Prison
A custodial sentence can only be imposed if:
- the offence is so serious that neither a fine alone nor a community sentence can be justified for the offence; or
- the offender refuses to comply with the requirements of a community order; or
- the offender is convicted of a specified sexual or violent offence (see Dangerous Offender provisions under Criminal Justice Act 2003) and the court finds that the offender poses a risk of harm to the public.
The sentence imposed by the court represents the maximum amount of time that the offender will remain in custody.
Different release arrangements apply depending upon the sentence an offender receives and when the offence was committed.
New release arrangements introduced in April 2005 mean that those prisoners serving standard determinate custodial sentences of 12 months or more will serve half of the sentence in custody and the second half on licence in the community. During the period of licence the offender may be recalled into custody if they commit a further offence or break the conditions of their licence.
For those offenders assessed as 'dangerous' and serving indeterminate or extended sentences for public protection release arrangements are different. These new sentences ensure that dangerous sexual and violent offenders are subject to assessment by the Parole Board and are not released from prison until and unless their level of risk to the public is assessed by the Parole Board as manageable in the community. If the risk is not reduced to a safe level, they may never be released.
These release arrangements apply to all offenders serving custodial sentences for offences committed on or after 4 April 2005.
The previous arrangements for early release from prison sentences were established under the Criminal Justice Act 1991. Under the 1991 Act those serving sentences of less than 4 years are released at the halfway point of their sentence.
Offenders who receive a sentence of four years or more may apply to the Parole Board for release at the half way point of the sentence. If the Parole Board does not recommend release, then the offender will be automatically released at the two thirds point of the sentence. After release, the offender will be on licence in the community until the three-quarters point of their sentence is reached.
If there is a possibility that you are going to receive a prison sentence, or you know someone who may be going to prison, our virtual tour of prison life will help you understand what it's like. You will find this tour in the links section on the right side of this page.
There are 139 Prison Service establishments in England and Wales. These include high security prisons, local prisons, closed and open training prisons, young offender institutions (for sentenced prisoners under the age of 21) and remand centres.
Different prisons have different levels of security. A prisoner's security category is based on a risk assessment. Risk should be regarded as both risk of escape or absconding and risk to the public in the event that this happens.
Young Offenders
There are three types of secure accommodation in which a young person can be placed.
Secure Training Centres (STCs)
STCs are purpose-built centres for young offenders up to the age of 17. They are run by private operators according to Home Office contracts, which set out detailed operational requirements. There are now four STCs in England.
STCs house vulnerable young people who are sentenced to custody in a secure environment where they can be educated and rehabilitated. They have a minimum of three staff members to eight trainees. They are smaller in size in YOIs, which means that individual's needs can be met more easily.
The regimes in STCs are constructive and education-focused. They provide tailored programmes for young offenders that give them the opportunity to develop as individuals which, in turn, will help stop them reoffending. Trainees are provided with formal education 25 hours a week, 50 weeks of the year.
All services related to the operation of an STC are provided on-site, including all education and training, primary healthcare, dentistry, and services to address the young person's offending behaviour (including input from mental health and social care professionals).
Local Authority Secure Children's Homes (LASCHs)
Local Authority Secure Children's Homes (LASCHs) focus on attending to the physical, emotional and behavioural needs of the young people they accommodate. They are run by local authority social services departments, overseen by the Department of Health and the Department for Education and Skills.
LASCHs provide young people with support tailored to their individual needs. To achieve this, they have a high ratio of staff to young people and are generally small facilities, ranging in size from six to 40 beds.
LASCHs are generally used to accommodate young offenders aged 12 to 14, girls up to the age of 16, and 15 to 16-year-old boys who are assessed as vulnerable.
Staff to young people ratio differs between institutions, ranging from 6 staff to 8 young people; 2 staff to 3 young people, and to 1 staff member to 2 young people.
Young Offender Institutions (YOIs)
Young Offender Institutions (YOIs) are facilities run by the Prison Service. They accommodate 15 to 21-year-olds. The Youth Justice Board is only responsible for placing young people under 18 years of age in secure accommodation. Consequently, some of these institutions accommodate older young people than STCs and LASCHs. The Board commissions and purchases places for under-18s, who are held in discrete juvenile wings.
YOIs have lower ratios of staff to young people than STCs and LASCHs and generally accommodate larger numbers of young people.