From 1 October 2026, changes to automatic release arrangements will begin to take effect in England and Wales under the Sentencing Act 2026. For many offenders serving Standard Determinate Sentences, the changes will change the proportion of their sentence that must be served in custody before automatic release on licence. Release does not bring the sentence to an end: the offender remains subject to licence conditions and may be recalled to custody in appropriate circumstances.

While the reforms are intended to address significant pressure on prison capacity, their implementation has important implications for survivor safety, risk management and confidence in the criminal justice system.

For survivors of child sexual exploitation (CSE), domestic abuse, stalking, sexual violence and historic abuse , an offender's release can be a significant and distressing event. Concerns may include the risk of direct or indirect contact, intimidation, geographical proximity or simply encountering the offender within the community.

Following a review of the reforms, the Government has excluded certain offences from the scheme, including rape, certain serious child sexual offences, offences associated with organised child sexual exploitation and grooming, and indecent assault. Life sentences and Extended Determinate Sentences are also outside the scope of the new model.

However, the exclusions are offence and sentence-specific. They do not mean that every offender whose conduct involved domestic abuse, stalking or sexual offending will necessarily be excluded. The position could also be more complex where an offender is serving sentences for more than one offence.

For survivors, the legal and practical safeguards following release are therefore incredibly important. Depending upon the circumstances, licence conditions may address matters such as contact with a survivor or access to particular locations. Supervision by the Probation Service and effective information sharing and risk assessment, will be crucial. An offender who cannot be safely managed or who breaches the conditions of release may be recalled to custody.

Communication with survivors is equally important. The Victims' Commissioner has raised concerns about the distress and uncertainty caused by earlier release and has emphasised the need for appropriate licence conditions, effective supervision, risk management and trauma-informed communication.

The pressure on prisons is a legitimate concern for Government, but survivor protection must remain central to the implementation of the new release arrangements. This is particularly important for survivors of CSE, domestic abuse, stalking and historic abuse, where the effects of offending and concerns about future contact can, and is most cases will, continue long after criminal proceedings have concluded.

As the reforms take effect, the question should not simply be when an offender can lawfully leave custody. Equal attention must be given to how release is managed, how risk is addressed and whether survivors are properly informed, supported and protected.