Policy paper

Sentencing Bill: progression measures factsheet

Published 3 September 2025

Background

This Government inherited a prison system in crisis, putting the public at grave risk. Prisons were on the brink of collapse, with capacity dangerously close to being exceeded. Although we are building prisons at an exceptional rate, we cannot simply build our way out of this crisis. Without significant reform, demand for places will outstrip supply by 9,500 in early 2028. That is why we commissioned the Independent Sentencing Review, led by David Gauke, to ensure no Government ever finds itself in this position again. The Sentencing Bill implements many of the Review’s recommendations to reduce reoffending, protect victims, and restore public confidence in the justice system.

The Sentencing Bill introduces a new structured progression model for individuals serving Standard Determinate Sentences (SDS). This reform responds to the Independent Sentencing Review and aims to improve public confidence in sentencing, ensure prison time reflects the seriousness of offending, and support safer, more consistent release arrangements.

An SDS is the most common type of prison sentence handed down by courts. It is a fixed-term sentence meaning the judge sets a specific length of time the offender must serve. The offender is automatically released at a set point in the sentence, without a Parole Board decision. SDSs are used for the majority of cases; offenders deemed dangerous by a judge receive more serious sentences like Extended Determinate Sentence or life sentences.

Currently, most SDS offenders are released automatically at a fixed point in their sentence, typically at 40% or 50%, depending on the offence and sentence length. It has caused confusion for victims and the public and placed pressure on prison and probation services. We will retain a higher release point for those serving SDSs for serious violent and sexual crimes and we have rejected the Independent Sentencing Review’s recommendation for a progression model for Extended Determinate Sentences.

The new model introduces a clearer, three-stage structure: custody, intensive supervision, and a final licence stage. Release will be delayed where an offender is sanctioned for serious breaches of prison rules. The model also strengthens community supervision and simplifies sentence administration.

This new Progression model sets a minimum release point of one third for those serving standard determinate sentences which currently have an automatic release of 40 or 50%. For those serving SDS with an automatic release point of 67 percent, their minimum release will now be 50 percent. Release eligibility is conditional on offenders not behaving badly in prison. If an offender seriously breaches prison rules, an Independent Adjudicator may impose additional custodial days, delaying their release. The number of days that can be added for each adjudication is being doubled.

In the second part of the progression model, offenders will enter a period of ‘intensive supervision’. The Bill will introduce new restrictive conditions which will allow the prohibition of all offenders on licence from driving, attending public events (including sporting events), attending pubs, clubs and bars and will allow probation to drug test all offenders on licence. There is also a power which will allow probation to set a restriction zone, whereby an offender’s movements are restricted to an area. This will be bolstered by further work to enhance enforcement of the current ban on foreign travel.

At the point of release into the second part of the progression model, there will also be a presumption that tagging will be automatically applied to offenders, ensuring they are closely monitored. This will result in thousands more offenders tagged, to manage risk and increase protection for victims. The presumption will be rebuttable by probation in instances where tagging is inappropriate or likely to heighten risk. A new pilot launching next month at six prisons will also see offenders tagged before leaving the prison gates, ensuring they are under strict supervision from the moment they return to the community. In the third stage of the progression model- the ‘licence stage’ - as a matter of policy, the highest risk offenders will continue to be supervised in the final third of their sentence. This cohort will include those managed at MAPPA levels 1-3; terrorist, terrorist connected and terrorist risk offenders; offenders who have committed certain offences involving or connected with a threat to national security and those who may be at risk of involvement in foreign power threat activity; those assessed as High and Very High Risk of Serious Harm (RoSH); and relevant adults named in Child Protection Plans. This brings more offender groups into scope of full supervision than under current Reset arrangement. All offenders will remain on licence and will continue to be subject to any new restrictive conditions on their licence but those who are not exempt will not be subject to active probation supervision. All offenders could still be recalled to custody if they cannot be safely managed in the community. Probation will also have the ability to reactivate supervision if they newly meet the criteria for the exempt cohort.

What are we going to do?

Progression – Custody and Release

Change in SDS Release Point

We are reforming the release framework for offenders serving Standard Determinate Sentences (SDS). The aim is to create a more consistent and transparent system that better reflects the sentence handed down by the court. This will help reduce confusion for victims and improve public confidence in the justice system. We are also reforming the prison adjudication system to support the new Progression model. Serious rule breaches will result in more custodial days being added than before.

Repatriated offenders serving fixed term sentences for murder

We are aligning the release rules for repatriated offenders serving fixed term sentences for murder with those applied to domestic discretionary life sentence cases.  If we did not make this change, then those repatriated offenders serving fixed term sentences for murder would be eligible for release at the 33% point and we are therefore closing this loophole. This will ensure greater consistency in how serious offences are treated, regardless of where the sentence was originally imposed.

National Security Offences

This Bill will strengthen the sentencing framework for certain offences involving or connected with a threat to national security. For the purposes of this policy, the relevant offences are those under the National Security Act 2023 and Official Secrets Acts that carry a maximum penalty of more than two years’ imprisonment, as well as those which are determined by the court to have a foreign power connection under section 69A of the Sentencing Act 2020, and inchoate offences. This will ensure a more robust and consistent approach to managing individuals who pose a risk to national security.

Progression – Post-Custody

Restrictive Licence Conditions

We are introducing new restrictive licence conditions for determinate sentence offenders. This will support a more robust approach to post-custody supervision under the new progression model and will allow probation practitioners a suite of options to support them in effectively managing offenders in the community.

Removal of Post-Sentence Supervision

We are removing the legislative requirement for Post-Sentence Supervision (PSS) to simplify the system and reduce pressure on probation services. PSS is a specific type of supervision which applied to offenders released from a custodial sentence of less than two years. Removing PSS will contribute to bringing all post-custody supervision under a single, streamlined model.

His Majesty’s Inspectorate of Probation has identified that there is no strong evidence that PSS is effective. Given this, since Probation Reset, PSS has been deprioritised and active supervision under PSS has remained only for some – which has created confusion and pressure for staff. Removing PSS intends to make things clearer for staff and enable more effective supervision. 

There will be a transitionary period for the new measure, such that those who have active sanctions having breached their PSS requirements will still be required to serve them. Those listed for court having breached their PSS requirements will still be required to attend court and receive any resulting sanctions.  

Other Measures

Recall

The number of prisoners serving a recall has more than doubled from March 2018 to 2025 from approximately 6,300 to 13,500 – this is unsustainable. To tackle this, we are reforming the recall process for Standard Determinate Sentence (SDS) offenders by acting on recommendations from the Independent Sentencing Review. We are introducing a new 56-day fixed recalls for most SDS offenders, replacing both shorter fixed recalls and standard recalls. This change gives probation time to implement risk management plans and set appropriate licence conditions to ensure their safe re-release into the community.

We are removing the use of standard recall for most SDS offenders, but certain offenders will be excluded and continue to receive a standard recall. To safeguard the public, we are also implementing public protection measures to ensure that individuals who present a significant risk are not eligible for automatic release and excluding certain offenders from receiving a 56 day recall, so that they will be subject a standard recall meaning they are liable to be detained until the end of their sentence. The next section contains the full list of exclusions.      

How are we going to do it?

Progression – Custody and Release

The Bill changes SDS release points. The Progression model sets a minimum release point of 33% for SDS, while more serious (SDS+) offenders cannot be released before the halfway point.

Release eligibility will depend on behaviour in prison. If an offender seriously breaches prison rules, an Independent Adjudicator may impose additional custodial days, delaying their release.

These changes to release provisions will not apply to offenders sentenced as children.

Repatriated offenders serving fixed term sentences for murder

The Bill will amend the Schedule to the Repatriation of Prisoners Act 1984 to modify the application of Chapter 6 of Part 12 of the CJA 2003 to change the release point for prisoners repatriated to England and Wales who have received a fixed term sentence for murder. This will set the statutory release point at two-thirds of the sentence, with the offender remaining on licence until the end of their sentence and only eligible for standard recall.

National Security Offences

This Bill will make provision to ensure that certain offences involving or connected with a threat to national security become eligible for a Sentence for Offenders of Particular Concern (SOPC). This means that individuals convicted of these offences after the Bill comes into force will become eligible for release at the two-thirds point of their custodial term, at the direction of the Parole Board, as is currently the case for equivalent terrorist offenders. Those convicted before commencement will remain subject to the current halfway release point for these offences.

This will also be extended to equivalent sentences in Scotland and Northern Ireland.

Restrictive Licence Conditions

The Bill provides for new restrictive licence conditions to apply to determinate sentence offenders serving their sentence on or after commencement, including those released by the Parole Board.

It extends current drug testing powers to allow probation to test all adult offenders on licence, regardless of their history of drug misuse. It also introduces new restrictive licence conditions, including:

• A prohibition of driving, unless permission is granted by the supervising officer.
• A ban on attending public events, including sporting events and music festivals, unless approved by the supervising officer.
• A ban on attending drinking and entertainment establishments – this includes pubs, clubs and bars.
• A new power to impose restriction zones, which limit an offender’s movements. This builds on existing exclusion zones, which prevent entry to specific areas (e.g. where victims live or work).

These conditions will form part of the bolstered licence offer, providing practitioners with a full suite of options to manage offenders in the community, and supports the intensive supervision stage (the period immediately after release).

Removal of Post-Sentence Supervision

The Bill will amend the Offender Rehabilitation Act 2014 and the Criminal Justice Act 2003 to remove provisions relating to Post-Sentence Supervision (PSS). Offenders will be subject to the licence provisions and conditions of the new Progression Model.

Other Measures

Recall

The Bill introduces a new recall model for Standard Determinate Sentence (SDS) offenders. It replaces short-term recalls of 14 or 28 days with a single 56-day recall period, after which offenders will be automatically re-released on licence, except in exceptional circumstances. This approach gives probation more time to manage risk and set appropriate licence conditions.

The Bill also removes standard recall for most SDS offenders. However, certain high-risk individuals will be excluded from the 56-day recall model and instead will only be able to receive a standard recall. These include:

• Offenders managed under MAPPA levels 2 or 3
• Offenders who have been convicted of terrorism or terrorism connected offences, as well as those who pose a terrorist risk.
• Offenders who have been convicted of certain offences involving or connected with a threat to national security, as well as persons who may be at risk of involvement in foreign power threat activity.
• Offenders recalled due to being charged with a new offence
• Offenders serving a Sentence for Offenders of Particular Concern (SOPC).

In addition, the Bill gives the Secretary of State a power to prevent automatic release if new information shows the offender meets one of the exclusion criteria after recall, or where the Secretary of State believes, on reasonable grounds, that the offender would pose a significant risk of serious harm to the public by carrying out murder or certain specified violent, sexual or terrorist offences if released.    

We will retain the existing legal mechanism for early release, ensuring it remains available where it is assessed to be safe to do so.

These changes to recall provisions will not apply to offenders sentenced as children.