Changes to automatic prisoner release dates in England and Wales will take effect on 1 October after a pause ordered by Prime Minister Andy Burnham, with rape and certain child sexual and grooming offences now excluded.
The Sentencing Act 2026 moves the release point for most prisoners serving standard determinate sentences from 40 or 50 per cent of the custodial term to a third, and from two thirds to a half for others.
What changed during the pause?
The House of Commons Library records that the government announced on 3 August that the new release points would not apply to a published list of excluded offences, including rape and certain child sexual and grooming offences.
The measures still apply to all other offences carrying a standard determinate sentence, among them manslaughter and causing death by dangerous driving. The exclusions are expected to mean around 1,000 fewer early releases, with about 5,000 people affected over the first ten months rather than 6,000.
| Detail | Position |
|---|---|
| New rules take effect | 1 October 2026 |
| Release point, lower band | One third, from 40-50% |
| Release point, upper band | One half, from two thirds |
| Affected over first ten months | About 5,000 |
What is the Sentencing Act 2026?
The Sentencing Act 2026 changes the point at which prisoners serving standard determinate sentences in England and Wales are automatically released to serve the remainder of their sentence in the community under probation supervision. Prisoners previously released after 40 or 50 per cent of their custodial term will be released after one third, and those previously released after two thirds will be released after one half. The changes were legislated under the Starmer government and were due to take effect in September 2026, but were paused by Prime Minister Andy Burnham for review. On 3 August 2026 the government confirmed that rape and certain child sexual and grooming offences would be excluded, and the changes will now come into force on 1 October 2026, applying in tranches rather than on a single date.
Who has objected?
Victims and families who had campaigned for wider exclusions said they were devastated that the changes would still apply to other offences. The Domestic Abuse Commissioner, Nicole Jacobs, criticised the decision not to exclude domestic abuse perpetrators.
The Victims’ Commissioner, Claire Waxman, said the exemptions did not go far enough. On 6 August the prime minister ordered a further urgent review to identify whether any members of grooming gangs would become eligible for earlier release.
What is the argument for it?
The Bishop of Gloucester, Rachel Treweek, the Church of England’s lead bishop for prisons, told BBC Radio 4 on Sunday that she was deeply concerned by the terms of the public debate, saying policy was being driven by emotion and media headlines.
She said she understood the distress caused to victims but that few were explaining how sentencing works, noting that those released remain on licence under probation supervision. She said England and Wales have the highest prison population in western Europe alongside a high rate of reoffending.
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Sources for this report
The Redline News Desk
The Redline News desk files and edits world reporting. Every story carries the sources it was built from, and corrections are published on the story itself.
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