Sentencing Act 2026 calculator
When could they be out? Four quick questions, then the date.
- Free
- About a minute
- New rules from 1 October 2026
Last checked · Not the prison’s figure
For HMP Sudbury
Have they been sentenced?
Four quick questions. Free. No names. No prisoner numbers.
How the date works
The one-third rule is in forceIt is not the prison’s figure.
Since 1 October 2026, most ordinary standard determinate sentences in England and Wales release automatically at one-third, not 40%. Anyone sentenced on or after 1 October 2026 gets one-third from the start. People already inside move by sentence length, from 1 October 2026 to 8 June 2027 (SI 2026/953). It is not the prison’s figure.
Example: 4 years from 1 March 2026, ordinary SDS. The old 40% date was 6 October 2027. The new rule reaches this length on 8 December 2026, and the one-third date is 1 July 2027. If someone has already passed the one-third point when their length moves, they are released on that day.
When existing prisoners moveIt was not one release day for everyone.
SI 2026/953 regulation 3 moves people already in custody by sentence length. 1 October 2026 started the timetable. It was not one release day for everyone.
| Sentence length | New rule reaches it | Status |
|---|---|---|
| Under 575 days | 1 October 2026 | Moved |
| 575–882 days | 13 October 2026Next | Next |
| 883–1,162 days | 10 November 2026 | |
| 1,163–1,561 days | 8 December 2026 | |
| 1,562–2,121 days | 12 January 2027 | |
| 2,122–2,758 days | 9 February 2027 | |
| 2,759–3,283 days | 9 March 2027 | |
| 3,284–3,654 days | 13 April 2027 | |
| 3,655–4,396 days | 11 May 2027 | |
| 4,397 days or more | 8 June 2027 |
If they are still on remandOnly the prison or offender manager can confirm.
They do not have an automatic release date until the court sentences them. Days already spent in custody for this offence usually come off the time left to serve. Put in the remand start, the court date if you have one, and the sentence they might get. We count nights in custody and take them off first.
If they are sentenced now, the one-third rule applies from the start, then remand comes off. If remand already covers the custody part, they may leave when they are sentenced. Tagged bail is not deducted here. Only the prison or offender manager can confirm.
Tag and probation after releaseLicence conditions still apply, and breaking them can mean recall.
GOV.UK says release under the new rule comes with an electronic tag as the default, then a period of intensive supervision by probation. Licence conditions still apply, and breaking them can mean recall.
Most people then move through three stages: custody, close supervision in the community, and a last stretch on licence without active supervision until the sentence ends.
These offences keep their old release pointBeing excluded does not make the sentence longer.
- Rape and serious child sexual offences
- Unlawful killing, including manslaughter
- Cruelty to a child
- Indecent assault
- Causing death by driving or cycling
- Genocide and related international crimes
Source: SI 2026/953 Schedule and the GOV.UK exclusions list. Being excluded does not make the sentence longer. The change simply does not apply. Youth detention under section 250 keeps its old point: 40% for most, 50% if the offence was left out of the 40% scheme, or two-thirds for seven years or more for a serious violent or sexual offence.
Home detention curfewThe earlier automatic release replaces it.
Adult Home Detention Curfew has not been routinely available since 2 September 2026. The earlier automatic release replaces it. Someone who was counting on a tag may now wait for automatic release instead. If they were already on an HDC curfew licence before 1 October 2026, the new fraction waits until 12 October 2027.
Do not use this for
- Life, IPP, or an extended determinate sentence
- Recall
- Mixed sentence types (consecutive SDS plus EDS, and the like)
- Scotland or Northern Ireland
Questions families ask
What is the Sentencing Act 2026 one-third release rule?
Since 1 October 2026, most people in England and Wales serving an ordinary standard determinate sentence are released automatically at one-third of the sentence, instead of 40% (SDS40). Anyone sentenced on or after 1 October 2026 gets one-third from the start. People already in custody move by sentence length, from 1 October 2026 to 8 June 2027 (SI 2026/953 regulation 3). This calculator estimates the date. It is not the prison’s figure.
Was everyone released on 1 October 2026?
No. 1 October 2026 is when the rule started, not a single release day. People serving under 575 days moved that day. Longer sentences move on later dates, the next being 13 October 2026, then roughly monthly until 8 June 2027 (SI 2026/953 regulation 3). If someone has already passed the one-third point when their sentence length moves, they are released on that date.
Their date has passed. Why are they still inside?
This is an estimate. Added days for breaking prison rules, a recall, consecutive or mixed sentences, an excluded offence, or a different warrant date can all move the real date. Ask the offender manager or the prison. If you are worried, the Prisoners’ Families Helpline is free on 0808 808 2003.
Does the one-third rule apply to rape and other excluded offences?
No. Offences on the Sentencing Act 2026 exclusions list — including rape, serious child sex offences, unlawful killing, cruelty to a child, indecent assault, causing death by driving or cycling, and genocide — keep their old release point. Being excluded does not make the sentence longer. The change simply does not apply. Section 250 youth detention keeps its old point: 40% for most, 50% if the offence was left out of the 40% scheme, or two-thirds for seven years or more for a serious violent or sexual offence.
Will they be tagged when they come out?
Probably. GOV.UK says release under the new rule comes with an electronic tag as the default, then a period of intensive supervision by probation. Licence conditions still apply, and breaking them can mean recall. Probation sets the exact conditions.
Why is this date different from what the prison said?
This is an estimate. The prison uses the warrant, added days, concurrent or consecutive mixes, and the official calculation. We count years at 365.25 days and months at 30.437 days, then apply the published fractions and the SI 2026/953 tranche dates. Only the prison or offender manager can confirm the date.
What happened to Home Detention Curfew?
For most adults on a standard determinate sentence, HDC has not been routinely available since 2 September 2026. The earlier automatic release replaces it. That can mean a later date than a tag they were previously expecting. Youth HDC can still apply. This calculator does not add HDC.
What is SDS and SDS+?
SDS is a standard determinate sentence — a fixed length with automatic release, then licence. Most ordinary SDS now release at one-third, once the new rule has reached that sentence length. SDS+ is a shorter list under section 244ZA of the Criminal Justice Act 2003. For adults, those sentences move from two-thirds to one-half when the change reaches them, unless excluded.
Does remand time come off the sentence?
Usually yes, in England and Wales. Days in custody for this offence come off the time left to serve. If they are still on remand, they do not have an automatic release date until the court sentences them. If remand already covers the custody part, they may leave when they are sentenced. Tagged bail (a qualifying curfew) can also count, at half a day each — this calculator only deducts days in custody. Only the prison or offender manager can confirm.
Guidance, not official advice. Always check GOV.UK. Not legal advice. Sources: SDS40 (SI 2024/844) · SDS+ (CJA 2003 s.244ZA) · 1 October change (SI 2026/953) · Sentencing Act 2026 offence exclusions (GOV.UK) · Progression model: changes to release (GOV.UK, updated 1 October 2026) · The Sentencing Act (Prison Reform Trust advice guide). Last checked . England and Wales only.
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