Parliament Approves Early Release Plans to Alleviate Prison Overcrowding

The policy change is projected to reduce the demand for prison places by between 4,900 and 6,200, with the male prison estate seeing a reduction of between 4,600 and 5,900 places.

The Statutory Instrument (SI) amends the automatic release point for specific Standard Determinate Sentences, including Section 250 sentences under the Sentencing Act 2020 and Detention in a Young Offenders Institution sentences. Standard Determinate Sentences are the most common type of custodial sentences issued by courts and are applicable for most crimes.

The practical impact of this change will be to authorize release when a prisoner has served 40% of their sentence instead of the current 50%. For instance, a prisoner sentenced to 30 months in custody would now be eligible for automatic release after serving 12 months, compared to the previous 15 months.

Are there any exceptions?

Yes, several offences are excluded from the new release scheme, including:

• Offences under the Sexual Offences Act 1956

• Offences in the Sexual Offences Act 2003 (including those listed in Schedule 3 to that Act)

• Sexual offences listed in Schedule 15 to the Criminal Justice Act 2003

• Violent offences listed in Schedule 15 to the Criminal Justice Act 2003 where the sentence is 4 years or more

• Stalking offences under the Protection from Harassment Act 1997

• Controlling and coercive behaviour in an intimate or family relationship under the Serious Crime Act 2015

• Non-fatal strangulation and suffocation under the Serious Crime Act 2015

• Breach of a restraining order in the Sentencing Act 2020

• Breach of a non-molestation order in the Family Law Act 1996

• Breach of a Domestic Abuse Protection Order in the Domestic Abuse Act 2021

• Offences under the National Security Act 2023

• Offences under the Official Secrets Acts of 1989, 1920, and 1911

• Additional terrorism-related offences and state threat-related offences

For individuals sentenced to 12 months or more for these specified offences, the Probation Service Victim Contact Scheme may apply, requiring standard victim contact engagement to support the release process. Additionally, offenders already released before the 50% automatic release point under conditions like Home Detention Curfew or End of Custody Supervised Licence will be excluded from these changes, as will Foreign National Offenders removed for deportation under the Early Removal Scheme.

Does this apply to those already sentenced?

Yes, it does. Offenders currently in custody serving a sentence eligible for the new release point will have their release dates recalculated. This could result in immediate eligibility for release if they have already served 40% of their sentence by the commencement date.

How Can We Help?

At Forbes Solicitors, we stay abreast of legislative and case law changes to provide the best possible advice. If you would like to discuss any aspect of your case, please contact Craig MacKenzie, Partner & head of our High-Profile & Private Crime Division.