Around 700 prisoners released early as new sentencing rules take effect

About 700 prisoners were expected to leave jails across England and Wales on Thursday 1 October. It was the first day of new early release rules brought in by the Sentencing Act 2026.

Under the change, most adults serving a standard determinate sentence, the most common kind of fixed-term prison sentence, will be released automatically after a third of their sentence. Before, they served 40% or 50%. Prisoners convicted of more serious offences, who used to serve two thirds, will usually now serve half.

How the releases will be phased

The Ministry of Justice estimated that about 700 people would be released on the first day. It expects about 3,800 more to be released in nine further stages between October 2026 and June 2027.

The next stage was due on 13 October, when about 650 more prisoners were expected to become eligible. Later stages will gradually bring in prisoners on longer sentences, eventually including eligible people serving more than 12 years.

The total is lower than first planned. Ministers originally expected about 6,000 releases but cut the number after excluding rapists and the most serious child sex offenders. Members of child grooming gangs convicted of indecent assault are also barred.

The Act was passed on 22 January 2026. The early release measures were first due to start on 2 September, but the start was moved back to 1 October.

Supervision and recall

The government says the change is needed to stop overcrowded prisons running out of space. It says those released will face the strictest licence supervision the system has had.

Under the Act, a sentence is split into three parts: a third in custody, a third under intensive supervision in the community, and a third on licence. The government says conditions can include electronic tags and limits on where people can go.

Anyone released early stays on licence and can be sent straight back to prison for breaking the conditions. That includes committing another crime, contacting a victim or living at an address the authorities have not approved.

The National Association of Probation Officers, the probation officers' trade union, has warned that the service is significantly under-staffed. It says the prisons crisis cannot be solved without a fully working probation service. Probation officers have also raised concerns about finding hostel places and housing for people leaving prison.

Political row

The Conservatives say the scheme puts the public at risk and have called for emergency legislation to stop it. Shadow Justice Secretary Nick Timothy has strongly disputed the government's argument that releasing prisoners earlier cannot be avoided.

This is not the first early release scheme. Under the previous Conservative government, more than 10,000 prisoners were released early between October 2023 and September 2024. Labour then brought in its own emergency releases to ease pressure on prison places before passing the Sentencing Act.

The rules on release dates do not apply to people who were convicted as children. For people already out on licence just before 1 October 2026, the related licence changes start on 12 October 2027.

Eligible victims of violent and sexual offences can receive information about an offender's release through the Probation Service's Victim Contact Scheme. Anyone with concerns about someone breaking their licence conditions can contact the police on 101, or 999 in an emergency.