Statement – Victims’ Commissioner responds to early release announcement

Baroness Newlove has issued a statement on emergency measures introduced by the Lord Chancellor to address prison overcrowding. 

The statement comes in response to the government announcement that the Ministry of Justice will temporarily reduce the proportion of certain custodial sentences served in prison from 50% to 40% from September.

Sentences for serious violent offences of four years or more, as well as sex offences will be automatically excluded from the early release policy, and, in a new development, the early release of offenders in prison for domestic abuse connected crimes will also be excluded.

This exemption will include:

• Stalking offences
• Controlling or coercive behaviors in an intimate or family relationship
• Non-fatal strangulation and suffocation
• Breach of Restraining Order, Non-Molestation Order, and Domestic Abuse Protection Order.

The new rules will also not apply to most serious offenders, who already either spend two-thirds of their sentence behind bars or have their release determined by the Parole Board.

Baroness Newlove greeted these changes as a “welcome and necessary step”, adding that they reflected “the concerns of victims and those who advocate for them.”

The Victims’ Commissioner stressed the need for clear communications with victims and transparency on decision-making with to build trust and reassure victims. “Rigorous oversight is crucial to ensure this new regime effectively prioritises victim safety while putting our justice system on a more sustainable footing.”

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:

“The justice system faces immense pressure, demanding difficult choices. Yet, victim safety must never be compromised.

“Recognising this, the decision to exclude domestic abusers and stalkers from benefiting from an early release date is a welcome and necessary step, reflecting the concerns raised by victims and those who advocate for them. Public safety must remain the top priority as these changes are implemented. We must acknowledge these exclusions have limitations and cannot address every potential risk.

“Clear communication with victims is essential to building trust throughout the process. It is important victims are informed if release dates are brought forward and are given the opportunity to request protective measures. Thorough risk assessments are essential, as are robust release plans. The Probation Service plays a critical role in this. They must be properly resourced to effectively manage licensing conditions and exclusion zones, which are vital for public safety and victim reassurance.

“This change in sentencing lays bare the significant long-term challenges facing our justice system. It is paramount victim confidence, already fragile, is not impacted further. As we navigate these changes, transparency will be key.

“Rigorous oversight is crucial to ensure this new regime effectively prioritises victim safety while putting our justice system on a more sustainable footing. “