Prison Sentence Guidelines Explained (2026)
Last reviewed: July 2026
“How long will they actually serve?” is one of the first questions families ask, and the answer is rarely the headline number read out in court. This guide explains how prison sentences are set, the main types of sentence, how the guidelines work, and what the 2026 reforms mean for time served. It is general information, not legal advice.
How courts decide a sentence
For almost every offence, the Sentencing Council publishes a guideline that courts must follow unless it would be contrary to the interests of justice. The judge or magistrates first assess the seriousness of the offence by looking at culpability (how much the offender is to blame) and harm (the impact of the offending). That produces a category with a starting point and a range.
The court then moves the sentence up or down within — and sometimes beyond — that range to reflect aggravating factors (such as previous convictions, offending on bail, or targeting a vulnerable victim) and mitigating factors (such as genuine remorse, good character, or personal circumstances). A guilty plea can reduce the sentence by up to one third if entered at the first opportunity. Only after all of this does the court decide whether the sentence should be immediate custody, suspended, a community order, or a fine.
The main types of sentence
| Sentence type | What it means |
|---|---|
| Discharge | No further action (absolute) or none unless you reoffend within a set period (conditional). |
| Fine | A financial penalty, often set with reference to weekly income. |
| Community order | Served in the community with requirements such as unpaid work, a curfew or treatment. |
| Suspended sentence | A custodial term (now up to 3 years) not activated unless you reoffend or breach conditions. |
| Immediate custody (determinate) | A fixed prison term with a release point part-way through. |
| Extended / life sentence | For the most serious offences; release depends on the Parole Board and a minimum term. |
How much of a sentence is served in prison?
Most prison sentences are “determinate” — a fixed length. Historically, prisoners on standard determinate sentences were released automatically at the halfway or two-thirds point and served the rest on licence in the community. The Sentencing Act 2026 began replacing that automatic model with an earned-progression model, under which release at around the one-third point of the custodial term must be earned through good behaviour and engagement, rather than granted automatically. The reforms were designed partly to relieve severe overcrowding across the prison estate. The earned-progression release point is being phased in through 2026, so the exact arrangements depend on the offence, the sentence date and the type of sentence.
Time on licence still matters: once released, a person remains under supervision and can be recalled to prison if they breach their licence conditions. For serious violent and sexual offences, and for life and extended sentences, release is not automatic at all — it depends on a Parole Board assessment of risk after a minimum term has been served.
- “The number the judge says is how long they’ll be inside.” Usually not — part of a determinate sentence is served on licence in the community.
- “Sentencing guidelines are just suggestions.” Courts must follow the relevant guideline unless it would be contrary to the interests of justice.
- “Everyone now gets out at one third automatically.” Under the 2026 earned-progression model, earlier release must be earned and is being phased in.
- “A guilty plea makes no difference.” An early guilty plea can reduce a sentence by up to a third.
Aggravating and mitigating factors that move a sentence
Aggravating factors push a sentence upwards: relevant previous convictions, committing the offence while on bail or licence, group or planned offending, abuse of trust, and hostility based on race, religion, disability, sexual orientation or transgender identity. Mitigating factors pull it downwards: no previous convictions, genuine remorse, age or immaturity, mental-health or learning difficulties, a subordinate role, and evidence of steps taken to address the causes of offending. The court balances these against the guideline starting point.
Frequently asked questions
Are there sentencing guidelines for every offence?
Most common offences have a specific Sentencing Council guideline. Where there is no offence-specific guideline, courts follow the general guideline on overarching principles.
What is the difference between concurrent and consecutive sentences?
Concurrent sentences are served at the same time, so the total equals the longest single term. Consecutive sentences are added together and served one after another.
Can a sentence be appealed?
Yes. A sentence can be appealed if it is arguably wrong in law or manifestly excessive. Unduly lenient sentences for certain serious offences can also be referred to the Court of Appeal.
Does the 2026 Act reduce sentence lengths?
The headline sentence length imposed by the court is unchanged; the reforms mainly affect how much of a determinate sentence is served in custody versus on licence, and widen the use of suspended sentences.
Where to get help and read more
For related guidance see our pages on the Sentencing Act 2026, whether a 2-year sentence can be suspended, and how release dates are worked out. Authoritative sources include the Sentencing Council, GOV.UK: Going to prison, and the Prison Reform Trust.
Prison Guide was founded by Daniel Hockey, who served a custodial sentence himself and wrote The Secret Prisoner (2021). More about Daniel.
