Who Decides What Prison You Go To?

Last reviewed: June 2026

Quick answer: The court decides the sentence, but it does not choose the prison. Allocation is handled by HM Prison and Probation Service (HMPPS). After sentencing you go to a local prison, where staff assess your security category and needs, then allocate you to a suitable establishment with space. The main factors are your security category, sentence length, any specific needs (healthcare, offending-behaviour programmes), and distance from home. Prisoners can request a transfer, but there is no automatic right to a particular prison.

One of the most common questions families ask is whether they have any say in where their loved one is sent. Understanding how allocation works — and what does and does not influence it — helps set realistic expectations.

The court sentences; HMPPS allocates

The judge or magistrates decide guilt and the length and type of sentence. From that point the prison system takes over. You are taken to the nearest suitable local (Category B) prison, which acts as a reception and assessment hub. There, staff carry out categorisation and work out which prison best matches your security level, sentence and needs. Allocation is a logistical and risk-based decision, not a judicial one.

What influences the decision

Factor How it affects allocation
Security category Determines the type of prison (A, B, C or D) you can be held in
Sentence length Affects whether you go to a local, training or open prison
Needs Access to healthcare, education or specific programmes can dictate the prison
Distance from home Considered for family ties, but availability of places comes first
Availability Overcrowding means you may go where there is space, not the nearest prison
Separation needs Co-defendants or known conflicts must be kept apart

Security categorisation comes first

Allocation flows from categorisation. A prisoner assessed as Category C cannot be sent to an open Category D prison, and a high-risk prisoner will be held in the high-security estate regardless of family wishes. Our guide to understanding prison categories explains how the A–D system is decided, and the Prison Reform Trust publishes detailed advice on the process.

Can you choose, or request a transfer?

There is no right to a chosen prison, but prisoners can apply for a transfer once settled — most commonly to be nearer family, to access a particular course, or for progression to lower-category conditions. Transfers depend on category, available places and operational needs, so they are not guaranteed and can take time. Compassionate transfers may be considered in cases such as serious family illness.

Common misunderstandings:

  • “The judge chooses the prison.” The court sets the sentence; HMPPS decides the prison.
  • “You’ll be sent to the nearest prison to home.” Distance is a factor, but category and available space usually come first.
  • “You can pick your prison.” You can request a transfer, but there is no right to a specific establishment.
  • “You stay in the same prison the whole time.” Most prisoners move at least once as they progress through categories.

How this affects families

Because places are allocated where there is room, a loved one may initially be held far from home, which makes visiting harder. This often improves with later transfers as the person progresses. Knowing what you can take when visiting a prisoner and how visits work helps you make the most of the contact you do have. Help with visiting costs may be available through the Assisted Prison Visits scheme for those on a low income.

Frequently asked questions

Can I ask for my relative to be moved closer to home?

Yes — they can apply for a transfer on family-ties grounds. It is subject to category, space and operational needs, so it may not be quick or guaranteed.

Why was my relative sent so far away?

Usually because that was where a suitable place was available for their category and needs. It is rarely personal and can often be improved later.

Who do I contact about allocation?

The prisoner’s wing or offender management staff handle transfer applications. GOV.UK explains the basics of life in prison and allocation.

Does the type of offence decide the prison?

Indirectly. The offence feeds into the risk assessment and category, which then drive allocation — but it is the category, not the offence label, that sets the type of prison.

For more on the journey through the system, see Category D open prisons and life in prison in the UK.