Yahoo News Which criminals were released under early prison release scheme?
Another 1,100 prisoners are being released early on Tuesday as the government announced a major review of sentencing to stem the overcrowding crisis.
The latest group of releases has been expanded to include those inmates serving sentences of five years or more.
Inmates will be released on licence after spending 40% of their time in jail, instead of the usual 50%.
The government said the policy will not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences.
It follows the release of about 1,700 inmates from prisons in England and Wales on 10 September, and the releases are on top of the 1,000 prisoners who are usually freed each week.
The second part of the scheme comes as the government announced a review of sentencing, chaired by former justice secretary David Gauke, which will explore tougher punishments outside prison and making sure there is enough space to incarcerate the most dangerous offenders.
Prisons are expected to reach critical capacity again by next July, and there are some 89,000 prison spaces in total.
Justice secretary Shabana Mahmood said of the review: “We have to expand the use of punishment outside prison, and I’m very clear that that has to maintain the confidence of the public."
She told BBC Radio 4's Today programme: “People still have to know that you are being punished for breaking the laws of our land, even if you’re not serving time in custody."
The prison population is increasing by 4,500 every year and the government has committed to creating 14,000 additional prison spaces.
Punishments outside prison could involve using wristwatches or apps that “nudge” offenders to ask if they have complied with licence conditions, in addition to sobriety tags or home detention curfews.
Community alternatives and fines instead of prison time will also be examined, as will the impact of short custodial sentences.
Mahmood said mistakes that led to the release in error of 37 prisoners as part of the scheme to ease overcrowding have been “ironed out”.
On Tuesday, one released inmate was reunited with his children outside HMP Swaleside in Kent, while another prisoner was welcomed with an embrace as he was picked up in a black Rolls-Royce by a group of men in matching hoodies.
Outside the prison, released inmate Daniel Dowling-Brooks, a 29-year-old father of two, said he had been in prison for seven years for kidnap and grievous bodily harm, and was leaving seven weeks earlier than planned.
He said the first thing he would do is “go to McDonald's, go to my hostel and follow all the rules”.
Yahoo News UK looks at what kind of offenders are likely to be released.
Which prisoners won't be released?
The government says the early release will not apply to prisoners convicted of sex offences; serious violent offences with a sentence of four years or more; terrorist offences; offences relating to national security and many offences connected to domestic abuse.
These will include stalking offences, controlling or coercive behaviour in an intimate or family relationship, non-fatal strangulation and suffocation.
Will all serious offenders remain behind bars?
However, The Guardian reported that the Ministry of Justice admitted some serious offenders would be eligible for early release.
This could apply if they had completed a sentence for a serious crime but were serving a consecutive sentence for a lesser offence.
Channel 4 reported that some serious sexual offenders and other violent criminals would be released under this criteria.
Which prisoners will be released?
Burglars and shoplifters
Those convicted of burglary and shoplifting are eligible for early release under the new plan.
Shoplifting, an offence under the Theft Act 1968, can carry a maximum sentence of six months in prison if the goods are worth less than £200, according to the Sentencing Council.
Fraudsters
Some of those found guilty of fraud are also likely to be released. Sentences for types of fraud range from a discharge to up to 10 years in custody, so those offenders at the lower end of the scale are eligible for release.
Rioters
Despite prison capacity being severely impacted by the large number of offenders being convicted over the rioting that blighted England in the summer, it has emerged that those involved could be eligible for early release.
Rioters are among those who could end up spending less time in prison as the government confirmed those involved in the recent unrest would not be excluded from the early release scheme.
While there is no specific exclusion for rioters, those convicted of serious violence and serving sentences of four years and over, or a terrorism offence, will be excluded, officials said.
Drug dealers
Those convicted of drug offences are also eligible for early release under the government scheme, according to reports by the BBC and The Telegraph.
Many prisoners who have committed a range of offences will be eligible because the scheme applies to standard determinate sentences, or fixed term sentences, where offenders are given a fixed time in prison and an automatic release date usually halfway through the sentence.
Manslaughter
Those criminals serving prison sentences of less than four years for some violent offences, including manslaughter, can be released, as can some inmates with a history of domestic violence. Murderers are not eligible as they have to serve mandatory life sentences.
What have campaigners said about the scheme?
Charities are unconvinced about the early release plan, saying it will not provide a long-term solution to the prison crisis.
They have also warned that the scheme may pose a threat to women and children's safety and that it would push probation services to breaking point.
Andrea Coomber KC, chief executive of the Howard League for Penal Reform (HLPR), said: “Although the early release scheme will ease some pressure and buy a little time, more action will be needed to achieve a lasting solution. The situation in prisons and probation requires a complete reset.”
Pia Sinha, chief executive of the Prison Reform Trust (PRT), said: “We cannot continue to warehouse people in these conditions and expect that things will be better when they’re released.”
Meanwhile, the CEO of Prison Advice and Care Trust (Pact) – which offers support for prisoners at all stages of the justice system – has warned that if released prisoners are not offered enough support, they may “slip through the net”. Andy Keen-Downs said those prisoners could re-offend unless they are offered “guidance” and “support” in the first three to six months after their release.
He said: “I think the challenge will be that people don’t just need a bed. They need mentoring... The vast majority of those people who re-offend do so within the first three to six months after release. If they can survive the first three to six months without offending, the chances are that they are going to live a good life.
“But my guess is that some of them may slip through the net. We have seen people being given tents because they’ve got nowhere. We’ve supported people who are rough sleeping after prison.”
