Yesterday (22 January 2020), the government followed through on one of its manifesto commitments, bringing legislation before Parliament to end the automatic halfway release for offenders sentenced for serious sexual and violent crimes.
Since 2005 the majority of people committing these crimes serve what is known as ‘standard determinate sentences’ and are released automatically at the half-way point, serving the second half of their sentence in the community. The Government will change the release point to two-thirds for certain serious offenders which, the MoJ press release contends:
“will allow for a greater period of rehabilitation in prison as they prepare to resettle into the community”.
The government is achieving this by introducing two Statutory Instruments: the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 and the Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations Order 2019. The first will change the release point for those serving standard determinate sentences of 7 years or more where the maximum sentence is life to the two-thirds point. The second SI is a technical instrument to ensure the changes can apply to those serving consecutive sentences.
If approved by both Houses the changes will come into force on 1 April 2020 and will apply to relevant sentences imposed on or after that date. It is clear that the legislation will not be applied retrospectively to those already sentenced for these crimes.
The press release goes on to explain that there are three main types of sentences available for serious violent and sexual offenders:
- Life sentences where an offender spends a minimum period or tariff in prison before being considered for release by the parole board. If released, offenders spend the rest of their life on licence and can be recalled to custody.
- Extended Determinate Sentences – the offender becomes eligible to be considered for release by the parole board from the two thirds point of their sentence but can serve the full term in prison if not assessed to be safe to release earlier. The custodial term is followed by an extended period on licence for ongoing public protection – up to 8 years for sex offenders and five years for violent offenders. In effect the EDS is the replacement for IPP sentences, although in this case prisoners must be released once they have served their full term.
- Standard determinate sentences – until now the offender will be automatically released at the halfway point in his/her sentence and be on licence in the community for the second half of the sentence (those serving short prison sentences of less than 12 months will have additional supervision in the community for a minimum period of 12 months).
The new legislation will apply to anyone sentenced for serious violent or sexual offences which carry a maximum penalty of life (including crime such as manslaughter, rape or GBH).
In 2018, there were over 4000 standard determinate sentences imposed for crimes of this nature so it is likely that at least 4000 people per year will come under the new rules which will result in them spending much longer periods in custody. For example, someone sentenced to 9 years imprisonment on 31st of March this year would be automatically released after serving 4 and a half years. If Parliament approves this legislation, an individual sentenced to 9 years imprisonment on one April would serve 6 years in custody.
Most criminal justice commentators have expressed the view that it is unlikely that this 18 months will result in more effective rehabilitation work, particularly given the current state of our prisons.
The other consequence is, of course, that the prison population will grow substantially at a time when many prisons are already overcrowded.
69 responses
Hi,
Could you advise on what that means for I.p.p prisoners?
My partner done 13 years following a recommended term of 3 and 1/2 for a terrible fight.
However surely he must be due for release?
Is he still inside? July 2023
And you want to stay with your partner after him on purpose with seriously harming a member of the public and in your words a terrible fight are you mad with thinking he has a right to be released knowing he’s a risk to the public what is wrong with you? Hopefully he hasn’t been released go and find someone better you must be stupid if you think he would change when it’s clear he’s a risk to the public shame on him thinking it’s ok to attack a member of the public
Kelly
IPP (Immediate Public Protection) sentences were scrapped im 2012 but many prisoners still remain in custody under these. IPP sentences were designed to indefinately detain those prisoners who remain a risk to the public even after their minimum sentence term. They are only released back into to the public when the Parole Board considers it safe to fo so. Many prisoners remain trapped in this sentencing system and many consider the system to be broken.
https://www.theguardian.com/law/2019/nov/10/ipp-sentencing-regime-in-england-and-wales-branded-deeply-harmful
My ex partner has been out of prison a year after doing 22 months for coercive control and extending that by breaking a restraining order, he’s now back in for beating up his new partner and is looking at 5 years. He has a long history of violence towards women in his record and has been in prison even before this it turns out…. Will this be taken into account at sentencing and will that mean he still gets released at the halfway point?
My partner is in prison after beaches he’s got court on 9th octeber how long will he be sentenced for he already done 6 months already
My partner was sentenced to 9yrs in spain and is in spanish prison. Hes served almost 4 yrs now will he be due release halfway or brought back to uk
My partner is serving 9 yrs in a spanish prison. He has served almost 4 yrs of this. When will he beable to be released back to the uk
9 years you will do 6 of that sentence any violent crime committed you will have to do 2/3 of your sentence instead of the half then the other half in the public on license
My daughter was sentenced to 8 and half years for fighting in 2018, was found guilty January 2020, was due to be sentenced March 2020, but was not sentenced until June 2020, is it right that she has to serve 2 thirds.
Hi Susan
I’m afraid you need expert legal advice on this. I’m not a lawyer and it’s too important for me to get it wrong. The lawyer who represented your daughter at court should be able to tell you this.
Best Wishes
Russell
Hi my husband just got 7 years long dose he have to serve
7
She will do half
yes that’s right, she will have to serve 2 thirds
Yes
My grand son aged 16 went prison fbh now out 3 mths got in to a fight last nite no one badly hurt But he will go Court to moz Only did 2 outta 4 yr sentence will he go bk now jus 18 now
Learn how to spell right people won’t understand you properly when your speaking like an idiot 🙄
Yes any prison term up to 4 years you do half and over 4 years you serve two thirds
Yes any sentence over 4 years in uk they will serve 8 months for every year in other words 2 thirds and any sentence up to 4 years you serve half
Hopefully. You don’t get 8.5 years just for fighting, she must have done more than that.
I’m just wondering if anyone can tell me if my son will have to do full sentence he got 12 years 4 years ago n 4 extended licence will he have to do the full 12 years it wasnt ipp
Does law apply if the crime was 6 months before the law change but the case went to court after the law change.my partner got 7 years he’s got do nearly 5 but his crime was July 2019 and as just gone to court
Hello I really need help , my ex partner is serving 6 months . (28 weeks) will be getting half 3 months???
Hi, they should serve half the sentence before release (less any time spent on remand in custody)
Hi, Could anyone advise me as well regarding a 60 month sentencing for possession/distribution of substance? My dad has received a letter with the words “two-thirds date” Does that mean he’d only have to do 40 months of his sentencing?
My son is sentenced for 10.5 yrs. for GBH What is minimal length of time to serve in prison and to be released early.
3thirds of that he will have to do so near7/8 years
When he will be able to apply for parole board?And what is the best outcome?
He’ll do 7 years.
Hi my husband has just been served 13 years and has went guiltly how long will he serve
Hell do two thirds so about 8.5 years inside
When he will be able to apply for parole board and what is the best outcome ?!
Will inmates get that proposition 57 program for jail
Is county jail double time?
Do you need to take the covid test just to go to prison? If your a inmate?
Is there any other programs that an inmate can do if he’s serving 7years?
Can we petition an early release or parole for an inmate?
We should be able to they have rights
My partner has been sentenced today to 4 years.
But has been doing time since December because he has been kept on judges remand
How many months/ or years will he be doing?
2 years I belive plus take a way the time spent on judges remand
My boyfriend was sentenced to 9 years for aggravated robbery he has done 6 already is he able to get released soon
No
My son was sentenced to 7 and a half years November 2020. Its his first time. He has now been sent to Leicester prison . How much time does he have to do?
Sandy Bell at g mail.com. my son was sentenced to 13yrs. To serve 9yrs. How long will he do. Please
A neighbour got 15 years and a year on licence 4 years ago for rape if a child his wife lives in the same house we all live in fear he can come back one day how long will he need to serve of his sentence before he’s eligible for parole
My husband got sentenced for 6 months aug 29,2021 and has to do 2/3rds of his sentence what date would he be out ? -CANADA- & what happens after he’s realeased
Hi my nephew was sentenced to 15years.it was in 2017.how long will it take for him to get out.he was arrested for robbery with aggriviated.and if possible could you please share with me a good parole lawyer.numbers
My brother jailed for conspiracy to supply class A jailed 10 year how long will he serve,
Friend got 20 years will he spend all that in prison
Sentenced to
12 years after he was found guilty of causing grievous bodily harm.
The judge ordered he must serve at least eight years of his sentence.
Does this mean he has to do 8years in prison or is it (half=serving 4 / 2/3s= serving 5.3)
If his sentence was 12 years then it will be two-thirds of that so he will serve 8 years. If it was 4 years he would only serve a third of the original sentence
No, 2/3 of 12 = 8years
Hi my son was sentenced to 13 years , how long he will have to spend, he done 1 year already from that , pls and thanks.
2/3
Hi
My boyfriend has been sentenced to 21 months and ive been told with good behaviour it will automatically go down to 10. 5 months. will his sentence be able to go down more if he keeps his head down and just doesnt get into any trouble inside?
No
My husband is serving a 16 year EDS sentence with 4 years extended licence. His offense is conspiracy to steal and recklessly using explosives with the intent to cause damage to property and others ( blowing up chase machines with gas canisters). His earliest release date is 2027, and his actual release is 2032. We hoped he would get Cat D at least three years before 2027 ( best case for us) but the prison have said that as his early release date and his actual release date is 5 years apart he wouldn’t qualify for cat 2 automatically, it’s at the discretion of the governor. Does anybody know if this correct?
Correct
Hi im looking at time for pwits first time drug offence not really been in trouble couple of minor things how long would i be looking at thanks
5-10 years
My brother has been moved to an open prison 1 year ago. His prison record is excellent does that stand him in good stead for parole.He has already been out for the day with us several times
He has done 5 years of a 10 year sentence
My boyfriend has been in prison for 12yrs now and he is senteced for life in prison and now he told me something about two-thirds can I have full explanation about that
If he lifed off he must have got a minimum sentence
Hi if they get 24 years for drugs what will they need to do thanks
My Grandson dad was 20yrs old and got into a fight and got sentenced his now been in prison for 20yrs and still there my grand son friend got stabbed to death by 4 young lads and they got charged for manslaughter weres the justice when his dad done 20yrs in prison for fighting
Ok so just say that someone has been put on trail for an historic case from 2007 and will serve 12 years in prison isn’t it fair to say that he/she should only do half as the 2 thirds didn’t come into force until 2020. Under the human rights act you should be sentenced in accordance with the law at the time of the offence.?
It be a good test case if loads of people who do it actually do it reckon that be the next big thing that will happen
People need to say what you just said as it’s sort of true
The Judge may have taken that into account when sentencing.
So in 2007 he may have sentenced him to 16 years, but now 12 years