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Domestic abusers and stalkers could be freed from jail on electronic tags as little as a quarter of the way through their sentence under new legislation.
It comes as part of an expansion of the government’s Home Detention Curfew (HDC) — a scheme that allows some prisoners to be released with an electronic tag if they have a suitable address to go to.
It had previously been the case that prisoners could only be released six months before the end of their sentence, but the Ministry of Justice is increasing it to a year from June 2025 in a bid to combat overcrowding and to free up prison spaces.
This could mean offenders convicted of crimes including harassment, stalking, coercive control and non-fatal strangulation, could be released early with a tag and at-home curfew.
Claire Waxman, London‘s victims’ commissioner, said domestic abusers had no right to be given HDC and there was ‘understandable concern’ from victims seeing that their offender could be released as part of this scheme.
‘It is frustrating that decisions like these are having to be made – the result of more than a decade of mismanagement and underfunding of our justice system,’ Ms Waxman told The Telegraph.
She hopes the UK will not see ‘exceptional circumstances’ being used as justification for allowing the release of these prisoners to ‘ease the population crisis’.
Claire Waxman (pictured on This Morning) London ‘s victims’ commissioner, said domestic abusers had no right to be given HDC and there was ‘understandable concern’ from victims seeing that their offender could be released as part of this scheme
A domestic abuse survivor was left fearing for her life after Duane Meggitt, 32, (pictured) the man who assaulted her, was wrongly freed from prison
Under HDC, freed prisoners have an electronic tag on their ankle, a sensor in their home and are under 12-hour curfews from 7pm until 7am the following day.
Responding, the Ministry of Justice said all releases on the HDC are discretionary and approval is needed from a prison governor.
No one is eligible for HDC unless they have been risk assessed and have six months or less left before their conditional release date, the MoJ added.
A Ministry of Justice spokesperson said: ‘These exclusions have not changed. Individuals with offences linked to domestic abuse, such as stalking and harassment, are always presumed unsuitable.
‘HDC is entirely discretionary and anyone released under the scheme is subject to a rigorous risk-assessment to ensure there is a plan in place to manage them outside of prison. Offenders must be tagged and face the strictest licence conditions, which could see them recalled to prison.’
In September, a domestic abuse survivor said she had been left fearing for her life after the man who assaulted her was wrongly freed from prison.
A prisoner gestures after being released from HMP Pentonville in London on September 10 as part of the government’s early release scheme
People spray a man with sparkling wine after he was released early from HMP Nottingham on September 10 under Labour’s new early release scheme
An inmate leaving HMP Liverpool on September 10 under the scheme
Duane Meggitt, 32, had been jailed for nine months in August for common assault and breaching a restraining order.
But just weeks into his sentence, Meggitt was erroneously freed under Sir Keir Starmer’s early release scheme because he had not been recorded as a domestic abuser.
Meggitt was one of 37 inmates, all jailed for breaching restraining orders and including stalkers and domestic abusers, who were mistakenly released.
Five are still yet to be put back behind bars.
An ‘urgent’ police operation is currently underway to return the missing prisoners and all victims have been contacted, the Ministry of Justice has said.
In Meggitt’s case, he was recalled to HMP Leicester on September 16, four days after his release.
But in the time it too to put him back behind bars, his victim said she lived in mortal fear.
She told The Sun: ‘I was constantly having panic attacks and feared he was going to turn up at my house to kill me or he was going to kidnap my son.
‘I kept us locked in with the blinds and curtains shut because I didn’t want him turning up and seeing that we were there.’
The MoJ has since apologised to the woman for ‘any upset or anxiety this may have caused’ and said they would review the circumstances of Meggitt’s release.
Meggitt had been released because his offence had been logged under outdated legislation.
People who breached restraining orders used to be charged and sentenced under the Protection for Harassment Act 1997.
However, this was later replaced by the Sentencing Act, meaning that some prison records were incorrect.
Justice Secretary Shabana Mahmood had promised domestic abusers would be excluded from the early release scheme, but Meggitt, like others, was able to slip through the net.
Abigail Ampofo, interim chief executive of Refuge, previously told the Mirror: ‘This is already an incredibly worrying time for survivors, and the continued failings of the justice system to prevent the release of domestic abuse perpetrators under this scheme are truly disappointing.
‘We are all too aware of the grave repercussions that occur when the criminal justice system fails to recognise the real risk abusers pose to survivors’ safety, and we urge the Government to take greater precautions in ensuring that no more offenders who have breached restraining orders are released. ‘
A Ministry of Justice spokesman said: ‘Public safety is our first priority.
‘That is why we took decisive action to fix the broken prison system we inherited and keep the most dangerous offenders locked up. This included blocking the early release of domestic abuse offences such as stalking and controlling behaviour.
‘We are working with the police to urgently return a very small number of offenders – who were charged incorrectly and sentenced under repealed legislation – to custody.
‘The convictions remain valid with offenders monitored since their release and will soon be back behind bars.’