Parliament has approved an emergency draft Statutory Instrument: The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024. The practical effect of this legislation is to authorise earlier release for most prisoners after they have served 40% of their sentence, instead of the current 50%.
The purpose of this policy change is to free up capacity within prisons. In the House of Commons debate on 29 July, Lord Timpson, Minister of State for Prisons, Probation and Reducing Reoffending, stated that we are “currently within a few hundred places of prison collapse”. Having explored all other options, immediate action is required. If this action was not taken, the criminal justice system would no longer be able to function.
Under the Statutory Instrument, the automatic release point for most standard determinate sentences will be reduced to 40%. As an example, a person sentenced to 2 years custody would be eligible for automatic release after just over 9 months imprisonment.
What led us to this point?
Several factors have been identified. In recent years, the direction of travel has been to increase the proportion of custodial sentences that offenders must serve in custody, for many offences increasing from 50% to two thirds. Furthermore, the current backlog of trials has led to more prisoners serving time on remand.
The measure is part of the government’s 10-year capacity strategy which includes the reinforcement of the probation service in a drive to reduce reoffending. The policy will be reviewed within 18 months and no later than March 2026 when it is anticipated that the automatic release point will revert to 50% once capacity has stabilised.
The exceptions.
The reforms exclude a large number of offences, including extended determinate sentences for offenders of particular concern, and offences where release is currently at the two thirds stage. Also excluded on policy grounds are those serving sentences for sexual offences, domestic abuse including stalking, serious driving offences (eg causing death by dangerous driving) and offences concerning national security.
When do the changes begin?
The changes come into effect on 10 September 2024 for those serving a sentence of less than five years and a commencement date of 22 October 2024 for those serving a sentence of 5 years or more. Offenders who are in custody at the point of commencement serving a sentence which is eligible for the change in automatic release point will have their release date recalculated and around 5,500 prisoners will be instantly released. In between now and September, extensive release planning is to take place for the Probation Service to work with offenders to prepare their release.
Should we be concerned?
The reforms are likely to provoke widespread public criticism, raising serious concerns regarding the effectiveness of the criminal justice system and its ability to uphold public safety. Victims of crime may feel demoralized and disillusioned upon learning that an offender sentenced to two years imprisonment will only spend nine and a half months behind bars. This unsettling reality diminishes the sense of justice that victims seek and may leave them feeling further victimized. Furthermore, while the addition of a few thousand prison places may appear to address overcrowding, it is unlikely to remedy the existing incoherent sentencing framework, which remains a critical issue.
Ultimately, these reforms risk being viewed as a mere temporary solution, a “sticking plaster" over a much broader problem that requires comprehensive and thoughtful reform to truly enhance community safety, reduce offending and support victims.
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