'Justice system is letting us down': Man who violently shook baby set for early release

Every time her son has a seizure, Ellie (not her real name) is forced to recall the man who shook her tiny baby so violently he was left with life-changing injuries.

Her little boy was born healthy but when he was attacked, just weeks old, his life completely changed.

His mobility, vision, and ability to eat have all been seriously affected. Daily seizures are now normal. The injuries, she said, are a life sentence for her son.

That's why it was so painful for Ellie to hear that the man who attacked her child is set to be released early from jail as part of a measure to free up space in overcrowded jails.

"Just walk a day in my shoes, and then tell me that your policy applies to us," said Ellie, through tears.

"We're completely heartbroken," she said. "I feel like we fought for justice. And now the justice system is letting us down, letting my little boy down."

The measure allows eligible offenders to be released after serving 40% of their sentence. Previously people would have been released after serving 50%.

On Tuesday, the next round of people will be released. It is only for those serving standard determinate sentences, the most common type of custodial term. There are certain exclusions in places - such as for sexual offences.

But it's a decision that's worrying victims of crime who have told Sky News they fear there are gaps and loopholes in the early release legislation which have not been properly accounted for.

Elizabeth Hudson is a victim of domestic abuse. Her ex-husband assaulted her and held a knife to her throat. While on bail he attacked another woman and was sentenced to just over six years.

Prisoners convicted of domestic abuse offences, such as coercive control, stalking and harassment, are exempt from this policy.

But her ex was charged with assault occasioning actual bodily harm and threats to kill. They are not crimes specific to domestic abuse. So he's eligible.

Elizabeth has written to Justice Secretary Shabana Mahmood calling for change and has shared the letter with Sky News.

"Despite government assurances, domestic abuse survivors are being let down," she wrote.

"Your department and other ministers have reassured the public that domestic abusers would not be allowed out early-this is clearly not the case."

Finding out her ex was set to be released early was like "being punched in the stomach", said Elizabeth.

"After years and years of trauma, I worked so hard to get to a stronger place," she said. "And this has just come as a bolt from the blue and kind of pushed me right back to where I don't want to be."

The victims' commissioner, Baroness Newlove, has warned of fears for further victims because of the way that the policy is calculated. "I think there are gaps," she said.

"Nothing's 100% risk-free. Myself and the domestic abuse commissioner are concerned about the level of violence that, hidden under assault charges, could escalate once again. Hopefully nobody else will get hurt."

In a statement, a Ministry of Justice spokesperson said the new government "inherited a prison system on the point of collapse" and "has been forced to introduce an early release programme to stop a crisis that would have overwhelmed the criminal justice system".

They added: "The Lord Chancellor announced in July that she was scrapping the previous government's early release scheme, replacing it with a system which excludes several domestic abuse-related offences."