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Barristers (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Community Sentences (2)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Court (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Fines (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Parole (3)
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Coming out of prison can feel like stepping into an entirely different world. Whether you’ve been inside for a few weeks or several years, release brings new freedoms — but also new challenges. Securing somewhere to live, finding work, reconnecting with family, and managing your mental health can feel overwhelming, especially when you’re navigating the conditions of your licence at the same time.
The good news is that there are systems, services, and organisations designed to help you start again. Understanding what support is available — and knowing how to access it — can make all the difference in rebuilding your life.
Finding a Place to Live
A stable home is one of the biggest factors in successful reintegration. Before release, probation and resettlement teams should work with you to create a plan for where you’ll live. In some cases, you may be offered a place in approved premises (sometimes called “hostels”), especially if there’s no safe or suitable address to return to. These come with curfews and stricter monitoring, but they also provide a secure base to get back on your feet.
If you have family or friends willing to house you, probation will need to assess the address before approving it. Where that’s not an option, you’ll usually be referred to your local council’s housing team. The reality, though, is that demand is high, and some areas have long waiting lists or limited options. It can help to seek advice early, both from your probation officer and from specialist housing organisations who understand the extra barriers faced by people with criminal records.
Getting Back Into Work
Employment can play a huge role in reducing reoffending and rebuilding confidence — but it’s not always easy. Some employers are open to giving people a second chance, while others may require you to disclose your conviction depending on the role and when your record becomes “spent” under the Rehabilitation of Offenders Act.
Start by checking whether your prison or probation team has links to employability programmes or organisations that support people with convictions. Some charities and training providers specialise in helping you write CVs, prepare for interviews, and understand your rights around disclosure. Even voluntary roles or short courses can help build confidence and show future employers that you’re working towards stability.
Looking After Your Mental Health
Release can bring unexpected emotions. Relief, anxiety, guilt, frustration — it’s a lot to process, especially if you’ve spent time away from loved ones, lost your job, or feel overwhelmed by the conditions attached to your release. It’s common for people to experience low mood or high stress in the weeks and months after leaving custody.
Support is available, both through prison healthcare teams before release and through the NHS or local mental health services afterwards. Don’t hesitate to speak to your probation officer if you’re struggling — they can refer you to specialist providers and peer support networks. You’re not expected to manage everything on your own.
Rebuilding Through Support Services
There are a number of services and organisations across England and Wales that can help you get back on track. These range from housing charities to employment schemes and counselling providers. For example:
- Probation Resettlement Teams – Help with housing, benefits, and licence-related support.
- National Careers Service – Free advice on finding work and training opportunities.
- Unlock – A charity supporting people with convictions, especially around employment and disclosure.
- Mind and Samaritans – Support for anyone struggling with mental health or coping after release.
- Citizens Advice – Guidance on benefits, debt, housing, and legal rights.
Using the right mix of services early on can stop small problems from spiralling into bigger ones and give you a better chance of success outside.
Reconnecting With Family and Community
One of the biggest hurdles for many people leaving prison is repairing relationships. Time inside can put strain on families, partners, and friendships — and in some cases, rebuilding trust takes time. Some probation teams and charities run family support programmes designed to help everyone adjust and talk openly about expectations after release.
Community reintegration isn’t just about avoiding prison — it’s about finding a sense of belonging again. Joining peer support groups, attending recovery meetings, or connecting with organisations like the CJS Hub can give you the tools and confidence to move forward.
Reintegration isn’t easy, and it rarely happens overnight. You might face setbacks — housing refusals, job rejections, strained relationships — but every small step forward matters. Understanding the support available, working closely with probation where needed, and accessing the right services gives you the best possible chance of building a stable, fulfilling life beyond custody.
The CJS Hub is here to guide you, your family, and your supporters through this process — helping you find practical answers and pointing you towards services that can really make a difference.
Prison (3)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Probation (4)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Coming out of prison can feel like stepping into an entirely different world. Whether you’ve been inside for a few weeks or several years, release brings new freedoms — but also new challenges. Securing somewhere to live, finding work, reconnecting with family, and managing your mental health can feel overwhelming, especially when you’re navigating the conditions of your licence at the same time.
The good news is that there are systems, services, and organisations designed to help you start again. Understanding what support is available — and knowing how to access it — can make all the difference in rebuilding your life.
Finding a Place to Live
A stable home is one of the biggest factors in successful reintegration. Before release, probation and resettlement teams should work with you to create a plan for where you’ll live. In some cases, you may be offered a place in approved premises (sometimes called “hostels”), especially if there’s no safe or suitable address to return to. These come with curfews and stricter monitoring, but they also provide a secure base to get back on your feet.
If you have family or friends willing to house you, probation will need to assess the address before approving it. Where that’s not an option, you’ll usually be referred to your local council’s housing team. The reality, though, is that demand is high, and some areas have long waiting lists or limited options. It can help to seek advice early, both from your probation officer and from specialist housing organisations who understand the extra barriers faced by people with criminal records.
Getting Back Into Work
Employment can play a huge role in reducing reoffending and rebuilding confidence — but it’s not always easy. Some employers are open to giving people a second chance, while others may require you to disclose your conviction depending on the role and when your record becomes “spent” under the Rehabilitation of Offenders Act.
Start by checking whether your prison or probation team has links to employability programmes or organisations that support people with convictions. Some charities and training providers specialise in helping you write CVs, prepare for interviews, and understand your rights around disclosure. Even voluntary roles or short courses can help build confidence and show future employers that you’re working towards stability.
Looking After Your Mental Health
Release can bring unexpected emotions. Relief, anxiety, guilt, frustration — it’s a lot to process, especially if you’ve spent time away from loved ones, lost your job, or feel overwhelmed by the conditions attached to your release. It’s common for people to experience low mood or high stress in the weeks and months after leaving custody.
Support is available, both through prison healthcare teams before release and through the NHS or local mental health services afterwards. Don’t hesitate to speak to your probation officer if you’re struggling — they can refer you to specialist providers and peer support networks. You’re not expected to manage everything on your own.
Rebuilding Through Support Services
There are a number of services and organisations across England and Wales that can help you get back on track. These range from housing charities to employment schemes and counselling providers. For example:
- Probation Resettlement Teams – Help with housing, benefits, and licence-related support.
- National Careers Service – Free advice on finding work and training opportunities.
- Unlock – A charity supporting people with convictions, especially around employment and disclosure.
- Mind and Samaritans – Support for anyone struggling with mental health or coping after release.
- Citizens Advice – Guidance on benefits, debt, housing, and legal rights.
Using the right mix of services early on can stop small problems from spiralling into bigger ones and give you a better chance of success outside.
Reconnecting With Family and Community
One of the biggest hurdles for many people leaving prison is repairing relationships. Time inside can put strain on families, partners, and friendships — and in some cases, rebuilding trust takes time. Some probation teams and charities run family support programmes designed to help everyone adjust and talk openly about expectations after release.
Community reintegration isn’t just about avoiding prison — it’s about finding a sense of belonging again. Joining peer support groups, attending recovery meetings, or connecting with organisations like the CJS Hub can give you the tools and confidence to move forward.
Reintegration isn’t easy, and it rarely happens overnight. You might face setbacks — housing refusals, job rejections, strained relationships — but every small step forward matters. Understanding the support available, working closely with probation where needed, and accessing the right services gives you the best possible chance of building a stable, fulfilling life beyond custody.
The CJS Hub is here to guide you, your family, and your supporters through this process — helping you find practical answers and pointing you towards services that can really make a difference.
Release (3)
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
What to Expect
For most people leaving prison, the sentence doesn’t end at the gate. Being released doesn’t mean you’re free to do whatever you like — you’ll almost always leave on licence. That means you’re allowed back into the community, but you’re still serving your sentence under specific rules and supervision. Understanding how your licence works, what probation expects, and where the risks lie is the key to staying on track and rebuilding your life.
What It Means to Be on Licence
When you’re released from custody, the rest of your sentence is served in the community under supervision. You’re free from the day-to-day restrictions of prison, but you’re not fully finished with the criminal justice system until your licence period ends. For most determinate sentences, this lasts until the original end date of your sentence. For life sentences and IPP sentences, licence conditions can last for many years — sometimes for life — though there are ways to apply for early termination in certain situations.
Your licence conditions are set by the Probation Service and approved by the Prison Governor before release. They’re designed to manage risk and support your reintegration. Some are standard, while others are tailored to your offence, your background, and the assessment of your risk.
Common Licence Conditions
While the exact rules vary from case to case, most people can expect conditions like:
- Living at an approved address and informing probation of any changes
- Attending regular meetings with your probation officer
- Staying away from certain people, places, or areas if they’re linked to your offence
- Not committing further offences or doing anything that raises risk concerns
- Allowing probation to visit you at home
- Seeking permission before travelling outside England & Wales
For some, especially those convicted of sexual or violent offences, there can be additional restrictions — like not contacting certain people, using the internet in specific ways, or attending treatment programmes. These will be explained in writing before you leave prison, and it’s crucial to make sure you fully understand them before signing anything.
Working with Probation
Probation’s role is to monitor risk, but also to support your resettlement. Some officers are brilliant, others less so — but either way, staying cooperative makes life easier. Missing appointments, ignoring instructions, or being dishonest will almost always cause problems. If you’re struggling with a condition — for example, finding suitable housing, meeting travel restrictions, or attending courses — speak to your probation officer as early as possible. They may be able to adjust things or refer you to other services for support.
The Risk of Recall
One of the hardest parts of being on licence is knowing that you can be recalled to prison. Recall can happen for two reasons: either you’ve been accused of breaching your licence conditions, or probation believes your risk has increased and you can’t be managed safely in the community.
Recalls aren’t always permanent. In some cases, you might be returned to custody for a fixed period before being released again, but for more serious breaches, you could stay inside until your original sentence expiry date. If you think a recall is unfair, there are routes to challenge it — but time limits are short, and it’s always better to avoid breaching in the first place if you can.
Balancing Freedom and Responsibility
Life on licence can feel restrictive at times, but it’s also a second chance — an opportunity to start rebuilding your life outside prison walls. Securing stable housing, rebuilding relationships, looking after your mental health, and accessing support for work, education, or training can all make a huge difference.
It’s normal to feel frustrated with the process, especially if conditions feel unfair or overly strict, but engaging with support services and sticking to the rules reduces the risk of recall and gets you closer to the finish line. For families and supporters, understanding how licence works helps you provide the right kind of encouragement without unintentionally making things harder.
Coming out of prison can feel like stepping into an entirely different world. Whether you’ve been inside for a few weeks or several years, release brings new freedoms — but also new challenges. Securing somewhere to live, finding work, reconnecting with family, and managing your mental health can feel overwhelming, especially when you’re navigating the conditions of your licence at the same time.
The good news is that there are systems, services, and organisations designed to help you start again. Understanding what support is available — and knowing how to access it — can make all the difference in rebuilding your life.
Finding a Place to Live
A stable home is one of the biggest factors in successful reintegration. Before release, probation and resettlement teams should work with you to create a plan for where you’ll live. In some cases, you may be offered a place in approved premises (sometimes called “hostels”), especially if there’s no safe or suitable address to return to. These come with curfews and stricter monitoring, but they also provide a secure base to get back on your feet.
If you have family or friends willing to house you, probation will need to assess the address before approving it. Where that’s not an option, you’ll usually be referred to your local council’s housing team. The reality, though, is that demand is high, and some areas have long waiting lists or limited options. It can help to seek advice early, both from your probation officer and from specialist housing organisations who understand the extra barriers faced by people with criminal records.
Getting Back Into Work
Employment can play a huge role in reducing reoffending and rebuilding confidence — but it’s not always easy. Some employers are open to giving people a second chance, while others may require you to disclose your conviction depending on the role and when your record becomes “spent” under the Rehabilitation of Offenders Act.
Start by checking whether your prison or probation team has links to employability programmes or organisations that support people with convictions. Some charities and training providers specialise in helping you write CVs, prepare for interviews, and understand your rights around disclosure. Even voluntary roles or short courses can help build confidence and show future employers that you’re working towards stability.
Looking After Your Mental Health
Release can bring unexpected emotions. Relief, anxiety, guilt, frustration — it’s a lot to process, especially if you’ve spent time away from loved ones, lost your job, or feel overwhelmed by the conditions attached to your release. It’s common for people to experience low mood or high stress in the weeks and months after leaving custody.
Support is available, both through prison healthcare teams before release and through the NHS or local mental health services afterwards. Don’t hesitate to speak to your probation officer if you’re struggling — they can refer you to specialist providers and peer support networks. You’re not expected to manage everything on your own.
Rebuilding Through Support Services
There are a number of services and organisations across England and Wales that can help you get back on track. These range from housing charities to employment schemes and counselling providers. For example:
- Probation Resettlement Teams – Help with housing, benefits, and licence-related support.
- National Careers Service – Free advice on finding work and training opportunities.
- Unlock – A charity supporting people with convictions, especially around employment and disclosure.
- Mind and Samaritans – Support for anyone struggling with mental health or coping after release.
- Citizens Advice – Guidance on benefits, debt, housing, and legal rights.
Using the right mix of services early on can stop small problems from spiralling into bigger ones and give you a better chance of success outside.
Reconnecting With Family and Community
One of the biggest hurdles for many people leaving prison is repairing relationships. Time inside can put strain on families, partners, and friendships — and in some cases, rebuilding trust takes time. Some probation teams and charities run family support programmes designed to help everyone adjust and talk openly about expectations after release.
Community reintegration isn’t just about avoiding prison — it’s about finding a sense of belonging again. Joining peer support groups, attending recovery meetings, or connecting with organisations like the CJS Hub can give you the tools and confidence to move forward.
Reintegration isn’t easy, and it rarely happens overnight. You might face setbacks — housing refusals, job rejections, strained relationships — but every small step forward matters. Understanding the support available, working closely with probation where needed, and accessing the right services gives you the best possible chance of building a stable, fulfilling life beyond custody.
The CJS Hub is here to guide you, your family, and your supporters through this process — helping you find practical answers and pointing you towards services that can really make a difference.
Solicitors (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Support (2)
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
Coming out of prison can feel like stepping into an entirely different world. Whether you’ve been inside for a few weeks or several years, release brings new freedoms — but also new challenges. Securing somewhere to live, finding work, reconnecting with family, and managing your mental health can feel overwhelming, especially when you’re navigating the conditions of your licence at the same time.
The good news is that there are systems, services, and organisations designed to help you start again. Understanding what support is available — and knowing how to access it — can make all the difference in rebuilding your life.
Finding a Place to Live
A stable home is one of the biggest factors in successful reintegration. Before release, probation and resettlement teams should work with you to create a plan for where you’ll live. In some cases, you may be offered a place in approved premises (sometimes called “hostels”), especially if there’s no safe or suitable address to return to. These come with curfews and stricter monitoring, but they also provide a secure base to get back on your feet.
If you have family or friends willing to house you, probation will need to assess the address before approving it. Where that’s not an option, you’ll usually be referred to your local council’s housing team. The reality, though, is that demand is high, and some areas have long waiting lists or limited options. It can help to seek advice early, both from your probation officer and from specialist housing organisations who understand the extra barriers faced by people with criminal records.
Getting Back Into Work
Employment can play a huge role in reducing reoffending and rebuilding confidence — but it’s not always easy. Some employers are open to giving people a second chance, while others may require you to disclose your conviction depending on the role and when your record becomes “spent” under the Rehabilitation of Offenders Act.
Start by checking whether your prison or probation team has links to employability programmes or organisations that support people with convictions. Some charities and training providers specialise in helping you write CVs, prepare for interviews, and understand your rights around disclosure. Even voluntary roles or short courses can help build confidence and show future employers that you’re working towards stability.
Looking After Your Mental Health
Release can bring unexpected emotions. Relief, anxiety, guilt, frustration — it’s a lot to process, especially if you’ve spent time away from loved ones, lost your job, or feel overwhelmed by the conditions attached to your release. It’s common for people to experience low mood or high stress in the weeks and months after leaving custody.
Support is available, both through prison healthcare teams before release and through the NHS or local mental health services afterwards. Don’t hesitate to speak to your probation officer if you’re struggling — they can refer you to specialist providers and peer support networks. You’re not expected to manage everything on your own.
Rebuilding Through Support Services
There are a number of services and organisations across England and Wales that can help you get back on track. These range from housing charities to employment schemes and counselling providers. For example:
- Probation Resettlement Teams – Help with housing, benefits, and licence-related support.
- National Careers Service – Free advice on finding work and training opportunities.
- Unlock – A charity supporting people with convictions, especially around employment and disclosure.
- Mind and Samaritans – Support for anyone struggling with mental health or coping after release.
- Citizens Advice – Guidance on benefits, debt, housing, and legal rights.
Using the right mix of services early on can stop small problems from spiralling into bigger ones and give you a better chance of success outside.
Reconnecting With Family and Community
One of the biggest hurdles for many people leaving prison is repairing relationships. Time inside can put strain on families, partners, and friendships — and in some cases, rebuilding trust takes time. Some probation teams and charities run family support programmes designed to help everyone adjust and talk openly about expectations after release.
Community reintegration isn’t just about avoiding prison — it’s about finding a sense of belonging again. Joining peer support groups, attending recovery meetings, or connecting with organisations like the CJS Hub can give you the tools and confidence to move forward.
Reintegration isn’t easy, and it rarely happens overnight. You might face setbacks — housing refusals, job rejections, strained relationships — but every small step forward matters. Understanding the support available, working closely with probation where needed, and accessing the right services gives you the best possible chance of building a stable, fulfilling life beyond custody.
The CJS Hub is here to guide you, your family, and your supporters through this process — helping you find practical answers and pointing you towards services that can really make a difference.
Trial (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Well Being (2)
Understanding When People Are Released
One of the hardest parts of going through the criminal justice system — whether you’re serving time or supporting someone inside — is trying to understand when release might actually happen. There isn’t one simple answer, because different types of sentence have very different rules about when someone can leave custody. Knowing how the system works helps you plan, manage expectations, and focus on what you can control along the way.
Fixed-Term (Determinate) Sentences
Most people in prison are serving what’s called a determinate sentence. That simply means the court sets a fixed length, and your release date is calculated from that.
For determinate sentences under four years, the usual rule is that you serve half of the sentence in custody and the rest on licence in the community, under probation supervision. If you’re given four years, for example, you’ll normally spend around two inside, then be released automatically at the halfway point. You don’t need to apply — it’s automatic unless something unusual happens, like being recalled or facing new charges.
For sentences over four years, the process can be slightly different depending on the offence and the level of risk assessed by probation. Some prisoners are still released automatically at the halfway stage, but others may have to wait until they’ve served two-thirds before automatic release kicks in. In certain cases — especially for more serious offences — release at two-thirds is no longer automatic and instead depends on a review by the Parole Board.
Extended Determinate Sentences (EDS)
If someone has been deemed a higher risk to the public, they might be given an Extended Determinate Sentence. These combine a custodial period with an extended period of licence once released. The big difference here is that release is not automatic at halfway — you usually have to serve two-thirds of the custodial part before you’re even eligible to apply for release, and it’s the Parole Board that decides whether you can leave at that point. If they say no, you’ll stay inside until the end of the custodial term before moving onto licence.
Life Sentences
Life doesn’t always mean life — but it does mean the sentence lasts for the rest of the person’s life. When a court hands down a life sentence, it also sets a minimum term (sometimes called the “tariff”), which is the amount of time that must be served before the person can even be considered for release.
Once that minimum term has been served, the case goes to the Parole Board, who look at things like behaviour in custody, completed courses, risk assessments, and any evidence of rehabilitation. There’s no guarantee of release at the tariff point — some people spend many more years inside if the board isn’t satisfied that the risk can be managed in the community. Even after release, people on life sentences remain on licence for the rest of their lives and can be recalled at any time.
IPP Sentences (Imprisonment for Public Protection)
Although IPP sentences were scrapped in 2012, thousands of people are still serving them today. They’re one of the most complex and controversial parts of the system. With an IPP, the judge sets a minimum tariff, but after that, there’s no automatic release.
People on IPP stay in custody until the Parole Board is convinced that the risk can be safely managed in the community. Many people serve far beyond their tariffs, and even after release, the licence period lasts at least ten years before it can be considered for termination. If you or someone you’re supporting is serving an IPP, seeking specialist advice and gathering strong evidence of rehabilitation can make a huge difference.
Home Detention Curfew (HDC) and Early Release
For some people serving determinate sentences of between 12 weeks and four years, there’s a possibility of being released earlier than the halfway point under the Home Detention Curfew (HDC) scheme — often called “tagging.”
Eligibility depends on the sentence length, behaviour in custody, and whether there’s a safe address to go to. If approved, you could leave prison up to 135 days early, but you’ll have strict curfew conditions and electronic monitoring. Not everyone qualifies — violent, sexual, and high-risk cases are often excluded — but it’s worth applying if you meet the criteria.
Preparing for Release
Across all sentence types, your behaviour, engagement with rehabilitation, and willingness to prepare for life outside can affect release decisions — especially where the Parole Board is involved. Completing accredited courses, keeping out of trouble, working or studying inside, and showing progress in managing risk can all strengthen your position when the time comes.
If you’re supporting someone inside, helping them stay on top of sentence planning, encouraging engagement with probation, and being part of their resettlement plans can make a real difference.
Coming out of prison can feel like stepping into an entirely different world. Whether you’ve been inside for a few weeks or several years, release brings new freedoms — but also new challenges. Securing somewhere to live, finding work, reconnecting with family, and managing your mental health can feel overwhelming, especially when you’re navigating the conditions of your licence at the same time.
The good news is that there are systems, services, and organisations designed to help you start again. Understanding what support is available — and knowing how to access it — can make all the difference in rebuilding your life.
Finding a Place to Live
A stable home is one of the biggest factors in successful reintegration. Before release, probation and resettlement teams should work with you to create a plan for where you’ll live. In some cases, you may be offered a place in approved premises (sometimes called “hostels”), especially if there’s no safe or suitable address to return to. These come with curfews and stricter monitoring, but they also provide a secure base to get back on your feet.
If you have family or friends willing to house you, probation will need to assess the address before approving it. Where that’s not an option, you’ll usually be referred to your local council’s housing team. The reality, though, is that demand is high, and some areas have long waiting lists or limited options. It can help to seek advice early, both from your probation officer and from specialist housing organisations who understand the extra barriers faced by people with criminal records.
Getting Back Into Work
Employment can play a huge role in reducing reoffending and rebuilding confidence — but it’s not always easy. Some employers are open to giving people a second chance, while others may require you to disclose your conviction depending on the role and when your record becomes “spent” under the Rehabilitation of Offenders Act.
Start by checking whether your prison or probation team has links to employability programmes or organisations that support people with convictions. Some charities and training providers specialise in helping you write CVs, prepare for interviews, and understand your rights around disclosure. Even voluntary roles or short courses can help build confidence and show future employers that you’re working towards stability.
Looking After Your Mental Health
Release can bring unexpected emotions. Relief, anxiety, guilt, frustration — it’s a lot to process, especially if you’ve spent time away from loved ones, lost your job, or feel overwhelmed by the conditions attached to your release. It’s common for people to experience low mood or high stress in the weeks and months after leaving custody.
Support is available, both through prison healthcare teams before release and through the NHS or local mental health services afterwards. Don’t hesitate to speak to your probation officer if you’re struggling — they can refer you to specialist providers and peer support networks. You’re not expected to manage everything on your own.
Rebuilding Through Support Services
There are a number of services and organisations across England and Wales that can help you get back on track. These range from housing charities to employment schemes and counselling providers. For example:
- Probation Resettlement Teams – Help with housing, benefits, and licence-related support.
- National Careers Service – Free advice on finding work and training opportunities.
- Unlock – A charity supporting people with convictions, especially around employment and disclosure.
- Mind and Samaritans – Support for anyone struggling with mental health or coping after release.
- Citizens Advice – Guidance on benefits, debt, housing, and legal rights.
Using the right mix of services early on can stop small problems from spiralling into bigger ones and give you a better chance of success outside.
Reconnecting With Family and Community
One of the biggest hurdles for many people leaving prison is repairing relationships. Time inside can put strain on families, partners, and friendships — and in some cases, rebuilding trust takes time. Some probation teams and charities run family support programmes designed to help everyone adjust and talk openly about expectations after release.
Community reintegration isn’t just about avoiding prison — it’s about finding a sense of belonging again. Joining peer support groups, attending recovery meetings, or connecting with organisations like the CJS Hub can give you the tools and confidence to move forward.
Reintegration isn’t easy, and it rarely happens overnight. You might face setbacks — housing refusals, job rejections, strained relationships — but every small step forward matters. Understanding the support available, working closely with probation where needed, and accessing the right services gives you the best possible chance of building a stable, fulfilling life beyond custody.
The CJS Hub is here to guide you, your family, and your supporters through this process — helping you find practical answers and pointing you towards services that can really make a difference.