Prisoner Early Release Scheme could put safety of women and children at risk, warns Women’s Aid

While Women’s Aid recognises that overcrowding is a serious issue that the Government needs to take urgent action to address, it is concerned that the Early Release Scheme is “coming at the price of safety for women and children”.

The Government has stressed that those serving sentences for certain sexual, violent, domestic abuse, terrorism and national security offences are excluded from the Early Release Scheme.

Under the changes to the automatic release point that came into effect on September 10, eligible prisoners serving sentences of less than five years can be released on licence into the community after serving 40 per cent of their sentence rather than 50 per cent.

The law change is also expected to apply to those serving sentences of five years or more from October this year.

Justice Secretary Shabana Mahmood said the changes would mean around 5,500 offenders would be released across the two tranches.

To help manage the early release of prisoners, the Justice Secretary has said at least 1,000 new trainee probation officers would be recruited by the end of March 2025.

However, Isabelle Younane, head of External Affairs at Women’s Aid, said: “We have been assured that prisoners convicted of sexual and some domestic abuse offences will not be among those released, but sadly we are hearing from our member services across the country that many perpetrators are slipping through the net, having been convicted of other related offences, such as assault.

“The early release of perpetrators will have a detrimental impact on both the physical safety and mental wellbeing of survivors, who have been able to live in safety and begun to rebuild their lives free from fear while their abuser was in prison.

“The Early Release Scheme relies heavily on an already overstretched and struggling probation service, and we fear that the release of such high volumes of prisoners at once will push them to breaking point.”

Ms Younane said for a long time it has been warning that probation services across the country are already “failing to safeguard survivors, with inadequate monitoring and poor risk assessing of perpetrators”. I

“Inconsistencies in probation services across the country also means that there is a mixed picture when it comes to how specialist domestic abuse services are involved with safety planning – with many being left out of the process entirely,” she said.

“As an average of one woman a week is killed by a current or former partner, proper monitoring, evaluating and safety planning can be a matter of life and death.”

Ms Younane said  as well as providing expert knowledge, specialist domestic abuse services also provide much needed support to survivors.

“Fears over the early release of potentially dangerous perpetrators, and a failing probation system, mean that these services will face additional strain as survivors reach out for help,” she said.

“Decades of chronic underfunding has left many of these services close to their limits and there is an urgent need for the Government to provide the resources needed to ensure that survivors continue to be supported during this challenging time and beyond.

“Women’s Aid welcomes the Government’s manifesto commitment to halve violence against women and girls in the next ten years, but policies like this, which will directly impact women and girls, are a cause for concern.

“For this scheme to avoid dire consequences for women and children, we need to see proper resourcing of probation services so that they have the capacity to carry out thorough risk assessments and adequately monitor those released, alongside cooperation with expert organisations and funding for the specialist domestic abuse services that support survivors.”

Ms Younane said the upcoming Spending Review provides the opportunity for the Government to “renew their commitments towards women and girls”, adding: “We hope to see the appropriate measures taken in this to mitigate the risk that the Early Release Scheme poses to survivors.”

The Association of Police and Crime Commissioners (APCC) agreed that while extending the release of prisoners on standard determinate sentences was a “pragmatic solution to the prison capacity crisis”, it needs a fully resourced and supported probation service.

APCC joint leads on criminal justice, Danielle Stone and Donna Jones, said: “Police and crime commissioners (PCCs) recognise this will be supported by a multi-agency approach to ensure communities are kept safe.

“In the medium and longer term, the commitment to build more prisons should improve the situation, but more immediately we need a fully resourced and supported probation service to manage the increase in offenders serving more of their sentence in the community.

“More probation officers must be recruited as soon as possible.”

They added:  “PCCs will play a leading part in the Probation Task Force and, through the Criminal Justice Boards which PCCs routinely chair in their areas, will coordinate courts and police response to the issue locally.”

The Victims’ Commissioner says it is “regrettable” that some victims have been left unaware of the early release of their offender.

In a statement ahead of the first wave of early release, Baroness Newlove said they are “distressing” for many victims, while also acknowledging that the issue of overcrowded jails has “reached a tipping point, leaving the Government with no easy solutions”.

However, Baroness Newlove emphasised that victim safety “must remain the absolute priority” and she urged that the probation service must be adequately resourced to manage offenders within the community.

The Victims’ Commissioner also cautioned that leaving victims in the dark could undermine their trust in the criminal justice system.

This concern arises amid revelations that victims are only automatically notified of an offender’s release under the Government’s victim contact scheme if it was a violent or sexual crime for which the perpetrator was jailed for 12 months or more.

Baroness Newlove said victims who are not eligible for these notification schemes are not proactively informed about an offender’s release, nor will they be notified if the release is brought forward by the change of policy.

“Clear and timely communication with victims is crucial to building trust and confidence,” she said. “From the beginning, I sought assurances that all impacted victims would be informed of any early release dates, affording them the opportunity to request protective measures.

“I understand this has not been possible in every case, leaving some victims unaware of their offender’s early release. While I recognise the challenges in reaching certain groups of victims, this is regrettable and must be addressed.”

The Domestic Abuse Commissioner said despite some exemptions for domestic abuse related crimes, the scheme doesn’t go far enough to protect victims from their abusers.

Nicole Jacobs said: “There is no justice in allowing perpetrators of domestic abuse to released early.

“I worry that it might not be possible for every victim to be notified of their abuser’s release and I fear they may be left blindsided, without the time to seek vital support and guidance.

“I have made it clear to Government that to safeguard victims, all offenders with a known history of domestic abuse must be exempt from this scheme.

“For many victims, their perpetrator’s imprisonment is a critical period of respite, where they can make plans for their safety and their future.

“Alarmingly, some domestic abuse services report that a shortage of prison places may be leading to more lenient, or fewer custodial sentences.

“That’s why I am calling on the Ministry of Justice to closely monitor sentencing and take swift action if it is needed.

“We must not forget that this early release scheme is only a temporary fix. The prison crisis is far from over, and the Government must deliver a permanent solution that keeps victims’ safety and justice at the front and centre.”