Early Release of Prisoners

Jess Brown-Fuller Excerpts

Tuesday 7th July 2026 Commons Chamber

[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.

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

May I first pay tribute to every victim and survivor of some of the most horrific and vile crimes imaginable, including those who join us in the Gallery today? They have waived their right to anonymity and raised their voices so that others do not have to. They are calling for greater protections for victims, who feel consistently failed by the justice system as it stands, and they represent a much larger and often voiceless part of our society, including those who never came forward, and those who did come forward but did not receive justice at the end of it. These are the people who spend their lives scanning crowds and looking around street corners, fearful that they will bump into their perpetrator, or perpetrators, again, and I commend them for their bravery and determination to ensure that nobody else suffers in the way that they have done. The abuse that they have experienced at the hands of cruel, calculating monsters never leaves them, and I share their anger and frustration that after countless reviews, reports and inquiries, spanning many years and many Governments, the system continues to fail them and recommendations remain unimplemented.

I think we all agree that, in a properly functioning justice system, as a matter of principle, no victim should have to endure being told that their perpetrator is being released earlier than expected for any offence. When a sentence is handed down, victims deserve the certainty of knowing where they stand and how long their perpetrator will remain behind bars. We have heard just today from victims who were reassured by the judges in their cases that their perpetrators would serve a certain length of time—only to then receive this vague letter, which we have been talking about, telling them that that may no longer be the case.

That does not happen in any other element of our justice system. When a Government introduce a new sentence—a new crime—it is not retrospective. The Government have come forward with a positive change by upping the sentence in relation to women who are killed in the home, which currently carries a lower sentence than offences relating to those who are killed outside of the home. That is not retrospective, but the campaigners for the change said that they understand that the justice system is not retrospective. The same should apply to sentencing after the fact.

Victims are understandably angry about the format of the letters they received, which were not personalised and provided no specific information about their cases. The letters did not provide information about when their perpetrators would be released, and also said, as I mentioned to the Minister, that some of those released would be managed in the community. That will naturally lead many to fear the worst—that their perpetrators will be free to roam without restriction. Why would they not think that, when they have been failed so many times by the system? The vagueness and ambiguity need looking at. I hope that the Minister will take that away, so that the MOJ’s mass communications are worded in a way that does not feel so impersonal.

It is worth saying, and has been said many times before, that the justice system inherited by this Government left victims and society more broadly in grave peril. It risked the state convicting criminals of serious offences but having no space in which to imprison them. A capacity crisis in our prisons would also have left victims and survivors fearful, and it clearly needed to be addressed.

Throughout the passage of the Sentencing Act, we were concerned about the implications for other parts of the justice system, which were already at breaking point, and their ability to absorb the additional strain. The probation system, where staff are already facing ever-increasing caseloads without being appropriately resourced, has now been tasked with managing those released earlier than before, as well as those serving community sentences. Meanwhile, the prison system itself was failing to keep hold of dangerous offenders—in some cases accidentally releasing them and losing track of them altogether.

We were also concerned about the implications of the Government’s proposals for the early release of offenders convicted of extremely serious crimes, including those discussed today. Ministers in both Houses reassured us that the most serious offenders would be exempt from these measures, which is clearly not the case. That is why the Liberal Democrats have written to the Justice Secretary calling for child sexual offenders, including those convicted of offences connected to grooming gangs, to be exempt from the new early release provisions in the Sentencing Act.

The Government have promised the biggest expansion in prison places since the Victorian era, and have delivered on part of that promise by increasing capacity. That new provision should now be used to ensure that child sex offenders serve the same proportion of their sentence as they did previously, giving victims the reassurance that their perpetrators will remain in prison for the period that they were led to expect at sentencing.

We spend the equivalent of just two weeks’ welfare spending on the entire justice budget. That covers our courts, our prisons and the Probation Service. That lack of seriousness is why the justice system often lurches from crisis to crisis—that is a plague on all our houses—but for the victims and those in the Gallery today, a functioning justice system is everything. It is the difference between being able to move on with their lives and being forever traumatised by a system that fails them.

Will the Minister therefore set out how many prisoners currently in the prison estate have been convicted of child sexual offences, including offences connected to child sexual exploitation and grooming gangs? If there is sufficient capacity in the prison estate to exempt those offenders from the early release scheme, will he do so? Finally, what measures will this Government bring forward to restore confidence among all victims, including those who never came forward to report abuse or who were afraid to do so because they feared that they would not be believed? As a whole House, we have to do better.

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[Catherine Atkinson]

I have listened very carefully to this debate. I will always listen to victims, but I want to ensure that I can look them in the eyes and know that when offenders are convicted and sentenced to custody, there are prison cells for them. That is where we were left by the last Government in real difficulty.

[Jess Brown-Fuller]

I seek clarification. The Minister said that the Government have added grooming as an aggravating factor. Will every person sentenced to an offence related to grooming gang scandals now get an extended determinate sentence because the aggravating factor will be added, or will they still be eligible for standard determinate sentences?

[Catherine Atkinson]

It adds to the seriousness of the offence—it is considered an aggravating feature when it comes to sentencing. Obviously, sentences are determined by judges, as is absolutely right, to ensure that we maintain the rule of law. However, grooming is an aggravating aspect, as opposed to binding the final sentence that a judge gives. There will always be mitigating and aggravating considerations for the judge, and grooming has been made a clear aggravating feature. However, I would be happy to meet the hon. Lady to discuss this point if she would find that useful.

The Conservatives added just 482 prison places during their time in office, or 34 per year. If they had not closed 23 prisons, such as HMP Holloway, we would not be where we are now—if that prison had not been sold off to build flats, we would have more capacity. In comparison, the previous Labour Government added 27,830 places to prison capacity, and this Labour Government are embarking on the largest prison-building programme since the Victorian era. We have already delivered over 3,000 places.

[Jess Brown-Fuller]

I do not expect the Minister to know the answer to this question, but I would appreciate it if after the debate she could update the House on what progress has been made on HMP Dartmoor. It was closed in 2024, and it has been suggested that it will be closed for three years. That could open up capacity of an additional 400 spaces without needing to build a new prison.

[Catherine Atkinson]

I will ensure that the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), writes to the hon. Lady.