Victims’ Commissioner ‘very troubled’ after incorrect early release of prisoners under SDS40 scheme

Victims’ Commissioner Baroness Newlove said she is “very troubled” after it emerged that earlier this month, 37 offenders serving prison sentences for breaching restraining orders have been released from custody in error.

Sep 26, 2024
By Paul Jacques
Victims’ Commissioner Baroness Newlove

While set to be excluded from the scheme – known as SDS40 – incorrect logging of these offenders in relevant records held on the system, meant they were mistakenly defined as eligible under the scheme and released early as a result, the Victims’ Commissioner said.

“I’m very troubled to learn that 37 offenders were released early from prison in error as part of the early-release scheme introduced to tackle prison overcrowding,” said Baroness Newlove.

“This news will have been distressing for the victims, particularly given that all the offenders were serving prison sentences for breaching restraining orders, indicating that they present a potential risk.

“When this scheme was first announced, I said victim safety must be the first priority – and this remains my position. It is important every step is taken to make sure this error is not repeated. Returning all these offenders to custody must be an overriding priority.

“I will continue to be take a close interest in the operation of this scheme, highlighting the needs of the victims.”

Domestic Abuse Commissioner Nicole Jacobs also said she was “deeply concerned” to hear that prisoners serving sentences for breaching restraining orders were released in error under the SDS40 early prison release scheme.

“Anyone who breaches a restraining order is likely to be a high risk individual who may be fixated on their victim, undeterred by legal restrictions that have been put in place,” she said.

“This kind of error is why I have called on government to exclude all perpetrators of domestic abuse from the SDS40 scheme, regardless of their conviction.

“Probation should not rely on an individual’s index offence to determine risk but use local intelligence to understand if there is a history of abuse and exempt them from early release on that basis.

“I am encouraged that virtually all offenders released early appear to have been recalled, and efforts have been made to rectify the error so it cannot happen again.

“I expect probation to make every effort to contact all victims that may be at risk, and I renew my call on government to exempt all perpetrators with a known history of domestic abuse from the SDS40 scheme.”

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