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Prison recall shake-up will free some domestic abusers, ministers admit Starmer defends prison recall shake-up that will free some domestic abusers
(about 7 hours later)
Source says ‘many but not all’ abusers and sexual offenders will be excluded from measure in England and Wales Campaigners for victims criticise plan to free up prison space but prime minister says he has ‘no choice’
Ministers have admitted that some domestic abusers and sexual abusers will be released under new plans to free up spaces in prisons in England and Wales, despite a denial from another government minister. Keir Starmer has defended plans that will release some domestic abusers on recall earlier in order to ease jail overcrowding in England and Wales as ministers faced a backlash over concerns for public safety.
Under emergency measures announced by the justice secretary, Shabana Mahmood, some criminals serving sentences of between one and four years who breach their licence conditions will be returned to custody for only a fixed 28-day period.Under emergency measures announced by the justice secretary, Shabana Mahmood, some criminals serving sentences of between one and four years who breach their licence conditions will be returned to custody for only a fixed 28-day period.
The proposals have been condemned by two government-appointed tsars who represent victims, who claim sexual and domestic abusers will be freed to terrorise victims again. Offenders are recalled to prison if they commit another offence or, having been released early on licence, breach their conditions, such as missing probation appointments.
On Thursday, Emma Reynolds, the Treasury minister, contradicted the government watchdogs, telling Times Radio: “No, it won’t apply to sexual offenders and domestic abusers. It won’t apply to the most dangerous criminals.” A government source admitted that “many but not all domestic abusers” would be released under the scheme.
Pressed by the broadcasters on whether the early release would apply to this cohort if they were serving a sentence of one to four years, Reynolds said: “Well, look, we need to ensure that we have a prison system that works. So I would reassure the victims commissioner and others that it would be unacceptable if people carried out domestic …” Starmer told reporters while on a visit to Albania on Thursday: “I do not want to be in the position where we have this [scheme]. I have no choice, literally no choice, because of the position the last government put us in.
A government source appeared to contradict Reynolds, saying “many but not all domestic abusers” would be excluded from the emergency measures. “But at the same time we’ve put in place the biggest prison-building programme since Victorian times.”
“The recall measure excludes all offenders serving sentences over four years. It includes further exclusions for those who are considered higher risk who are managed in the community by multiple agencies. This includes many sexual offenders and domestic abusers. So many but not all are excluded. It depends on the risk they pose,” the source said. The victims commissioner, Helen Newlove, wrote to the justice secretary on Thursday to say she was “struggling to understand” why this group of recalled offenders had been the focus of early release, and pressed to find out what safeguards would be in place for victims.
“We are re-releasing a group of offenders assessed as high risk and with a track record of poor compliance,” she wrote. “These high-maintenance offenders are all being re-released at a time when the Probation Service is already struggling to cope with the huge demands being placed upon it.”
Nicole Jacobs, the domestic abuse commissioner, 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.”
The proposals have been condemned by the abuse survivors’ charity Refuge. “This will likely cause significant worry among survivors, and it is particularly alarming that these measures were introduced without consulting the domestic abuse commissioner or the violence against women and girls sector, and without publishing an impact assessment,” said Ellie Butt, the charity’s head of policy.
A government source said: “The recall measure excludes all offenders serving sentences over four years. It includes further exclusions for those who are considered higher risk who are managed in the community by multiple agencies. This includes many sexual offenders and domestic abusers. So, many, but not all, are excluded. It depends on the risk they pose,” the source said.
The government has not yet said how many domestic or sexual abusers will be released under the scheme.The government has not yet said how many domestic or sexual abusers will be released under the scheme.
On Wednesday, Nicole Jacobs, the domestic abuse commissioner for England and Wales, said lives were being put in danger because of the 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. Perpetrators of domestic abuse know everything about their victim … Re-releasing them back into the community after 28 days is simply unacceptable,” she said.
“What makes this worse is that ministers cannot safely exempt all perpetrators of domestic abuse from this proposal, because they do not know how many domestic abusers are serving time in prison or currently being monitored by probation.”
The victims’ commissioner for England and Wales, Helen Newlove, said she would be writing to Mahmood to express her concern that the “short-term, stopgap” measures were corroding confidence in justice.
“I find it difficult to understand why this specific group of offenders has been targeted for early release and I am concerned about the implications for victim safety,” Lady Newlove said.
Offenders are recalled to prison if they commit another offence or breach licence conditions, such as by missing probation appointments, when they are released early but remain on licence.
Robert Jenrick, the shadow justice secretary, was granted an urgent question in the Commons on the change. He said the decision was “wildly unpopular” and “risks the safety of the public”.Robert Jenrick, the shadow justice secretary, was granted an urgent question in the Commons on the change. He said the decision was “wildly unpopular” and “risks the safety of the public”.
He said: “[Mahmood] has refused to take the judiciary up on their offer of extra sitting court days. Instead she has decided to let out early criminals who reoffend or breach their licence. There is no punishment or deterrent for criminals who immediately reoffend or cheat the system.”He said: “[Mahmood] has refused to take the judiciary up on their offer of extra sitting court days. Instead she has decided to let out early criminals who reoffend or breach their licence. There is no punishment or deterrent for criminals who immediately reoffend or cheat the system.”
Gavin Williamson, the Tory former defence secretary, asked ministers to disclose the number of domestic abuse offenders who would be eligible for the scheme.Gavin Williamson, the Tory former defence secretary, asked ministers to disclose the number of domestic abuse offenders who would be eligible for the scheme.
Nic Dakin, the justice minister, replied: “I hear his question and I will write to him.”Nic Dakin, the justice minister, replied: “I hear his question and I will write to him.”
Dakin said anyone serving more than four years in prison would be excluded from the changes to prison recall, as would those guilty of terror or national security offences, and criminals with a higher level of risk management, which includes some sexual and violent offenders, including domestic abusers. Dakin said others who would be excluded from the scheme included those guilty of terrorist or national security offences, and criminals with a higher level of risk management, which included some sexual and violent offenders, including domestic abusers.
Andy Slaughter, the Labour chair of the justice select committee, said the crisis was the responsibility of the previous government and called for a review of the number of prisoners on recall in the prison population.Andy Slaughter, the Labour chair of the justice select committee, said the crisis was the responsibility of the previous government and called for a review of the number of prisoners on recall in the prison population.
“We have to look at the way that recall has developed. There were 100 cases over 30 years ago, to over 13,000 today – it is over 15% of the prison population,” he said.“We have to look at the way that recall has developed. There were 100 cases over 30 years ago, to over 13,000 today – it is over 15% of the prison population,” he said.