The change to the release point for prisoners serving Standard Determinate Sentences (SDS) forms part of the Government’s response to pressures on the custodial estate. This measure aligns with broader commitments to manage the prison population effectively.
	SDS are fixed-term sentences with automatic release at a specified point, typically at 40%, 50%, or 66% of the total sentence, depending on offence type and sentence length. This measure applies only to SDS with automatic release, not those subject to Parole Board decisions. These measures address the previous uncertainty around about release points which had created confusion for victims, offenders and the public in general.
	The policy delivers on a recommendation of the ISR to reduce reliance on custody and enhance community supervision to support rehabilitation and reduce reoffending. The report noted that a concept of earned release, with appropriate oversight, could help manage prison capacity without compromising public safety. The progression model sets a minimum release point of one third for those serving Standard Determinate Sentences (SDS) which currently have automatic release of 40 or 50%, while more serious SDS offences have a 50% minimum.
	On 12 July 2024, the Secretary of State announced that eligible prisoners would be released at the 40% point of their sentence, rather than the 50% point. This emergency measure, referred to as SDS40, was introduced to manage capacity within the prison system and has been operational since 10 September 2024.
	The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (supplemented by the Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024) provides the statutory basis for SDS40. The House of Commons Justice Committee’s Tenth Report (2022–23) 1 also highlighted the need for greater clarity in sentencing and release arrangements, which this measure supports.
	These changes will not apply to those sentenced under section 250 of the Sentencing Code (or serving historic sentences under section 91 of the Power of Criminal Courts (Sentencing) Act 2000). S250 sentences are distinct from adult SDS - they are a youth sentence available for use in more narrow circumstances i.e., if the offence is punishable with 14 years or more imprisonment for an adult, for sexual offences and offences related to firearms. Youth sentencing has an entirely different framework and must have the primary purpose of preventing future offending and must consider the welfare of the child.
	Youth sentences were not considered by the Independent Review of Sentencing and so the recommended changes to release dates were designed for the adult system. Instead, the department will consider what changes may be relevant and appropriate for the youth sentencing framework separately.
	SDS40 - the standard determinate sentences early release scheme-was an emergency, temporary measure needed to alleviate pressures on the adult prison system. The Act revokes SDS40, so will return offenders subject to section 250 (and legacy section 91 sentences) to their permanent position, with release points of 50% or 66% depending on the offence type and sentence length.
	A discretionary early release scheme (Home Detention Curfew) for individuals serving s250 orders will be retained. There are several groups of offenders who are excluded from HDC, either by statute or because they are presumed unsuitable as a matter of policy, and these exclusions will continue to apply. This includes those subject to parole board release or serving a sentence for offences such as homicide, possession of bladed article, and those with a history of sexual offending.
	This exclusion from the changes to release points will continue to apply where an individual turns 18 while serving a youth sentence.
Policy background Part 2: Management of offenders after sentencing Release