Leaving prison
1. When someone can leave prison
When a prisoner is released depends on:
- the length of their sentence
- their behaviour in prison
- any time spent on remand (waiting for their trial)
If the prisoner has a fixed term (determinate) sentence
A prisoner serving a determinate sentence is normally released automatically halfway through their sentence.
If their sentence is 12 months or more, they will be released on probation.
A Parole Board is not involved.
When a Parole Board reviews a case
A Parole Board only reviews a case if the prisoner’s sentence was more than 4 years and given for a serious violent or sexual crime committed before 4 April 2005.
The prisoner must apply for parole.
A prisoner can ask their prison offender supervisor or their solicitor if they’re unsure when they can apply for parole.
A Parole Board will then discuss the case and decide if the person can be released.
The Parole Board is independent and not part of the Prison Service.
If the prisoner has a non fixed term (indeterminate) or life sentence
Prisoners serving an indeterminate sentence will have their case automatically reviewed by the Parole Board. This happens around 6 months before the end of their tariff (the minimum length of time the person was ordered to stay in prison).
The decision whether to release a prisoner is made at a Parole Board hearing.
2. Parole Board hearings: what happens
The Parole Board is made up of 3 people. They will review a report about the prisoner which includes:
- their behaviour in prison
- what they plan to do once released
- whether they're likely to commit more crime or are a danger to the public
There might be other people at the hearing - for example:
- the prisoner's solicitor
- a prison psychologist
- the victim
The prisoner normally attends a Parole Board hearing to say why they think they should be released.
The Parole Board’s decision
The Parole Board will write to the prisoner with their decision.
If the prisoner is released, they go on probation and are supervised by an offender manager.
If the prisoner isn’t released, their case is automatically reviewed by a Parole Board after a year.
3. Temporary release from prison
A prisoner may be allowed to leave prison for short periods towards the end of their sentence - whatever its type or length.
However, the prison won't release someone if it thinks they’re a risk to the public or may commit more crime.
Resettlement day release
A resettlement day release lets a prisoner out during the day - eg to go on a training course to help them find work once they are released.
Resettlement overnight release
A resettlement overnight release lets a prisoner spend the night at the place they will live at after they’re released.
Childcare resettlement licence
A childcare resettlement licence lets a prisoner spend time with their child. They can only apply for this if they’ll be the sole carer of a child when they finish their prison sentence.
4. Support when someone leaves prison
A person leaving prison may get the following financial support:
- Jobseeker’s Allowance
- help from your local council
- Scottish Welfare Fund in Scotland
- Discretionary Assistance Fund in Wales
Useful websites
There are organisations that can provide support for people leaving prison, including: