5,500 prisoners launched early however some victims ‘unaware’ – all you want to know

Around 1,700 prisoners will be released from jail early today as Labour grapples with an overcrowding crisis left by the Tories.

Justice Secretary Shabana Mahmood has said she was forced to trigger the emergency measure “to avert a disaster” as there are only around 1,000 jail places available. She accused the previous Government of failing to get a grip on capacity issues in prisons across England and Wales. The scheme, which comes into effect on Tuesday, will see 5,500 people released early in September and October alone.

Under the Tories, a release scheme was implemented to free prisoners up to 70 days early. But it was criticised as at times it would give just a day’s notice of an inmate being freed early. Labour’s scheme is intended to give probation services enough notice to prepare release plans for offenders to make sure they are properly monitored.

Announcing the plans in the summer, Ms Mahmood fiercely attacked Rishi Sunak for leaving prisons in such a state. Prime Minister Keir Starmer this weekend said no PM should be in a position where there are not enough prison spaces but that his government had been left with no choice.

Here’s how the new prison release scheme will work.

Which prisoners could be released – and how many?

Prisoners who have been jailed for four years or less could be released after serving 40% of their sentence. Ms Mahmood was forced to announce the plane not even two weeks after being elected in July as she said she had discovered the Tories had left jails “on the point of collapse”.

The Labour minister said she had no choice but to reduce the automatic release point for certain Standard Determinate Sentences (SDS) to free up space in the prisons system. Previously prisoners were released after serving 50% of certain SDS but this has now been lowered to 40% under the temporary scheme.

Around 5,500 prisoners will be released in the first few months of the scheme – including 1,700 on the first day the scheme kicks in on September 10. Burglars, shoplifters and fraudsters who are serving short sentences are among those expected to be released early. The scheme will apply to prisoners in most prisons bar high security (Cat A) ones, with varying amounts released from each. The plan will be reviewed in 18 months.

Which inmates are not included in the early release scheme?

Prisoners who are serving sentences for serious violent offences of four years or more, as well as sex offences, will be automatically excluded from the early release scheme. Offenders who were jailed for domestic abuse crimes will also be excluded.

This includes prisoners serving sentences for stalking offences, controlling or coercive behaviours in an intimate or family relationship, non-fatal strangulation and suffocation, as well as breach of restraining order, non-molestation order or domestic abuse protection order.

Are there concerns with the scheme?

While those convicted of domestic abuse offences are exempt, some domestic abusers who were jailed over broader crimes such as assault or criminal damage will be eligible for early release. It has lead figures such as Nicole Jacobs, the domestic abuse commissioner, to raise the alarm over victims’ safety.

Victims should be informed if their perpetrator is being released early but Victims’ Commissioner Baroness Newlove has warned that this has not happened in every case. She said this has left “some victims unaware of their offender’s early release”.

When Ms Mahmood first announced the scheme, the aunt of Zara Aleena, who was murdered by a man who had been out of prison on licence for nine days, also raised concerns. Farah Naz warned that releasing inmates early could be “a dangerous gamble with public safety” if the probation service is unable to cope. “If the system cannot deal with those people being released into the community, then those people are not going to be supervised adequately,” she said at the time.

What is being done to keep the community safe?

Anyone released will be 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.

Probation staff have warned they are under intense pressure as it is, let alone with the increased demand of early release prisoners. Acknowledging these challenges, the Government has also set out plans to recruit over 1,000 additional trainee probation officers by March 2025.

Labour has also pointed out that without the scheme, jails could become completely full, putting the public more at risk than implementing the early release plan.

Why are prisons full?

There are a huge range of issues that have caused prisons to be so overcrowded, from longer sentences to the impact of the pandemic.

The Institute for Government think tank has identified two major issues that have played a part in the last few years. They include people being held on remand (those waiting for their trial to be heard) for longer due to the courts backlog and the impact of the pandemic. Another issue is high recall rates for those who are released from prison due to a lack of support and problems within the probation service.

The justice system has also see cultural changes have an impact. For instance, a change in attitudes around sex offences, and an increase on sentence lengths for those crimes, means many people are in prison for longer.

Will the scheme fix the crisis facing prisons?

The scheme has been pitched as a temporary measure to ease prison overcrowding. Ms Mahmood warned that without it, jails may have hit full capacity. In this scenario, the only safe place to keep offenders would be police cells – where space would run out within three days.

As a new government with a fresh slate, Ms Mahmood has signalled that this must be a moment for proper reform of the system. While she has committed to building more prison places she has also vowed to focus on tackling reoffending and improving the rehabilitation of offenders.

The appointment of James Timpson as Prisons Minister caught the eye of many in and around the prison world when Mr Starmer organised his ministerial team after the election victory. Lord Timpson, who was chair of the Prison Reform Trust, has long voiced his support for the need to tackle the cycle of re-offending by giving ex-offenders more job opportunities. His family business Timpson is known for recruiting ex-offenders, helping to get them on a stable path back into society.