10 Dec 2024
Question
Early Release Scheme

Analysis

Structure and Main Content

  • Main Focus: Early Release Scheme (SDS40)
    • Highlighting its role as an emergency measure due to existing strains on the criminal justice system.
    • Addressing public safety and administrative challenges.
  • Keywords: Early release, emergency measure, prison places, sentencing, public safety, SDS40, Domestic Abuse (Aggravated Offences) Bill.

Policy Terms and Legislative Names

  • SDS40 (Standard Determinate Sentences early release scheme): Emergency measure for criminal justice system relief.
  • Measures Referenced: Building 14,000 new prison places, independent review of sentencing.
  • Proposed Legislation: Domestic Abuse (Aggravated Offences) Bill.

Named Entities

  • Speakers:
    • Sir Edward Leigh: Concerned about future implications and public safety.
    • Shabana Mahmood: Defends SDS40 scheme as a necessity and references existing legislative protections.
    • Josh Babarinde: Critiques the scheme's lack of exclusion for certain offenders and proposes new legislation.
    • Sir Lindsay Hoyle: Facilitates the debate.

Numerical Data and Statistics

  • Prison Capacity: Mention of dwindling prison places, less than 100 available.

References to Acts, Amendments, and Procedures

  • No specific Acts referenced, but emphasis on impending review and legislative changes.

Related Parliamentary Business

  • Independent Review of Sentencing: A strategic review aiming to refine policy.

Political Positions and Policy Stances

  • Conservative: Focus on public safety and assurances about screening processes.
  • Labour: Recognizes past challenges and justifies current measures while suggesting improvements.
  • Liberal Democrats: Advocate for legislative inclusivity on domestic abuse offenses.

Department Names and Governmental Bodies

  • Ministry of Justice: Implied by discussion and response actions.

Key Dates and Timeframes

  • No specific dates provided, but immediate and long-term policy suggestions alluded to.

Key Contributions

Original Transcript
Sir Edward Leigh
Gainsborough
Con
Question
UIN: 901735

14. What recent assessment she has made of the effectiveness of the early release scheme.

The Lord Chancellor and Secretary of State for Justice
Shabana Mahmood

SDS40—the standard determinate sentences early release scheme—was an emergency measure that we had to take to avert the complete collapse of the criminal justice system following the shocking inheritance left to us by the previous Government.

The emergency measure is not, of course, the solution to the crisis that we inherited. That is why we will build the 14,000 prison places that we need, and have launched the independent review of sentencing.

Sir Edward Leigh

What concerns me is not the past but the future and how to protect the public. Will the Secretary of State assure me that the screening process is sufficiently robust to ensure that violent and dangerous criminals are not released into the community?

Shabana Mahmood

I gently say to the right hon. Gentleman that the past is relevant in so far as it sets the context for the crisis that we have inherited, which needs resolving.

Given that we all but ran out of prison places—numbers had fallen to fewer than 100 in the summer—it is important that we recognise that the prison system is and has been on the point of collapse. That is why we had to take emergency measures.

We have made exclusions to the SDS40 scheme that should take account of his concerns. It is of course important that offenders are monitored and supervised effectively when they are not in prison, and that is what we are trying to do now.

Tech can play a bigger role there, and I have asked the independent review into sentencing to look into that.

Mr Speaker

I call the Liberal Democrat spokesperson.

Josh Babarinde
Eastbourne
LD

There are no specific domestic abuse offences in law, so abusers hiding behind convictions such as actual bodily harm are being let out early under the SDS40 early release scheme.

That is not right, so I have introduced the Domestic Abuse (Aggravated Offences) Bill to create a specific set of domestic abuse aggravated offences—a bit like racially aggravated offences—that could be excluded from early release schemes.

Women’s Aid is backing my Bill; will the Secretary of State back it, too?

Shabana Mahmood

The hon. Gentleman is right to note that, under current legislation, it is possible to exclude only offences, rather than classes of offender. I am sure that his Bill will gain some interest across the House.

If any such changes were to be made, they would be for the future, as they do not help us with the current crisis. I will ensure to discuss the details of his Bill with the Home Secretary.

Josh Babarinde

I thank the Secretary of State for that answer—I hope to have the chance to meet her to discuss it in more detail. The Liberal Democrats are deeply concerned about survivors who have been told that, as it stands, their abuser is set to be released early.

One such survivor is Elizabeth Hudson, who I met on the set of “Good Morning Britain” today when launching this campaign. She has written to Ministers about her concerns, but says that she has not received a response.

Will the Secretary of State meet Elizabeth and me to discuss her case and how survivors can be respected and protected?

Shabana Mahmood

I believe that all who have written have received a response from the Ministry, but I will chase down that specific case.

The way we implemented the policy meant that we were able to give the Probation Service time to prepare which was not available to it under the previous Tory Government’s end of custody supervised licence scheme.

That means that all victims who were supposed to be notified under the victim contact scheme have been notified.

All content derived from official parliamentary records