Sentencing Act 2002, s 93; Parole Act 2002, ss 18, 29, 86
If you’re sentenced to 12 months or less, the sentencing judge can impose the “standard” release conditions, or standard release conditions plus some special release conditions. The standard conditions are set out in the Parole Act 2002 – they include things like having to report to your probation officer, and telling your probation officer if you’re going to be moving to a new address. “Special” conditions are aimed at reducing the chance that you’ll re-offend and at helping to rehabilitate you – for example, if you’ve been involved with gangs in the past you might be banned from being at any gang headquarters or house.
If you’re sentenced to a prison term of between one and up to and including two years, then the standard conditions will automatically apply to you after you’re released. Release conditions can apply for up to 6 months after your full sentence would have ended (called the “sentence expiry date”); unless the judge specifically orders that they won’t apply. So for these sentences it’s expected that you’ll have at least the standard conditions until your sentence expiry date and possibly up to 6 months after your sentence expiry date. If, for example, you’re sentenced to two years in prison, your “sentence expiry date” will be the two year date. You’ll serve one year in prison, and you’ll then be released and serve at least one year (and a maximum of 18 months) on standard release conditions.
If you’re sentenced to between one and two years, the judge can impose special conditions. These will also last at least until your sentence expiry date and possibly for up to 6 months after your sentence expiry date, unless the judge sets a shorter period.
If you’re sentenced to more than two years in prison, the sentencing judge can’t impose release conditions. Instead, if you’re released by the Parole Board, you’ll have to comply with a number of parole conditions. The Parole Board must impose standard release conditions for at least 6 months. They can also impose special conditions for at least 6 months. Release conditions can last for up to 6 months past your full prison sentence date. If you don’t get parole and are released on your sentence expiry date then you’ll still have 6 months of release conditions.