Policy background Custodial Sentences Abolishing automatic halfway release for certain serious offenders
Standard release provisions are set out in section 244 of the Criminal Justice Act 2003 ("CJA 2003"), which before 2020 provided in all cases that offenders in receipt of a standard determinate sentence ("SDS") for any offence would be automatically released from their sentence at the half-way point and they would then serve the remainder of their sentence on licence in the community. The Government’s 2019 manifesto committed to "end automatic halfway release from prison for serious crimes".
	In February 2020, this halfway release requirement was changed for terrorist offenders in receipt of an SDS, by the Terrorist Offenders (Restriction of Early Release) ("TORER") Act 2020, so they would instead have to serve two-thirds of their sentence before the Parole Board would consider if they were safe for early release. This fast-track legislation was brought forward following the terror attacks at London Bridge and in Streatham.
	In relation to non-terrorist offenders, the Release of Prisoners (Alteration of Relevant Proportion of Sentence) ("ROPARPS") Order 2020 (SI 2020/158) came into force on 1 April 2020. This Order ensured that offenders who receive an adult SDS of 7 years or more, for an offence that attracts a maximum life sentence, must serve two-thirds in custody before they are automatically released on license for the remainder of the sentence.
	Section 130 further expands on this to deliver the manifesto commitment, providing that offenders sentenced to an adult SDS of between 4 and 7 years for certain serious violent and sexual offences (where that offence attracts a maximum penalty of life) will be required to serve two-thirds of their sentence in custody instead of half. It also enshrines the provisions of the ROPARPS Order 2020 in primary legislation.
	The release provisions that are set out in section 244 of the CJA 2003 also apply to section 250 sentences (standard determinate sentences for youths). This Act changes the automatic release from half-way to the two-thirds point for those who receive a section 250 sentence of seven years or more for certain serious violent and sexual offences (where that offence attracts a maximum penalty of life).
	Sections 130 and 131 are required to ensure that the proportion of the sentence served in custody reflects the gravity of the offence committed, and to address concerns about the current automatic halfway release of offenders who have committed very serious violent and sexual offences.