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Types of things that affect a prisoner's release

Things that help determine when a prisoner is released include:

• the type of sentence - fixed term (determinate) or no fixed term (indeterminate)
• if they have to serve a minimum amount of time in prison
• the time they spent on remand (waiting for their trial) in prison
  

• Types of prison sentence

The Parole Board - what it does

Some prisoners eligible for release have their cases reviewed by the Parole Board. This is an independent body that decides when certain prisoners can be safely released.

• How Parole Board hearings work

Being released if on a fixed term (determinate) sentence

A prisoner serving a determinate sentence is normally released automatically halfway through their sentence. For example, someone sentenced to two years in prison will generally be released after one year.

Certain types of crime committed before 4 April 2023

A prisoner serving a determinate sentence must apply to the Parole Board if both the following apply. They:

• committed a serious violent or sexual crime before 4 April 2023
• were given a sentence of more than four years
  

Being released if on a non fixed term (indeterminate) or life sentence

If a prisoner is serving an indeterminate sentence, their case is sent automatically to the Parole Board at a certain point. This happens six to nine months before the end of the prisoner’s tariff (the minimum length of time a prisoner must spend in prison).

For this to happen, the prisoner must be serving one of the following sentences:

• an Indeterminate Sentence of Imprisonment for Public Protection (IPP)
• a life sentence

The Parole Board can decide at a hearing to:

• release the prisoner at the end of their tariff - if the Board think it’s safe to
• not release the prisoner - the case will be reviewed again at regular intervals

• How Parole Board hearings work

• Types of prison sentence

Being released 'on licence'

If a prisoner is sentenced to a determinate sentence of 12 months or more, the second half of their sentence is spent in the community. This is 'on licence'.

Being on licence means they have to meet certain conditions - like having to stay away from the victim of their crime.

If they break any conditions or commit another crime, they could go back to prison to serve their sentence.

The prisoner is supervised (managed) by the Probation Service.

• Probation - what it is

'Home Detention Curfews' - what they are

Prisoners who are sentenced to between three months and four years in prison can sometimes be released before the ‘normal’ half-way point. If this happens, they have to stick to a curfew.

Being on a curfew means they have to be at a particular place at a certain time. This would normally be their own home between 7.00 pm and 7.00 am.

If they don’t stick to the rules of the curfew, they can be sent back to prison.

• What happens if you break the terms of your probation

Being released for short periods of time

Prisoners may be allowed to leave prison for short periods. This is called ‘release on temporary licence’. Prisoners can generally apply to do this towards the end of their time in prison.

Prison staff can explain how they do this and how the prisoner is supervised (managed) when outside prison.

The prison won’t release someone if, for example, it thinks they are a risk to the public.

There are different types of release a prisoner can apply for.

Resettlement day release

A ‘resettlement day release’ lets a prisoner out during the day. For example to go to work or keep in touch with their family.

Resettlement overnight release

A ‘resettlement overnight release’ generally lets a prisoner spend the night at the place they will live at after they are released.

Special purpose licence

A ‘special purpose licence’ lets a prisoner leave prison for a few hours for an unexpected family or personal event. For example, to go to the funeral of a close relative.

Childcare resettlement licence

A ‘childcare resettlement licence’ lets a prisoner spend time with their child or children. They can apply for this if they will be the sole carer of a child or children under 16 when they finish their prison sentence.

• Probation - what it is

• What happens if you break the terms of your probation