UK exempts 1,000 prisoners from early release scheme

Key facts

Exempted prisoners: Around 1,000
Expected early releases: About 5,000 over 10 months
Previously expected: 6,000
Ineligible already: More than 17,000
New release point: One-third of sentence for many
Start date: October (pushed back from September)

Background

Around 1,000 prisoners have been exempted from the Government’s early release scheme under changes announced late on Monday. The scheme, introduced by this year’s Sentencing Act, is part of a drive to ease prison overcrowding which ministers have warned could see the justice system collapse.

Most criminals do not spend the whole of their prison sentences behind bars, instead serving a portion of it in jail before spending the rest on licence – released, but subject to strict conditions that could see them returned to prison if breached. Previously, offenders with standard determinate sentences – the most common type of prison sentence – were automatically released after serving 50% of the time. In 2024, this was reduced to 40% to cope with prison overcrowding.

The Sentencing Act 2026 cut that period further for many prisoners, reducing it to a third of the sentence. For prisoners serving standard determinate sentences of more than four years for certain violent and sexual offences, it reduced the automatic release point from two-thirds of the sentence to halfway. Those offences included rape, manslaughter, assault by penetration and wounding with intent to cause grievous bodily harm.

Current situation

The changes only applied to those serving standard determinate sentences, meaning those with other sentences such as life or an extended prison term would not see any reduction in the time they spend behind bars. This meant more than 17,000 offenders were already ineligible for early release. Offenders could also see their earlier release date pushed back if they break prison rules.

For those already in prison, the changes were due to be phased in from September, starting with inmates serving sentences of less than 575 days and increasing to those serving 12 years or more in June next year. But Andy Burnham paused the plans on coming into office after a public outcry. Campaigners had previously called for rapists and child sex offenders to be exempt, but the issue gained new prominence due to the prospect that two of Pc Andrew Harper’s killers would be released under the changes.

On Monday, the Government announced that prisoners serving sentences for rape or child sex offences would also be exempt from the changes. And he pushed back the date when the new sentences would come into force from September to October to give the Probation Service more time to prepare.

Early release scheme key figures
Item	Value
Prisoners exempted	Around 1,000
Expected early releases	About 5,000
Previously expected	6,000
Already ineligible	More than 17,000
Release point before 2024	50%
Release point in 2024	40%
Release point under 2026 Act	One-third for many
Release point for certain violent/sexual offences	Halfway (from two-thirds)

Figures as reported by the Press Association.

Impacts

About 5,000 offenders are expected to be released early over the 10 months the new scheme is phased in, down from 6,000 before Monday’s announcement. The Ministry of Justice has not announced whether the whole timetable for phasing in the new sentences has been pushed back, which would see the longest-serving prisoners released in July next year instead of June.

On Tuesday, Justice Secretary Alex Norris did not say how many would be released in the first tranche in October as the relevant sentences were still being recalculated. Ministers intend to set out further details on timings when they publish the legal orders needed to enact the changes in the coming weeks.

The Government has said offenders who are released early will be subject to tougher licence conditions, overseen by the Probation Service. These include electronic monitoring, random drug testing and possible bans from driving, pubs and events such as football matches.

Future outlook

Scenario analysis: The possibilities below are not certain predictions.

The changes could affect the release dates of prisoners serving standard determinate sentences, but the full timetable remains unclear. If the phasing is not pushed back, the longest-serving prisoners could be released in June next year; if it is pushed back, they may be released in July instead.

For Pc Andrew Harper’s killers, Jessie Cole and Albert Bowers, their release depends on the timetable. They were each jailed for 13 years and were initially due to be released automatically after serving two-thirds, meaning they would have been released around 2028. They will now be released next year in June or July, depending on what happens to the timetable for phasing in the new sentences.

The driver, Henry Long, was not eligible for inclusion in the early release scheme as he had received an “extended” sentence of 16 years after the judge deemed him “dangerous”. That remains the case, and he will remain in prison until at least 2030 when he becomes eligible for consideration by the Parole Board for release.

Source: wharfedaleobserver.co.uk

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