Early Release of Prisoners

Jake Richards Excerpts

Tuesday 7th July 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

I thank the shadow Justice Secretary for his opening remarks. This is a profoundly serious matter for all Members in this place, victims across the country—including those here in the Gallery—and indeed all members the public.

Confidence in our law and order system must be maintained. We must all, therefore, recognise that we as a country face a challenge: to ensure public safety and protect victims while maintaining a functioning prison estate. I have no doubt that this is a priority for us all.

To begin, it is imperative to recognise the genesis of the Sentencing Act 2026, its implementation and provisions and, ultimately, why we are debating these issues. On 5 July 2024, the Home Secretary, in her first day in office as the then Justice Secretary, was presented immediately with a criminal justice system in crisis. There were fewer than 100 places left in the adult male estate. A day one decision for her was the nature and scope of an emergency release scheme, not whether there should be one. We all remember the chaotic scenes that we saw in the weeks afterwards. There were similar scenes when such last-minute release schemes were implemented by the last Government: judges were told not to jail the most serious offenders due to a lack of prison places and criminals walked away, with a lack of time to provide the most robust community measures.

The Conservative party released more than 10,000 prisoners early for a series of emergency measures taken to manage the capacity crisis they created. Those schemes were introduced at short notice, without the long-term reforms necessary to put the system on a sustainable footing, but there was no option but to act to prevent a collapse of the criminal justice system, which would have seen sex offenders and others able to act with impunity.

A prison capacity crisis is not just a problem for our prisons; it means the unravelling of the criminal justice system completely, with courts unable to hear cases, police unable to make arrests and a grinding halt to law and order in our country. Therefore, in the aftermath, the Government rightly wanted to ensure that would never happen again. The Home Secretary—then the Justice Secretary—commissioned the right hon. Sir David Gauke to undertake an urgent review of how we sentence offenders. On its conclusion, Gauke found that under the previous Administration action was taken only when the criminal justice system was within three days away of collapse.

We recognised then that a two-pronged approach was required. One part was to build more prisons, backed by capital investment. That is how we have been able to embark on the biggest prison building programme since the Victorian era, with 14,000 new prison places by 2031. Two years into this Government, 3,200 places have already been delivered—contrast that with just 500 extra places over 14 years under the Conservative party.

In the 14 years of Conservative government, 23 prisons were closed. We would not be having this debate if those decisions had not been taken.

[Sir John Hayes]

The hon. Gentleman is right: prisons were closed that, in my view, might have been kept open. Has he looked at those prisons to see if any of them could be brought back quickly into use? Clearly that would be much faster than building new prisons. Has he looked to other secure facilities that might be used as prisons? During covid, the Government acted quickly, passed laws and put Nightingale hospitals in place. Why can we not have emergency prison places rather than letting these dangerous people on to our streets to do more harm?

[Jake Richards]

I appreciate the right hon. Gentleman’s intervention. He has been consistent on this, although we do not agree on everything when it comes to criminal justice matters. The Government have looked at all options, including whether we can reopen those prisons closed by the last Conservative Government. I was struck by the shadow Justice Secretary’s welcoming of the suggestion that there should be new planning reforms around how we build prisons, because every time we try to build a new prison in a Conservative MP’s constituency, the Conservatives oppose it. It has happened time and again, with one thing being said at the Dispatch Box and their MPs arguing something completely different in their local media.

[Sir Roger Gale]

There are people in the Gallery and in the public out there who want to know that dangerous criminals will not be released at the start of September. That is what they want to hear; we do not want to hear the history. We want an answer from the Minister. He heard the offer from the shadow Secretary of State in reply to my question. We are prepared to back the necessary legislation before the recess to put a stop to this. Is he prepared to take that offer—yes or no?

[Jake Richards]

What we will not do is put our head in the sand, which would lead to another prison capacity crisis, which would lead to another urgent, chaotic early release scheme as we saw under the last Conservative Government time and again. I cannot look victims in the eye and tell them that is good for them or for the country, and I will not do so. That is why, when the Home Secretary was Justice Secretary—

[Nick Timothy]

Will the Minister give way?

[Jake Richards]

Let me make some progress first.

The Home Secretary recognised that alongside prison building, there would be a need to reform sentencing, and for that be done above party politics. That is the principal reason why she asked Sir David Gauke, a former Conservative Justice Secretary, to undertake an independent sentencing review.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

A great man!

[Jake Richards]

Some Opposition Members still think he is a great man. I do not think that is a universal view on the Opposition Benches.

Following publication of the review, the Sentencing Bill began its passage through Parliament and received Royal Assent on 22 January this year. It was explained during its passage that many of its provisions would come into effect only in the autumn of this year. Any Government would continue to assess how best to achieve sustainability in our prison system, while ensuring public safety and confidence. Every decision that this Labour Government have taken has been based on keeping the public safe, protecting our criminal justice system and delivering justice for victims. That will continue to guide all future decisions, under this Prime Minister and the next Prime Minister.

[Mark Garnier (Wyre Forest) (Con)]

Can the Minister not understand that people out there, such as my constituent Leanne Vaughan—her daughter was killed by a hooligan driver, and she had to wait 28 months before he was sentenced to 66 months in prison, but then was released after 21 months—do not believe what he is saying? It is appalling. People are heartbroken by their losses, and this Government are not meeting their expectations or ours.

[Jake Richards]

I understand. I meet victims all the time in my role at the Ministry of Justice. Before being elected to Parliament, I represented many victims of child sexual abuse every day in courts up and down the country. I understand the issues that victims such as his constituent face. I impress on the hon. Member that the Sentencing Act and the provisions that we are debating today have not yet come into effect. I am happy to speak with him outside the Chamber about that individual case, but I just put that in the context of the Sentencing Act and the provisions implemented by this Government.

I will deal briefly with the specific cohort of offenders cited in the motion. The grooming gang scandals remain one of the gravest betrayals of our time. We are determined to get to the truth behind years of systemic failure on the issue. I am sure that the whole House joins me in paying tribute to the victims and survivors who have so bravely spoken out about their ordeal. As I have said, before entering Parliament I spent the best part of my career representing just some of them. I know personally just how difficult it is for them to speak out.

[Esther McVey (Tatton) (Con)]

I took part in Rupert Lowe’s independent rape gang inquiry—

--- Later in debate ---

[Esther McVey]

I took part in the independent rape gang inquiry, meeting victims who had waited such a long time for justice and to see their abusers put behind bars. What does the Minister have to say to those victims who received a letter to say that their perpetrators are back on the streets? Is that a mistake and it will not happen? Ministers had said that those who have committed the most serious and heinous of crimes would not be on the streets. Can he take this opportunity to say that those letters were a mistake?

[Jake Richards]

I am not sure which letters the right hon. Member is referring to, because none of the letters sent out by the Ministry of Justice has referred to people already being released. I understand the concerns that she raises. We take our engagement with victims incredibly seriously. The purpose of the letter is not merely for communication; it is also so that victims can have a say in licence conditions when offenders are released. Offenders are released as things stand. The Sentencing Act 2026 changes that for certain offenders, and there is a process in place by which probation ensures that the community is kept safe with robust licence measures. That will continue.

We have improved the Probation Service’s powers. We are putting £700 million into the Probation Service, which is the biggest investment for a generation. I understand the right hon. Member’s concerns—I really do—but I gently suggest to her that criminals have been released from prison for a long time. There are measures in place, and we need to ensure that they are as robust as they can be.

[Jess Brown-Fuller (Chichester) (LD)]

Everybody would appreciate some clarity that when we are talking about the letters, those are specifically the letters informing victims that the Sentencing Act 2026 will affect when their perpetrators will be released. The issue that has been raised by many victims is that these are blanket letters; they are not personalised. They do not say which perpetrator. In the letter, it says that “some” will be managed in the community. These victims have been so failed by our justice system at every step that when they receive such a letter, they assume that it means their perpetrator will not be managed in the community. Can the Minister please reflect on the impersonal letter that is sent, sometimes by email, to inform victims that what they thought was true is no longer true, and that their perpetrator may be out sooner than they had expected?

[Jake Richards]

Absolutely. The hon. Lady’s call for us all to reflect on that will be taken up. I know that the Justice Secretary and the Victims Minister, my hon. Friend the Member for Derby North (Catherine Atkinson), who is sitting next to me, will have heard that. There will be further correspondence; it was not a blanket correspondence by any means. The Government and the Probation Service want to engage with victims as much as possible to ensure that their voices are heard every step of the way. I am grateful for the intervention.

[Nick Timothy]

We have brought this motion to the House. The Labour party has accepted that motion—it will not contest it and the House will not divide. Having accepted what we have put in the motion, will the Minister tell us what the plan is to ensure that rapists and sex offenders will not be released, starting from September? Will the Government bring forward emergency legislation before the summer recess? Will they bring forward new commencement regulations—yes or no? The Minister has our commitment of support if he does that. If he is not in a position to say so, because it is up to the right hon. Member for Makerfield (Andy Burnham) and he does not yet know, the Minister can just say that.

[Jake Richards]

As happened on numerous occasions under Boris Johnson and Theresa May, in Opposition day debates the Government are quite within their rights not to divide on an issue—an Opposition day is an Opposition day.

This Government are dealing with the prison capacity crisis that we inherited. We are facing a situation where, if the Sentencing Act measures are not implemented, in October or November of this year we will be back where we were in July 2024. The Sentencing Act received Royal Assent in January and some of its measures are being implemented from September onwards. The Government will always balance making sure that we have a sustainable prison system and never going back to the crisis that we saw under the Conservatives with public safety and confidence in the system. That will continue under this Prime Minister and under the next Labour Prime Minister.

[Sir John Hayes]

I am grateful to the Minister for giving way a second time—he is very generous—and for his kind remarks about my consistency. He also mentioned our differences, and I will explore those in greater detail in due course, with your indulgence, Madam Deputy Speaker. I wonder whether I can be helpful to the Minister. This matter seems to go well beyond party politics, because we have a crisis in prison numbers and this is an occasion on which we might find common cause and seek a way forward. Indeed, that offer has generously been made by those on the Opposition Front Bench, so perhaps the Minister, who I suspect is a rather decent man at heart, should take up that offer in the spirit in which it has been made, and see whether we can sort this out in a way that protects all our constituents from harm.

[Jake Richards]

I appreciate the right hon. Gentleman’s kind words, personally, but I gently say that the Opposition party has no plan for how to deal with the prison crisis that its amendment would have brought about later this year—there is no plan; there is no suggestion; there is no idea of where they would put the criminals we are locking up every day. By the end of this Parliament there will be more criminals behind bars than ever before under a Labour Government. We are building more prisons than since the Victorian era. There is no plan from the Opposition. It is very easy and straightforward to bemoan the changes in the Sentencing Act, which received Royal Assent in January, but the Opposition have to come Parliament with a credible plan for capacity.

[Sir Roger Gale]

Will the Minister give way?

[Jake Richards]

I will not give way another time.

Once prisoners are released, offenders will be subject to strict licence conditions. We are adding tougher restrictions as part of the Probation Service’s toolkit for managing offenders when they leave prison. That includes restriction zones, which can be used for the most serious sexual and violent offenders, pinning the offender to certain areas rather than restricting the movements of victims.

We are ramping up tagging to monitor offenders in the community, with thousands more subject to 24/7 monitoring and curfews. We are already tagging at record levels, and we will invest a further £100 million to expand our ability to monitor even more offenders. That is the biggest expansion of tagging in history. Also, while on licence, offenders can be recalled immediately if they cannot be safely managed in the community.

To carry out all that additional supervision, we need a Probation Service that is fighting fit. That is why we are increasing probation—

[Paula Barker (Liverpool Wavertree) (Lab)]

I understand what the Minister is saying about the looming prison crisis, but I just wonder whether he can explain to us how releasing dangerous sexual predators and grooming gang members fits with our manifesto commitment to halve violence against women and girls?

[Jake Richards]

I understand my hon. Friend’s intervention. Let us be clear that many of the offenders we are talking about have been released previously and would continue being released but for the Sentencing Act. This is about what measures we put in the community to ensure that the community is safe, and that is why we are investing more than ever before in our Probation Service and why we have recruited a further 1,300 probation officers this year. We are refocusing supervision to devote more time to dangerous offenders so that we can better protect the public. This is ultimately the choice: either strict licence conditions in the community for those who have already served time in prison under the changes; or, simply put, the collapse of the system altogether, leaving sex offenders and others to act with impunity.

I understand how distressing it can be for victims when an offender in their case is released. That is why we are taking steps, as I have already touched upon, to contact those eligible for and opted into the victim contact scheme to let them know how these changes will affect them, but I recognise that this will not cover all victims affected. That is why, through the Victims and Courts Act 2026, we will for the first time provide a new dedicated route for all victims to request information about an offender. We must ensure that we get this right, which is why it is taking some time to implement carefully, but this is proper engagement with victims rather than the chaotic botched emergency release schemes that we had under the previous Government.

[Sir Julian Lewis]

I have a fairly simple question. Does the Minister have a clear idea of what categories he regards as constituting dangerous offenders, and if he does, what percentage of the prison population is made up of these people? If it is something like 10%, 15% or 25%, that still means that there are 75% or more of other categories of prisoners who could and should be released before those in that dangerous category are even considered.

--- Later in debate ---

[Jake Richards]

Sentencing judges always consider dangerousness and risk to the public, as probation officers do. Every offender has a level of dangerousness, which is risk-assessed by probation as and when they leave prison. That has happened for the last 50 years and will continue to happen under the new Sentencing Act.

I want to end again by reflecting on the horrific grooming gangs scandal, which lays heavily on our national conscience, and the women and girls, often young girls, who were systematically raped and exploited and then disbelieved by those who should have protected them. Those who prey on children must face the full force of the law, but in order to do that, we need a prison system with enough space. The previous Government left prisons on the verge of collapse. We prevented the disaster of running out of places altogether, and the breakdown of law and order it could have caused, but only just. Now we are ensuring that we never again return to that position, building prisons at an exceptional rate and delivering landmark reforms to sentencing to ensure that there is always a cell available for the most dangerous offenders and to end the cycle of capacity crisis.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.