- s.9 Sexual activity with a child also called Sexual Activity with a Child
- s.10 Causing or Inciting a Child to Engage in Sexual Activity
- s.11 Engaging in Sexual Activity in Presence of Child
- s.12 Causing a Child to Watch a Sexual Act also called Causing a child to watch a sexual act
- s.13 Child sex offences committed by children or young persons
- s.14 Arranging or Facilitating Commission of a Child Sex Offence
- s.15 Meeting a Child Following Sexual Grooming also called Child Grooming, Meeting a child following sexual grooming, Child grooming
- s.16 Abuse of position of trust: sexual activity with a child also called Abuse of Position of Trust: Sexual Activity with a Child
- s.17 Abuse of Position of Trust: Causing or Inciting a Child to Engage in Sexual Activity
- s.18 Abuse of Position of Trust: Sexual Activity in Presence of a Child
- s.19 Abuse of Position of Trust: Causing a Child to Watch a Sexual Act
- s.25 Sexual Activity with a Child Family Member
- s.26 Inciting a Child Family Member to Engage in Sexual Activity
- s.47 Paying for Sexual Services of a Child
- s.48 Causing or Inciting Child Prostitution or Pornography
- s.49 Controlling a Child Prostitute or Child Involved in Pornography
- s.50 Arranging or Facilitating Child Prostitution or Pornography
- s.8A Rape of a Child Under 16
- s.8B Assault of a Child Under 16 by Penetration
- s.8C Causing or Inciting a Child Under 16 to Engage in Sexual Activity Involving Penetration
Suicide Act 1961
- s.2 Encouraging or Assisting Suicide also called Assisted Suicide
Checking a specific sentence
The release date calculator asks which offence the sentence was for. If you pick one from this list, it shows the release point as unchanged and explains why, instead of applying the new fraction.
Last reviewed
Checked against
- Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026 (SI 2026/953) — the Schedule is the exclusion list
- Sentencing Act offence exclusions (GOV.UK)
- Rape, serious child sex and grooming offences barred from sentencing changes (GOV.UK)
- Changes to automatic prisoner release dates in England and Wales (House of Commons Library, CBP-10974)
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