The existing framework is provided by the Criminal Justice Act 2003 ("the 2003 Act"). Chapter 6 of Part 12 applies to all determinate sentences (regardless of the release regime applicable at the time of sentence). The Act amends the relevant provisions of the 2003 Act to revise statutory release points. The Act sets a minimum release point of one third for those serving Standard Determinate Sentences (SDS) which currently have automatic release of 40 or 50%, subject to any added days awarded for breach of the Prison Rules. Those formerly released at the two-thirds point of their sentence instead become eligible at the halfway stage but again could be released later if days are added. This Act repeals the HDC provisions for those serving SDSs.
	Those whose behaviour in custody has resulted in the sanction of added days by an Independent Adjudicator (a District Judge) (under Rule 55A(3) of the Prison Rules 1999), will stay in custody past the one third point until those additional custodial days have been served.
	The Act preserves release arrangements for offenders sentenced under section 250 of the Sentencing Code (or its predecessor, section 91 of the Powers of Criminal Courts (Sentencing) Act 2000. These offenders will not be subject to the new release arrangements for adult standard determinate sentences. The Act repeals the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 and offenders sentenced under section 250 or 91 will be subject to automatic release at 50% of their sentence. Those released at the two-thirds point of their sentence under section 244ZA will continue to be subject to this release arrangement.
	Whilst the Act removes eligibility for offenders serving SDSs for discretionary early release under Home Detention Curfew provided for by section 246, offenders sentenced under section 250 will continue to be eligible and could therefore be discretionarily released at any time during the period of 365 days ending with the day on which they will have served half of their sentence. The existing HDC exclusions will continue to apply.
Legal background Part 2: Management of offenders after sentencing Release