Victims’ Commissioner raises concerns over early release changes for recalled offenders

More than a thousand prisoners will be released early from prison in the coming weeks in a bid to ease overcrowding, the government has announced.

Set to leave prison early is a cohort of offenders serving one to four year sentences (including for violent and sexual offenses), currently recalled to prison having breached their licence conditions and been deemed to pose a risk to the public.

Instead of remaining in prison until a parole board decides that releasing them into the public is safe, these offenders will now leave prison following a fixed-term recall of 28 days and without appearing in front of a parole board.

In response to the changes, the Victims’ Commissioner for England and Wales, Baroness Newlove, said:

Victims will understandably feel unnerved and bewildered by today’s announcement.

It is the latest in a series of short-term, stop-gap measures prompted by chronic pressures on prison capacity. The cumulative effect has been to corrode confidence in the justice system and undermine victims’ sense of security.

I find it difficult to understand why this specific group of offenders has been targeted for early release and I am concerned about the implications for victim safety. This cohort will either have committed sexual or violent offences or been assessed as posing an unacceptable risk of harm to the public. I will be seeking urgent clarity from the Lord Chancellor on how this policy will operate in practice – and what safeguards will be put in place to protect victims and uphold public trust.

If the probation service, the Secretary of State and the Parole Board have all judged these individuals to pose a risk of harm to the public, then reducing time served on recall can only place victims and the wider public at an unnecessary risk of harm.

I will be writing to the Secretary of State to raise concerns on behalf of victims. I hope the government will listen – and reconsider whether this is a responsible or proportionate way to address the current pressures on our prison estate.

ENDS

Notes to editors:

1. Offenders are only returned to prison on a standard recall if they breach their licence conditions and are considered to present an unacceptable risk to the public. Currently, two-thirds of those serving sentences of up to 48 months are recalled on this basis – either because they were sentenced for violent or sexual offences, or because the Secretary of State deems them a risk to public safety.
2. Under the new regime, offenders serving sentences of up to and including 48 months will be eligible for a fixed-term recall of 28 days, unless they have been charged with a further serious offence or are being managed at MAPPA level 2 or 3. The Victims’ Commissioner understands that, under these arrangements, the vast majority of such offenders will receive a fixed-term recall, with only a relatively small number continuing to meet the threshold for a standard recall.
3. The Victims’ Commissioner further understands that this change will be applied retrospectively. In nearly all cases, their release will have been considered – and refused – by the independent Parole Board.
4. Read the Victims’ Commissioner’s statements in response to previous early release announcements (SDS40), published in July and September 2024 – including her statement expressing concern over a number of prisoners released under the scheme in error.