Prison overcrowding has been a major focus in recent times. However, much of the publicity has concentrated on the effect on the general public with ‘criminals being let off early’.
However, for those in prison the most pressing question is often, ‘So when can I get out?’. Unfortunately, the answer is becoming increasingly complicated. There are now various policies now influencing whether someone might be released automatically or earlier than expected. This it has lead to confusion and anxiety for those involved.
Prison overcrowding and prisoner early release – what has changed
The old system, where sentences typically required parole board approval or had a standard release point, is no longer the norm. Section 132 of the Police Crime, Sentencing, and Courts Act 2022 granted the Secretary of State for Justice the authority to keep prisoners serving standard determinate sentences beyond their conditional release date if there are reasonable grounds to believe they pose a significant risk to the public.
The recent change (known as SDS40) now allows for automatic release in some cases at the 40% mark, instead of the usual halfway point. So for someone serving a 3 year sentence who would have potentially been up for early release after 18 months, this has now reduced to 15 months.
Who is eligible for early release from prison
These rules apply to all types of offences unless they are one of 56 explicitly excluded crimes. Excluded offences include:
- Sexual offences
- Domestic abuse offences, including stalking, coercive control, and violating non-molestation orders
- National security offences
- Violent crimes carrying sentences of four years or more
- Detention and Training Orders
- Civil sentences
The SDS40 rules are being implemented in two stages. As of September 10, 2024, they will apply to those serving relevant sentences of less than four years. From October 22, 2024, they will apply to those serving relevant sentences of four years or more.
These rules are not permanent and will be reviewed in 18 months. So, someone at the start of a lengthy sentence may find that these provisions no longer apply when their release date approaches.
Can prisoners request early release?
It’s important to note that the roll out of the SDS40 rules is instigated by the Ministry of Justice. It is not something that can clarified or speeded up through litigation. It is anticipated that prisoners will receive notification from the prison authorities directly.
As with all prison releases, individuals will be on license and subject to recall. The recall rules remain unchanged for those released before SDS40’s implementation.
Early release of prisoners is only part of the solution
These early release provisions are only part of the solution and just a temporary measure. The reality is that the prisons are too full with people where there is little public interest or benefit for them being there. Prison sentences should be reserved for where it is most warranted and there needs to be a more effective and robust forms of community penalties (non – custodial sentences). We need to offer rehabilitation for offenders to get to the core of their problems and help divert them away from committing crime and thus benefitting the community as a whole.
