New law to end Friday prison releases receives Royal Assent

The charity Revolving Doors says the decision to end Friday prison releases is a “significant achievement” for those transitioning into the community from custody.

Jul 3, 2023
By Paul Jacques

The Ministry of Justice (MoJ) says the new law will end the “damaging race against the clock” for prisoners to access support services and reduce the risk of reoffending.

Around one in three prisoners leave custody on a Friday – giving them just a few short hours to access critical support, such as finding a bed for the night, registering with a GP and signing up with the job centre, before services shut for the weekend.

The Offenders (Day of Release from Detention) Bill, which received Royal Assent last week, gives prison governors the power to release prisoners with mental health issues, substance misuse problems or who have far to travel home, on a Wednesday or Thursday instead.

“This will end the damaging race against the clock for prison leavers to get the help they need before many support services close for the weekend – which in turn increases their risk of reoffending and puts the public at risk,” said the MoJ.

“Research shows that an offender’s release day can make a difference to that person’s likelihood of reoffending, and those with stable accommodation lined up are 50 per cent less likely to commit further offences.”

Only prisoners who pass security checks will be considered eligible for release, with the final decision taken by prison governors when the Act comes into force in the coming weeks.

Prisons Minister Damian Hinds said: “Cutting crime and protecting the public is my top priority and ending Friday releases is a significant but common-sense change that will do exactly that.

“By maximising the time people have when they leave prison to get a job, a home and access drug treatment we can continue to drive down reoffending rates.”

Pavan Dhaliwal, chief executive of Revolving Doors, said: “This is a small victory that holds immense meaning for individuals transitioning into the community from custody. Friday and bank holiday releases set people up to fail, leaving them with a multitude of appointments to attend before the weekend shutdown, such as with their probation officer, housing services, the GP or drug and alcohol services.

“This impossible race against time has had devastating consequences for some of our members and others with lived experience of prison, including homelessness, going without necessary medication over the weekend, or even recall to prison.”

However, she added: “While we acknowledge the significance of this achievement, we remain steadfast in calling for the eradication of short sentences which are both more expensive and less effective than community sentences. Until this change happens, it is imperative that every person, regardless of their release date, is afforded the opportunity to turn their lives around through comprehensive, thorough and timely resettlement support.”

The Bill was brought forward by Simon Fell MP and Lord John Bird MBE, before gaining government support. It also delivers on the Government’s pledge in the Prisons Strategy White Paper, published in December 2021.

This White Paper has already seen the ongoing creation of a new prisoner education service to raise levels of literacy, numeracy, skills and qualifications, bolstered links between prisons and employers and new dedicated Incentivised Substance Free Living Units and Drug Recovery Wings to help prisoners recover from addiction.

Mr Fell, sponsor of the Offenders (Day of Release from Detention) Act, said: “This Bill makes a small change in the law that will deliver a huge difference to the lives of those released from prison, cut reoffending rates, reduce the pressure on prisons, and cut levels of crime.

“It’s been my pleasure to work with the MoJ, brilliant charities such as Nacro, and prisoners themselves, to secure passage of the Bill. I’m delighted that we’ve got it over the line and can finally end the cycle of Friday releases that help absolutely no one.

Campbell Robb, chief executive of the social justice charity Nacro, added it was an important day for service users and staff who “shared their experiences and highlighted the problems with Friday releases”.

“For too long Friday releases have been setting people up to fail, but no more,” he said.

“This legislation gives people with the highest needs, that vital extra time after they leave prison to access housing, GP services and probation before the weekend. This will all serve to give people the best chance at a second chance and reduce reoffending.”

Anne Fox, chief executive of Clinks, which supports voluntary organisations in the criminal justice system in England and Wales, said: “We are pleased to see this Bill passed, significantly restricting the practice of releasing people from prison on a Friday.

“This will allow providers within the voluntary sector greater breathing room to deliver vital services to people released from prison – crucial to ensuring continuity of care through-the-gate – ending that race against the clock faced by so many people released on a Friday.”

The Government says it has already made “considerable progress” in tackling reoffending rates, which have decreased over the past ten years from 31.6 per cent in 2010/11 to 24.4 per cent in 2020/21.

Since April 2022, the proportion of prison leavers finding work within six weeks of release has increased from 15 per cent to 19 per cent, with 30 per cent in work after six months, up from 23 per cent.

Alongside this, prisons have also rolled out tough new security measures which have foiled more than 28,000 plots to smuggle drugs, phone, and weapons into prisons over the past two years – keeping prisons safe so more time can be spent on rehabilitation.

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