Commons approves plans to release prisoners early

The House of Commons recently approved changes to the automatic release point for standard determinate sentences in England and Wales.

The changes which are implemented through the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, aims to adjust the release point for certain types of sentences to help alleviate prison overcrowding concerns.

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The parliamentary vote on approving the order concluded on July 25th with 323 votes in favor and 81 against. Local Member of Parliament for Labour Montgomeryshire & Glyndwr, Steve Witherden, supported the plans.

What are the changes?

The order specifically targets Standard Determinate Sentences (SDS) which are commonly issued by courts for various offences. Under the new order, the automatic release point for certain SDS would be lowered from 50% to 40%. This modification means that offenders would spend a lesser portion of their sentence behind bars and more time on supervised release in the community.

Notably, certain serious offences such as violent crimes with a sentence of four years or more, sexual offences, domestic violence-related offences, and national security crimes will be excluded from this change. The exclusion aims to ensure that individuals convicted of the most severe crimes do not benefit from early release.

The government estimates that implementing this order could lead to a reduction of the prison population by approximately 4,900 to 6,200 places, thus easing the strain on the current prison system.

Background

The initiative to revise sentencing laws comes in response to the projected increase in the prison population exceeding the available capacity in England and Wales. The number of individuals incarcerated in prisons in these regions has been gradually rising over the years, with recent statistics indicating a resurgence in prison admissions.

Efforts to address the challenges related to prison overcrowding have been ongoing, including the government's plans to create additional prison spaces and the implementation of early release schemes for certain offenders. The proposed change in the automatic release point represents another step in managing the growing prison population.

The next stage involves the House of Lords reviewing and potentially approving the draft order on July 29th, 2024.

If approved, the Order is expected to take effect in September.