Licence Conditions Explained: The Rules After Release

Every determinate prison licence in England and Wales carries a fixed set of standard conditions nobody can opt out of, plus any extra conditions probation has asked for and a decision maker has approved. Knowing which of your conditions is which matters, because the two kinds are changed in completely different ways.

This guide covers determinate sentences — fixed-length sentences with a release date. Life and IPP licences work differently.

Where the conditions come from

The power is in section 250 of the Criminal Justice Act 2003. A licence must include the standard conditions set by order, and may include certain others on top. Section 250(8) says what must be considered when setting them: protecting the public, preventing reoffending, and successful reintegration. The operational detail is in the Licence Conditions Policy Framework, re-issued by HM Prison and Probation Service on 1 October 2026.

The eleven standard conditions

The standard conditions were rewritten by the Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2026, in force from 2 September 2026: the wording was simplified and two passport requirements added. If your licence differs from someone else's, that is usually why.

A person on licence must:

• behave well and in a way that supports the purpose of being on licence
• not commit any crime
• keep in touch with the supervising officer as instructed
• meet the supervising officer anywhere specified, including at home
• live at an approved address, and get permission before staying elsewhere overnight
• report any new work, or type of work, and get approval before starting
• say whether they hold a passport, and give the details requested
• get permission before applying for a new passport
• get permission before leaving the UK, Channel Islands or Isle of Man — not applicable to someone being deported or removed
• report any names used that differ from those on the licence
• report any change of contact details, including phone number or email

There is no process for having a standard condition lifted.

Conditions that can be added on top

Compulsory electronic monitoring

Some tagging conditions are compulsory because an order under section 62A of the Criminal Justice and Court Services Act 2000 requires them. Where it applies, the condition goes on — no judgement call, no test. The framework says these currently apply only to acquisitive crime, meaning offences committed to gain money or property.

Presumptive tagging and the five-hour curfew

Where a standard determinate sentence ends in release before the 50% point, electronic monitoring is now presumed, and if nothing else on the licence is being monitored a curfew is presumed too — usually five hours during the person's normal sleeping time. The framework lists exemptions, including medical reasons and cases with fewer than about 30 days left to run.

Additional conditions

Where the standard conditions are not enough for a specific risk, probation can ask for an additional condition from an approved list. The categories permitted by the 2015 Order cover residence at a specified place, restriction of residency, contact with a named person, programmes or activities, possession or inspection of specified items or documents, disclosure of information, curfews, freedom of movement, and supervision in the community.

The four new conditions from October 2026

Section 27 of the Sentencing Act 2026 created four further condition types, which the Ministry of Justice announced on 1 October 2026 had taken effect that day:

• a driving prohibition, which can be limited to certain times, vehicle types or areas
• a public event attendance prohibition, covering a named event, a type of event, or any
• a drinking establishment entry prohibition, covering a named venue, a type, or all of them
• a restriction zone, requiring a person to stay inside specified areas, which can change by time of day

The Ministry of Justice described restriction zones as aimed at the highest-risk sexual and violent offenders.

Bespoke conditions

Anything outside the approved list is bespoke and needs sign-off from the Public Protection Casework Section, as does a curfew plus reporting requirements totalling more than 12 hours a day.

Who decides

For automatic releases, initial conditions are approved by the prison Governor or a delegate at Band 7 or above. For Parole Board releases, the Board and the Public Protection Casework Section approve them. Governors cannot propose conditions — only the Probation Service can.

The test a condition has to pass

Every additional condition has to be necessary and proportionate.

Necessary means it is a necessary way of managing a specific risk or issue — and it is not limited to the offence you were convicted of.

Proportionate means it is the least intrusive way of managing that risk. If something lighter would do the job, the heavier condition is not proportionate.

Additional conditions also have to be reviewed regularly, and more often where the impact is greater.

Getting a condition changed

You cannot apply yourself. The framework is explicit that variation requests should not come directly from the person on licence — concerns go to the probation practitioner, who applies.

For automatic releases the decision maker is the Head of the Probation Delivery Unit, who can delegate to a deputy. For Parole Board releases the request goes to the Board through the Public Protection Casework Section.

Where there is time, you get seven days to make representations. Conditions linked to a victim can only be reduced if the original risks have genuinely reduced, and the Victim Liaison Officer must be told. A change takes effect once the new licence has been explained and signed.

Separately, you can ask your practitioner informally for a temporary change, such as permission to be away overnight. That is their decision, and it has to be recorded.

What happens if you break one

Licence conditions are legally binding. If probation reports a breach, the recall powers in Chapter 6 of Part 12 of the Criminal Justice Act 2003 allow the licence to be revoked and the person returned to prison. That is why a condition you cannot realistically comply with is worth raising in week one rather than living with.

What this means for you

• Separate the two layers. The standard conditions cannot be changed. Everything else can, in principle, be reviewed. Work out which is which first.
• Check the paperwork against the list. A condition that is not standard, not compulsory and not on the approved list should have been authorised as bespoke. Whether that happened is a documented fact, not an opinion.
• Test each extra condition. Ask what specific risk it manages and whether something less intrusive would do. That is the question the decision maker was meant to answer.
• Go through your probation officer, and raise problems early. Writing to the prison or the Ministry of Justice is not the route, and waiting until a condition is breached leaves you far worse off than flagging it straight away.

Talk to Case Review UK

Case Review UK provides independent written assessments of criminal cases by senior UK lawyers and barristers, including Release Date and Probation Address Reviews. We look at what your licence paperwork says, whether the conditions on it are properly authorised, and what is realistically open to challenge. Fixed fee, no hourly billing, report in 7 to 14 days.

We are independent of the police, the Crown Prosecution Service and the court that dealt with the case. If there is nothing worth pursuing, the report will say so.

WhatsApp: +44 7417 361696 Email: enquiries@casereviewuk.co.uk

This article is general information about the law in England and Wales, correct at the date of publication. It is not legal advice on any individual case, and Case Review UK is not a regulated law firm or a substitute for a solicitor.