Russell Brand will have to serve longer in prison after a law change introduced by Andy Burnham came into force last month. Brand has been jailed for 10-and-a-half years for raping one of his fans and sexually assaulting three TV and radio workers.
Changes to Early Release Scheme
Labour's early prison release scheme would have allowed Brand to be potentially freed at halfway through his sentence. However, changes were made to the law following Andy Burnham taking office.
Mr Burnham announced a 'pause' on putting new release rules into place shortly after taking office, and then announced that criminals sentenced for rape, serious child sexual and grooming offences would no longer be eligible for the scheme at all. The new rules were then put in place from October 1.
Impact on Brand's Sentence
It means that Russell Brand, having been convicted of rape, will not be eligible for the early release scheme any more. However, the former Hollywood film star will still be able to get out of prison before the end of his 10-and-a-half year term, providing he behaves in prison, as usual sentencing rules allow sex offenders to be released under probation supervision after having served two thirds of their sentence.
The Institute for Government says: "Shortly after becoming prime minister, Andy Burnham announced a 'pause' on implementing the new release rules then on August 4 confirmed that people serving sentences for rape, serious child sexual and grooming offences would no longer be eligible, affecting around 1,000 prisoners. On August 30, the government further narrowed the scheme, excluding anyone serving time for 'unlawful killing', which includes manslaughter, death by dangerous driving and causing or allowing the death of a child. Together, these changes mean around 4,500 people will be released earlier over the following nine months, compared to about 6,000 previously expected."
Release Under Supervision
It adds: "Leaving prison does not end the sentence. The person continues to serve the rest of their sentence in the community 'on licence', under conditions set by probation, and can be returned (or 'recalled') to prison if those conditions are breached. There are good reasons most people do not spend their entire sentence in prison: if they did, then they would not be subject to any conditions or monitoring by probation after release."
The Institute for Government sets out that those convicted of rape would be eligible for release under supervision after serving 67% of their term.
Conviction and Sentencing
Brand, now 51, abused his celebrity status to prey on women and was convicted after a trial at Southwark Crown Court of crimes against four victims. One of his fans told how she was raped as a 21-year-old by Brand in 2009 at his luxury London home, while female staffers at Channel 4, MTV and Capital Radio came forward to reveal how they had been sexually assaulted by the TV star.
On Monday, Mr Justice Bennathan slammed Brand's "staggering arrogance" as he sentenced him to 10-and-a-half years in prison for rape and three counts of sexual assault. The judge told Brand: "About 20 years ago Russell Brand, you were becoming famous, you were clever, and in many people's eyes you were funny and charismatic. You had also become a sexual predator."
Brand, who has already spent four nights in custody at Wandsworth Prison, will be on the Sex Offender Register for life.
