Last week Lord Chancellor, Shabana Mahmood released detail of proposals for release of some prisoners after serving 40% of their sentence (as opposed to 50%).
In a Press Release, the Ministry of Justice stated:
“With only hundreds of places left in the adult male estate, prisons have been routinely operating at over 99 percent capacity since the start of 2023. Prison cells are now expected to run out within weeks. The Lord Chancellor outlined the challenging but necessary steps the Government has been forced to make to prevent their imminent collapse and keep people safe. The Lord Chancellor made clear that the Government must act now to stop this situation from playing out.
Ahead of setting out the next steps to tackle this impending crisis, the Lord Chancellor confirmed that the dysfunctional and unmanageable End of Custody Supervised Licence scheme will come to an end.
Originally launched in October 2023, this early release scheme was brought in to address capacity pressures on the prison estate. Prisoners were initially released 18 days early, but the measure has been repeatedly expanded over the last six months.
Over the course of the scheme, over 10,000 offenders were released.
Instead, the government will temporarily reduce the proportion of certain custodial sentences served in prison from 50% to 40%, with important safeguards and exemptions to keep the public safe and clear release plans to manage them safely in the community.
Sentences for serious violent offences of four years or more, as well as sex offences will be automatically excluded, and, in an important distinction from End of Custody Supervised Licence scheme, the early release of offenders in prison for domestic abuse connected crimes will also be excluded. This will include:
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- stalking offences
- controlling or coercive behaviours in an intimate or family relationship
- non-fatal strangulation and suffocation
- breach of restraining order, non-molestation order, and domestic abuse protection order
Anyone released will be strictly monitored on licence by the Probation Service through measures which can include electronic tagging and curfews. They face being recalled to prison if they breach their licence conditions.
The new rules will also not apply to most serious offenders, who already either spend two-thirds of their sentence behind bars or have their release determined by the Parole Board”.
Lord Chancellor, Shabana Mahmood said:
“There is now only one way to avert disaster. I do not choose to do this because I want to…. but we are taking every protection that is available to us… let me be clear, this is an emergency measure. This is not a permanent change. I am unapologetic in my belief that criminals must be punished.
The changes announced today will come into force in September, giving the Prison and Probation Service time to plan for offenders’ release”.
Responding to the announcement, the Domestic Abuse Commissioner, Nicole Jacobs, said:
“We should never have been in this situation. I remain concerned about the message early release sends and the impact it could have on victims.
The safety of victims must be paramount. I welcome efforts made to mitigate the risks, and attempts to exclude those domestic abuse perpetrators convicted of more serious offences.
However, we know from HM Inspectorate of Probation that one-third of those managed by probation were known domestic abusers, even when this was not their index offence. Coupled with findings that two-thirds of probation areas are not meeting standards of protecting the public, I renew my calls on the government to consider how this broader understanding of risk can be managed.
Victims – and the specialist services who support them – must be kept informed about early release plans, and offenders manged robustly in the community.
This temporary scheme must be exactly that – temporary.
The government must develop long-term solutions to this crisis that ensure that prison is used effectively for those individuals who pose the greatest risk. Prison places should be freed up by stopping victims of abuse from being incarcerated due to offending that was simply the result of the abuse they’d experienced. That’s why I continue to call for a statutory mitigating factor for victims who offend as a result of their abuse. Victims should be supported, not incarcerated, and places freed up for more dangerous offenders.
We must remember that the current crisis occurs at a time where just 1 in 5 victims report to the police, and just 5% of police recorded crime results in a conviction.
With efforts to build faith in the system, encourage victims to come forward, and improve outcomes, we can – and should – only expect convictions to increase.
Victims of domestic abuse deserve justice. I look forward to working with the Government to deliver this.”
The Victims Commissioner, Baroness Newlove stated:
“The justice system faces immense pressure, demanding difficult choices. Yet, victim safety must never be compromised.
Recognising this, the decision to exclude domestic abusers and stalkers from benefiting from an early release date is a welcome and necessary step, reflecting the concerns raised by victims and those who advocate for them. Public safety must remain the top priority as these changes are implemented. We must acknowledge these exclusions have limitations and cannot address every potential risk.
Clear communication with victims is essential to building trust throughout the process. It is important victims are informed if release dates are brought forward and are given the opportunity to request protective measures. Thorough risk assessments are essential, as are robust release plans. The Probation Service plays a critical role in this. They must be properly resourced to effectively manage licensing conditions and exclusion zones, which are vital for public safety and victim reassurance.
This change in sentencing lays bare the significant long-term challenges facing our justice system. It is paramount victim confidence, already fragile, is not impacted further. As we navigate these changes, transparency will be key.
Rigorous oversight is crucial to ensure this new regime effectively prioritises victim safety while putting our justice system on a more sustainable footing. “
Meanwhile, Abigail Ampofo, Interim CEO at Refuge said:
“Refuge is pleased to hear that the Government have listened to our calls to exempt domestic abuse offenders from measures to address prison overcrowding, something we have urgently been calling for since the scheme was originally introduced in October 2023.
It is important that as well as serious violent offences and sex offences that the Government are including the automatic exclusion of prisoners with domestic abuse connected crimes from temporary plans to reduce the proportion of custodial sentences served in prison from 50% to 40%. We have long spoken of the significant threat to domestic abuse survivors if their perpetrators are released early. Domestic abuse-related offences are crimes with one of the highest re-offending rates, and current risk assessment of perpetrators and protections for survivors are not good enough.
We are relieved to see the Government acknowledge the impact and danger of coercive control and outline that offenders who have committed coercive control will be exempt from the new custodial rules, alongside those convicted of stalking offences, non-fatal strangulation and suffocation and those who have breached protective orders in relation to domestic abuse such as Restraining Orders, Non-Molestation Orders, and Domestic Abuse Protection Orders.
We recognise the swiftness that this Government have made to take action and work with the VAWG (violence against women and girls) sector to mitigate the risks to survivors. We look forward to continuing to work with the Lord Chancellor Shabana Mahmood and the Ministry of Justice to outline further concerns we have about the impact of prison overcrowding. Custodial sentences provide important time for survivors to access support and safety plan. It is therefore also essential that safeguards are implemented for survivors where offenders have a history of domestic abuse, regardless of whether that is what they have been sentenced for. The prison and probation service must work together with specialist support services to ensure survivors are safe in advance of a perpetrator’s release.”
Whilst Farah Nazeer, Chief Executive of Women’s Aid, said:
“Whilst we know that overcrowding in prisons is a real and serious issue, and that today’s announcement is underpinned by the new Labour government’s ambition to repair our broken criminal justice system, Women’s Aid, along with sector colleagues, have long cautioned against including domestic abuse perpetrators in early and automatic release schemes.
We strongly urge government to not just consider the highlighted risks to prison officers of violence rising when prisons are overfull, but the significant risk posed to women and children when violent and abusive men are released before the end of their sentence. It is absolutely vital that both the physical and psychological safety of survivors of domestic abuse is considered throughout the government’s work to tackle prison overcrowding.
Under the new scheme, prisoners convicted of sexual and some domestic abuse offences will be exempt from the early release system. Whilst it is good to see the inclusion of domestic abuse and other forms of violence against women and girls explicitly excluded from early release, we are concerned that the scheme focusses on the offence rather than the offender, and that abusers could still be let out earlier than they should be. It is also all too often for perpetrators of abuse to be charged under other offences not noted in this exemption, which means they will fall through the net.
We know from our member organisations across the country what a worrying week this is for survivors of domestic abuse, seeing in the news women killed in their own home and a high-profile case of planned rape and murder, from man with a history of violence against women. When you add to this the early release of offenders it becomes terrifying. This week we are also further reminded of the very real risk posed to women, with three women killed in Hertfordshire, and Gavin Plumb being sentenced for the planned kidnap, rape and murder of television presenter Holly Willoughby
We ask government to centre women and children in their response to the current prison situation, as the early release of perpetrators of domestic abuse has potentially devastating consequences. We must also see appropriate safeguards in place with specialist services being actively involved in safeguarding, and multi-agency meetings. This response will need domestic abuse training for probation services and will require immediate work in partnership with specialist services to ensure women and children aren’t asked to bear the brunt and placed in the direct path of danger…”
