Prime Minister Andy Burnham has paused plans to release prisoners early in September to ease overcrowding, announcing that rape, serious child sex offences, and grooming will be excluded from the sentencing changes. The scheme will now be delayed until October to give probation staff time to plan for releases.
Exclusions and tougher supervision
Mr Burnham said he “wanted to go even further” but that was not possible without the prison system collapsing and putting the public “at much greater risk”. He assured the public that offenders will face tighter community supervision, including new GPS monitoring for rapists to restrict movements.
Under the changes in the Sentencing Act, some 6,000 offenders were set to be let out in September after serving a third of their sentence, rather than half. Prisoners serving longer sentences of four years or more would be eligible for release at the halfway point, rather than at two-thirds. These changes were due to be phased in, beginning with prisoners of less than 575 days.
Criticism over Pc Harper's killers
The Government faces criticism that Pc Andrew Harper’s killers are still eligible for early release. Pc Harper’s widow Lissie said she is “beyond appalled and bristling with anger”, while Thames Valley Police Chief Constable Jason Hogg said the decision not to exclude them is “demoralising for all police officers”.
Announcing the changes, the Prime Minister said: “Keeping the public safe is my top priority. That’s why I asked for an urgent review of the prisoner release scheme. I fully understand the anger, anxiety and distress that’s been caused. I’ve heard that loud and clear. That’s why we’re making significant changes: offenders who have been sentenced for rape, serious child sex offences and other grooming offences will be excluded from the changes. I want to be honest – I wanted to go even further as I know there will still be concerns about other offenders having their sentence shortened. But it’s not possible without the prison system reaching capacity and collapsing, which would put public safety at much greater risk. That’s why we will also be introducing much tougher community measures. There will be a presumption that all offenders are tagged, longer periods of supervision and tough new rules, including restriction zones for offenders.”
Victim support and prison building
The Government has said that, after listening to victims’ concerns, rapists and child sexual offenders will not be eligible for the sentencing changes. These will be added to the exclusions already in place for 18,000 offenders, including those found by a court to be the most dangerous or anyone serving a life sentence.
The Government has also announced a new package of victim support, backed by £10 million, to provide better trauma-informed contact. A new national helpline will also be established and efforts made to contact all affected victims to offer information and support.
Mr Burnham added that the Government will deliver “the fastest prison building programme since the Victorian era”, aiming to create 14,000 new prison places by 2031. The Prime Minister has also asked Justice Secretary Alex Norris to look at how the UK can remove more foreign offenders and faster, review Imprisonment for Public Protection (IPP) sentences and free up space in women’s prisons.
Reactions from officials
Justice Secretary Alex Norris said: “The Prime Minister and I have reviewed these reforms, listened to the concerns and gone further to protect victims. These are decisions no minister would ever want to take, but it is right these sickening crimes are excluded from these reforms. Victims will also have access to better support and reassurance that offenders leaving prison face tougher supervision and punishment.”
Wider releases under the Sentencing Act have been delayed from September to October, giving probation staff time to plan for releases and to ensure victims can have a say in restrictions placed on offenders. The changes also introduce a new progression model which will end automatic release for badly behaved offenders. Those who break the rules or are violent behind bars face spending 100% of their sentence locked up.
Shadow justice secretary Nick Timothy said: “Labour whipped their MPs to vote to let rapists, paedophiles, and grooming gang perpetrators out of prison early. Now they admit the Conservative campaign to stop this was right – this is a victory for victims. But their U-turn doesn’t go far enough. Some child sex offenders and killers, like those responsible for the death of Pc Harper, will still be released early. And the trauma of victims being told their abusers may be released can’t be undone. One of Andy Burnham’s first acts as Prime Minister will be to let thousands of criminals – including killers and paedophiles – out early.”
Pc Harper died in the line of duty in 2019, and Lissie Harper criticised the Government for not excluding her husband’s killers from early release. “This is disgusting. I am beyond appalled and bristling with anger to hear that Andrew’s killers are soon to be free to roam the streets,” she said. “What abhorrent message does this send? How dare ministers say the killing of a police officer is not enough of a ‘sickening crime’ that deserves the stiffest of punishments. The level of disrespect the Government are showing to Andrew and other victims – and to their loved ones such as me – is beyond contempt.” She said releasing Andrew’s killers early would be “an affront to justice” and “an utter betrayal”.
The Victims’ Commissioner for England and Wales, Claire Waxman, said early release plans have “been a source of shock, distress and uncertainty for victims” and that many have been let down by “poor communication”. On the new exclusions, she said: “While this will be well received by some victims, most will not fall within those categories, and exclusions alone cannot guarantee victim or public safety. Effective risk management, meaningful licence conditions, proper supervision and timely, trauma-informed communication and support remain critical.” Ms Waxman added that delaying implementation to October was a “necessary step”, and that the extra time must be used to “deliver the protections needed to keep victims and the public safe”.
Domestic Abuse Commissioner Dame Nicole Jacobs said not excluding domestic abusers is “wrong and puts victims lives at risk”. She said: “It is critical that no abuser is released in October unless I am confident that victims’ safety is not being compromised.”
