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Sex offenders and domestic abusers who breach their licence conditions could be re-released after less than a month under emergency measures to fix the UK’s prisons crisis.
Justice secretary Shabana Mahmood unveiled plans on Wednesday to free criminals recalled to custody after 28 days to prevent overflowing prisons — which are currently 99 per cent full — reaching “zero capacity” by November.
The fixed term recall measures, which will free up 1400 cells, will apply to those serving sentences of between one and four years, which could include some registered sex offenders and domestic abusers.
However violent criminals, terrorists and sex offenders who are not subject to notification requirements will be excluded from the new scheme, as well as those who have been recalled for a serious further offence.
The exclusions will focus on offenders managed under Multi-Agency Public Protection Arrangements (Mappa) at Level 2 or 3, in which criminals are subject to enhanced risk management with police, prisons and probation services.
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The plans were criticised by victims commissioner Baroness Newlove and domestic abuse commissioner Dame Nicole Jacobs, who said lives would be in danger as a result of the decision.
Baroness Newlove said: “Victims will understandably feel unnerved and bewildered by today’s announcement.
“If the Probation Service, the secretary of state and the Parole Board have all judged these individuals to pose a risk of harm to the public, then reducing time served on recall can only place victims and the wider public at an unnecessary risk of harm.”
Dame Nicole called for the proposal to be scrapped, saying: “I cannot stress (enough) the lack of consideration for victims’ safety and how many lives are being put in danger because of this proposed change.
“You are not sent to prison for four years if you do not pose significant risk to your victim or the wider public. Re-releasing them back into the community after 28 days is simply unacceptable.”
Shadow justice secretary Robert Jenrick accused the government of removing an “important deterrent”, adding that a fixed-term recall of 28 days is “pitiful”.
Despite already releasing thousands of inmates after serving just 40 per cent of their sentence to ease overcrowding, Ms Mahmood said the additional measures are needed to prevent the “total breakdown of law and order”. If they run out of prison cells police would be forced to stop making arrests and trials would be halted, she warned.
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The prison population in England and Wales stands at 88,087, leaving the prison service just five months away from running out of space entirely.
Those in jail on recall has more than doubled since 2018 to 13,600. Over half have been recalled for non-compliance with licence conditions, such as failure to keep in touch with probation and failure to reside in approved premises. Around 20 per cent are recalled for a further offence.
Ms Mahmood also announced the Ministry of Justice had received treasury funding of £4.7bn for three new prisons as part of a “record prison expansion”.
However, she admitted we “cannot build our way out of this crisis”, adding the prison population is increasing by 3,000 each year – the equivalent of two entire prisons.
It is hoped the new measures will help buy the government time until reforms from a sentencing review, being led by former justice secretary David Gauke, bed in by next Spring.
He is expected to recommend major changes to ease overcrowding in the long-term, including shorter sentences, early parole for good behaviour and tougher punishments outside of prison.
