UK Government to Release Prisoners After Serving 40% of Sentence in Bid to Prevent Justice System Collapse

Inmates to be freed after completing 40% of their term to reduce prison overpopulation

Since January 2023, correctional facilities have consistently operated at over 99% capacity, raising alarms about potential system failure.

Political correspondent @alixculbertson

Friday, 12 July 2024, 8:17

The government has declared that inmates who have completed 40% of their term will be set free to reduce overcrowding in prisons.

Justice Secretary Shabana Mahmood warned that without immediate action, the criminal justice system might collapse, potentially leading to chaos, including widespread looting and rioting.

The recently appointed minister criticized Rishi Sunak and his team at Number 10 for being "too feeble to pay attention to the obvious warning signals."

The current administration reports that the previous government granted early release to over 10,000 inmates from October of the previous year through June of this year.

In England and Wales, inmates, with the exception of those convicted of the most severe crimes, are typically granted conditional release after completing half of their prison term.

Starting in September, it will be decreased to 40%.

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Mark Fairhurst, the chair of the Prison Officers Association, informed Sky News that approximately 5,500 inmates might be set free in the initial months of the program.

Further Discussion on Prisons

Oliver Freckleton: Father of fatally stabbed son argues that early release from prison is 'not the solution'

Labour may currently point fingers at the Conservatives for the issues in the prison system, but they will soon face difficult decisions themselves

Concerns over 'rampant lawlessness' if prison space isn't increased – as the government prepares to unveil strategies

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The decrease in duration of incarceration will not be applicable to individuals who have been convicted of major violent crimes carrying sentences of four years or longer.

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• Acts of stalking

• Manipulative or domineering conduct within a close or familial bond

• Non-lethal choking or asphyxiation

• Violation of a restraining order, non-molestation order, or domestic abuse protection order.

The most egregious violators will no longer be eligible for early release. They are required to serve at least two-thirds of their sentence in prison unless the Parole Board determines they can be released sooner.

Digital monitoring and imposed restrictions on movement

Inmates freed ahead of schedule under the initiative will be rigorously supervised using methods such as electronic tracking devices and enforced curfews.

They risk being sent back to prison if they violate the terms of their release.

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While unveiling the strategy at HMP Five Wells in Northamptonshire, Lord Chancellor Mahmood stated, "Overcrowded prisons lead to increased violence, which endangers the safety of frontline prison staff."

"When there are no available cells, suspects cannot be detained. This results in vans full of potentially dangerous individuals roaming the nation without a destination.

Law enforcement may need to utilize their holding cells to manage excess inmates, which could result in fewer officers patrolling the streets.

Before long, the judiciary would come to a standstill, incapable of conducting trials.

"Given the inability of the police to intervene, wrongdoers are free to engage in any activity without facing repercussions."

Observers witnessed rioters causing chaos, breaking windows, plundering stores, and igniting fires in local communities.

To put it succinctly, immediate action is crucial to avoid the imminent failure of the criminal justice system and a complete disintegration of law and order.

This is a temporary solution, and there are ongoing concerns about significant changes

By Mollie Malone, news reporter

This is perceived by those in the prison and probation fields as a genuine effort to address and mitigate the current crisis in prisons.

Proposed laws set for September could release specific inmates to alleviate overcrowding.

However, it's far from a complete solution.

Today, the Justice Secretary acknowledged that the primary policy change to reduce the automatic release threshold from 50% to 40% is indeed a temporary solution.

Currently, we are moving hastily from one urgent action to another.

New protective measures have been implemented which were absent in the contentious Early Custodial Release Scheme (ECSL) initiated by the Conservative government in October. This program permits qualified offenders to be released up to 70 days prior to serving their full sentence.

These protections could alleviate concerns raised by advocacy groups for victims, though they do not provide a permanent fix.

"A prison insider noted that despite the impending legislation, it fails to address the long-term application of incarceration."

"Continuing to deal with court delays and increasing the prison population will only lead us back to the same issues."

The administration has pledged to create additional spaces in prisons. However, James Timpson, the minister overseeing prisons, strongly opposes this strategy, believing that one-third of the current prison population does not belong there.

Numerous inquiries remain regarding the appearance of significant reform.

The former Conservative administration initiated a contentious program last October for the early release of inmates, permitting some convicts to be released up to 70 days prior to completing their sentence.

Ms. Mahmood announced that the program, which resulted in the release of over 10,000 offenders, has been terminated.

Addressing the actions of the prior Conservative administration, the justice secretary remarked, "Over and over, they avoided making the tough choices necessary to tackle this problem. Rather, they concealed from the public the true condition in which they had left the nation.

"They ignored the clear alerts, opting to jeopardize the nation's safety."

She stated: "The individuals accountable – Sunak and his team at Number 10 – ought to be remembered historically as the culprits.

"The individuals responsible prioritized their political ambitions over the nation's safety and security. It was the most shameful neglect of responsibility I have ever witnessed."

Further reading: Inmates expected to be freed sooner

Former inmate recounts disorder upon early release

Labour pledges to create numerous additional prison cells

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A spokesperson for the Conservative Party criticized Labour’s proposal to allow inmates to be freed after completing 40% of their sentences, stating, "One of the government's key duties is to shield the public from dangerous or habitual offenders. Although maintaining operational prisons is crucial, the new administration must focus on public safety first."

"We have consistently maintained that releasing prisoners should be considered strictly a final option, and the government must explore every alternative before deciding on this measure—also, it is crucial to implement sufficient protections to safeguard the community."

"We are waiting for more information to effectively evaluate these proposals. However, it’s crucial that measures taken to control the prison population do not compromise public safety."

The spokesperson expressed frustration that Labour had remained silent on the issue of deporting the significant number of foreign national offenders in our prisons. They emphasized that they would urge the government to adhere to their effective deportation program and to meet the goal of doubling the deportations of foreign national offenders.

From the start of 2023, the majority of male correctional facilities in England and Wales have been operating at over 99% capacity, according to data from the Ministry of Justice.

The most recent data shows that as of Monday, there were just 708 spots left.

To ensure the system functions efficiently and without interruptions, it is necessary to maintain a buffer of at least 1,425 spaces, which is more than twice the minimum amount needed.

Ms. Mahmood committed to hiring over 1,000 new probationary officers by March 2025 and announced plans to release a decade-long strategy for prison capacity during the fall Budget.

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