Andy Burnham, the anticipated next Prime Minister, is reportedly alarmed over plans that could see child groomers and rapists become eligible for early prison release from September. His team is now examining how to exclude child sex offenders from the programme, according to the Sunday Times.
Background of the Sentencing Act
Under the Sentencing Act, which became law earlier this year, inmates serving time for certain violent or sexual crimes will become eligible for release halfway through their sentences, rather than completing the current requirement of two-thirds. Offenders including burglars and thieves are amongst prisoners who will be considered for release a third of the way through their sentences, down from the present 40 per cent, reports the Mirror.
Tens of thousands of inmates are already excluded from the reforms, including those serving life sentences, terrorists, or murderers. Elements of the Sentencing Act will be introduced from September, meaning some criminals who were already sentenced will be freed earlier than a judge intended. The first 700 offenders are reportedly due to be released in September.
The 'Earned Progression' Model
The new system, known as an "earned progression" model and inspired by prisons in Texas, is being introduced to free up prison cells by releasing offenders at an earlier stage in their sentences. It is backed by additional reforms including the expanded deployment of technology, such as electronic tagging, to supervise offenders within the community and measures to assist criminals whose wrongdoing is fuelled by drugs, alcohol, or mental illness.
Former Home Office minister Jess Phillips, who stepped down from the Government last month, recently proposed the scheme should include an exemption to ensure those who have perpetrated serious sexual offences against children remain behind bars. She told LBC: "It is my opinion however that there should be more exemptions within the release scheme and child rapist seems to be an area that we should potentially all be looking to work together for, if the numbers allow."
Government Defence of Reforms
Last week Justice Secretary David Lammy stood by the proposals, which have already received parliamentary approval from MPs. He told the Tories that the reforms are essential because they "almost broke the prison system". Mr Lammy said: "You built just 500 places in 14 years and we had to fix that system. You had 17 different forms of guidance on early release in the last year, all done in secret. That's why we introduced the Sentencing Bill, that's why it got royal assent in January. And that's why we're doing everything we can to build more prison places – 14,000 prison places by 2031."
Between October 2022 and August 2024, the adult male prison estate operated at between 98.0% to 99.7% capacity, according to the National Audit Office.
Burnham's Broader Concerns
Mr Burnham, who is anticipated to take on the role of PM come July 20, has also voiced his disagreement with Labour's intentions to scrap jury trials for criminals predicted to receive a sentence of three years or less. During the Makerfield by-election campaign in May, Mr Burnham proposed a "pause" on these plans, describing jury trials as a "lynchpin of a fair society". Speaking to a local radio station, he said: "My instinctive reaction is... I think proceed with huge caution and do not take away something that's a lynchpin of a fair society. My call on the Government is to pause this and take a step back and have proper consideration. I understand the pressure on the courts but this is about a fundamental part of our country. It has to proceed with broad consent if it's to proceed. Perhaps there's a case in some trials not to have a full jury trial. But it should be done with the broadest possible consent in society."
Regarding sentencing reforms, a Ministry of Justice spokesperson said: "Without this decisive action, prisons would have run out of space entirely, making it impossible for convicted offenders to be sent to prison and risking the complete breakdown of the criminal justice system, putting the public at untold risk. Offenders who a judge has deemed the most dangerous are automatically blocked from early release, and prisoners who behave badly while behind bars face being locked up for longer. Anyone who is released faces tough rules such as restrictions on their movements, tagging, being banned from attending public events, pubs and clubs, backed by our record £700m investment into probation and 1,300 extra probation officers."
