This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what extended sentences are in England and Wales, including when they apply, how they combine prison terms and extended licence periods for public protection, how release and supervision work, and how these sentences differ from standard determinate and indeterminate sentences.
An extended sentence in England and Wales is a specific type of criminal sentence used to protect the public from offenders who are assessed as dangerous and at significant risk of causing serious harm in the future. It combines time in prison with a longer period of supervision in the community - known as an extended licence period. These sentences go beyond ordinary fixed‑term prison sentences and are distinct from life sentences or indeterminate sentences.
This guide explains what extended sentences are, when and why they are imposed, how they operate in practice, what happens on release, and common questions about these sentences.
What Is an Extended Sentence?
An extended sentence (also called an Extended Determinate Sentence) is a custodial sentence with an additional period of supervision on licence in the community. The custodial element is the prison term given by the judge, and the extension period is extra time on licence intended to manage risk after release.
Unlike a standard fixed‑term sentence where release may be automatic after serving a portion of the sentence, someone serving an extended sentence must serve at least two‑thirds of the custodial term in prison before qualifying for parole. Release before the end of the custodial term can only occur if the Parole Board is satisfied the person no longer poses an unacceptable risk.
Why Are Extended Sentences Used?
Extended sentences are designed to balance punishment with public protection. They are used in cases where the court assesses that:
- The offender is 18 or over;
- They have been convicted of a specified violent, sexual or terrorist offence (as set out in statute);
- The court considers the offender poses a significant risk of committing further such offences in the future;
- A life sentence is either not available for the offence or is not justified given the circumstances; and
- Either the offender has relevant previous convictions for serious offences or the current offence justifies a substantial custodial term.
The overarching aim is to ensure that offenders who present ongoing risks are released only when it is safe to do so, and remain under supervision that can reduce the risk of reoffending.
Legal Basis and Key Elements
Extended sentences were originally introduced in a different form by the Criminal Justice Act 2003 and were reformed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The current provisions are set out in the Sentencing Code and Sentencing Act 2020, which define how these sentences operate.
There are two main parts to an extended sentence:
Custodial Term
This is the period the court orders the offender to spend in prison. It is similar to a determinate sentence, but the release point is higher than for standard sentences.
Extension (Licence) Period
After release from prison, the offender remains under supervision - on what is called licence - for an additional fixed period. This licence period can be:
- Up to 5 years for specified violent offences;
- Up to 8 years for specified sexual offences.
During this extension period, the probation service supervises the individual in the community and can enforce licence conditions designed to manage risk.
How Extended Sentences Operate in Practice
Serving the Custodial Term
In most cases, a person serving an extended sentence must serve at least two‑thirds of the custodial term before they can apply for release. Unlike a standard determinate sentence - where release might occur automatically halfway through - release under an extended sentence requires Parole Board approval before the end of the custodial term.
If the Parole Board decides there is still an unacceptable risk to the public, it can refuse release at that stage. In that situation, the offender may remain in custody until either the end of the custodial term or a later successful parole application.
Release and Licence Conditions
Once released, the person remains on licence for the extended period. Licence conditions can include:
- Reporting regularly to a probation officer;
- Prohibitions on contacting certain people or entering specific places;
- Requirements to attend rehabilitation or treatment programmes.
Breaches of licence conditions can result in recall to prison.
End of Sentence
The sentence - including both the custodial term and the extended licence period - must not exceed the statutory maximum for the offence committed. This means the total sentence cannot be longer than what the law allows for that particular offence.
Differences from Other Public Protection Sentences
It is useful to distinguish extended sentences from other sentences that aim to protect the public:
Extended Sentence for Public Protection (EPP)
This was an earlier form of extended sentence in use between 2005 and 2012. It applied under the Criminal Justice Act 2003 and has since been replaced by the current extended determinate sentence structure. If a person was convicted and sentenced before December 2012, they may still be serving an EPP with slightly different mechanics for release and parole.
Indeterminate Sentences
Indeterminate sentences (such as Imprisonment for Public Protection, or IPP) do not have a fixed end date and continue until the Parole Board finds it safe to release. Extended sentences, by contrast, have a defined custodial term and licence period.
Common Practical Questions
Who Decides if an Extended Sentence Is Appropriate?
The sentencing judge makes this decision at conviction. The judge considers the statutory criteria, the offender's criminal history, the seriousness of the offence, and risk assessments presented in court.
Can Someone Be Released Automatically?
No. For extended sentences, automatic release at a specific point is replaced by Parole Board review before two‑thirds of the custodial term is served. After that point, release still depends on the Parole Board's assessment of risk.
What Happens If Licence Conditions Are Breached?
Breaching licence conditions can lead to recall to custody. The individual can remain in prison until the Parole Board is satisfied that it is safe to allow release again.
Key Takeaways
An extended sentence in England and Wales is a sentence for offenders considered dangerous and at significant risk of reoffending but whose offences do not meet the threshold for a life sentence. It combines:
- A custodial term with a higher release point requiring Parole Board approval;
- An extended period of licence supervision in the community to manage ongoing risk.
Extended sentences emphasise public protection, balancing punishment with structured risk management after release. They are imposed only in specific serious cases and include robust procedures for supervision and recall.
