Early Release of Prisoners

Julian Lewis Excerpts

Tuesday 7th July 2026 Commons Chamber

[Nick Timothy]

I completely agree. I am happy to say that if the Government want to bring forward emergency legislation to fix this in primary legislation or, if they want to buy themselves a little more time to consider things more fully, to introduce new commencement regulations delaying the introduction of the early release scheme, the Opposition will completely support them in doing that.

For now, however, we do not know. The Government are not in a position to tell us who will be released, what crimes they have committed and when exactly they will be released. When will Ministers know the identity of, and the crimes that have been committed by, those who are due to be released? Are we to wait until they have re-offended, and the details emerge as they are arrested, charged and prosecuted all over again? Is the cost of this ineptitude yet more crime, yet more victims of crime and yet more lives ruined? A Government who cannot tell the public who they are releasing from prison have no business releasing any of these dangerous criminals.

Today, the Government have caved under Conservative pressure, but we still do not know what the policy will be. We have a Minister unable to answer: a political eunuch humiliated by his current boss, the Justice Secretary, and his next boss—if he gets a job—with nothing to say but “Wait for Andy”.

The approach of Ministers to all these concerns—legitimate concerns, shared by people up and down the country—has been to say, “Nothing to see here.” They still tell us that it will all be fine, but they have not had the nerve to ask their MPs to vote on it. The Government say that the criminals they release early will be managed “under strict licence conditions” and can be recalled if those conditions are breached, as though this is some kind of special new initiative. Of course they are released under licence, but the Government refuse to say what those conditions will entail, whether they are new conditions or tougher conditions, what safeguards are in place and what resources will be deployed to ensure that these criminals do not reoffend or disappear from the radar. If they will not even tell us how many prisoners released under SDS40 have been recalled to prison, how can we trust them with what they say about SDS33?

[Sir Julian Lewis (New Forest East) (Con)]

I am a little puzzled by this excuse that offenders can always be recalled if they breach the terms. Presumably, a breach means that there has been a fresh victim of a crime, so it is rather pointless to give that as a reassurance. Does my hon. Friend know what proportion of the prison population is made up of serious sexual or other serious offenders? I cannot believe that it is such a high proportion that even if the prison system were utterly full, they could not release other inmates rather than such serious criminals.

[Nick Timothy]

My right hon. Friend puts his finger on the button. This is what we have been saying, and the Government have been saying in response: “No, this is absolutely necessary. We must release these serious sex offenders otherwise there will be a crisis in the prison system.” It is clear that the right hon. Member for Makerfield—the next Prime Minister—agrees with us, not with them. That is why they have folded in this afternoon’s debate. I feel very sorry for the Minister. It is one man, two guvnors, and he is in a very difficult position. Of course it is possible, even if we accept that we need an early release scheme of the kind the Government are introducing, to exclude the sorts of offenders that my right hon. Friend the Member for New Forest East has described.

As I was saying, if the Government are releasing record numbers of prisoners in error, how can we trust them to get these processes right?

It is easy for debates like this to be lost in statistics, technocratic jargon and legal language, so I will end on this important note. Fiona Goddard was just 14 when she was abused by a rape gang. Seven of her abusers were convicted. In June last year, Fiona received a letter from the Ministry of Justice informing her that her abusers were likely to be eligible soon for early release, having served just half their sentences. Last month she received another letter saying that under the Government’s Sentencing Act, her abusers may now be released after serving just one third of the time she was told they would serve in prison originally.

Fiona and several other victims—Sarah Wilson from Rotherham, Carly and Jessica from Huddersfield, Erin from Dewsbury, and the mother of a victim from Rochdale, who has since died—have written to all Members of the House. Several of those brave women and some others are in the Gallery today. They have asked us, in their words

“to hear the pain behind this letter…support an amendment to the Sentencing Act”

and exclude sex offenders from the early release scheme.

We can only imagine the suffering and torment that these women have experienced. To be told that those who abused them over many years may now be back on the streets long before they were supposed to be is not just disgusting but terrifying to them. It is shameful that the Justice Secretary has refused to come to the House today, and it is ridiculous that the Government have bowed to our argument and accepted our motion without telling us or the victims what they plan to do instead. Victims are left in limbo. Are we going to get emergency legislation? Are we going to get new commencement regulations? Which offences will be excluded from the early release scheme? How is this possible when Ministers previously said that it was not?

The Minister is about to get to his feet, but I am afraid that he has no authority and no idea what will happen next. This dying Government need to be put out of their misery, and we need answers, not evasion, from the only person who can answer—the right hon. Member for Makerfield.

--- Later in debate ---

[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 ---

[Dr Mullan]

I can tell my hon. Friend that it is not just a risk; it is a reality. A number of the victims we met earlier said that they were speaking to people who wanted to come forward, and to speak and contribute to the inquiry, but they saw what was happening to those who had spoken up and who had an offender sent to prison, and who now see that the offender will be released even earlier. They ask, “Why would I risk these people being let out even earlier than they otherwise would have been?”

[Sir Julian Lewis]

By coincidence, last night, BBC Three rebroadcast the three-part series about the online predator Alexander McCartney, who was caught when a victim reported him. It turned out that he had groomed 3,500 victims online around the world. In one case in America, he caused a 12-year-old girl to shoot herself dead; he knew that she was threatening to do that. The programme ended with the chilling statistic that out of 3,500 victims, only four had actually reported him to the authorities. It was one of those reports that led to the end of this terrible campaign. Back in 2024, the programme revealed that he had been sentenced to life imprisonment, with a minimum term of 20 years. What do the people who saw that series think about the fact that it now appears that he might be out in a fraction of that time?

[Dr Mullan]

The only comfort I can give is that there are some exclusions to the early release scheme. If someone is on a life sentence as a minimum term, or on an extended determinate sentence, release does not happen earlier; but we know that more than 90% of the offenders sent to prison every year for child grooming are on a standard determinate sentence and will be eligible for early release.

The Government have quite rightly highlighted the challenges around conviction rates, and I accept the criticisms that the Government have made about the reduction in conviction rates—it is an incredibly important issue—but people do not go to court for the sake of it. It is not done just for the hell of it. They go to court and want a conviction so that a sentence is passed that is an appropriate punishment. The Government take away people’s motivation to speak up when they undermine the outcome.

Let me be specific about what an assurance that serious offenders would be excluded from the scheme would actually mean in practice to a victim. We talked earlier about Fiona Goddard, a survivor of rape, sexual assault and child grooming, whose abusers were sentenced to between 16 and 20 years in 2019. I again pay tribute to her courage. Fiona received a letter from His Majesty’s Prison and Probation Service, telling her that people who abused her may be released early. She talked to the press and went to the media, and a journalist raised her case with the Ministry of Justice. The Ministry of Justice said officially, in a quote that was read out on “Good Morning Britain” when Fiona appeared on it, that the most serious offenders would be excluded. It said that to a journalist, in writing, and it was broadcast to the nation, with this victim listening in. It was saying that Fiona’s abusers had not committed offences serious enough to allow her to be protected, and would not be excluded from the scheme.

Survivors were in the Gallery today because letters landed through their doors telling them exactly the same thing. When the Minister says that serious offenders are excluded, they are saying, to every single victim who receives one of those letters, “Those are not serious offences. They are not heinous crimes. They are included in the scheme.” That is absolutely appalling, and thousands of people have received those letters.

I say to every Labour Member that this is not a partisan observation. During the urgent question, the hon. Member for Birmingham Yardley (Jess Phillips) said there should be more exemptions and that Members should work together on this, and the hon. Members for Liverpool Wavertree (Paula Barker) and for Alloa and Grangemouth (Brian Leishman) have contributed to this debate. Let us be clear: there are hundreds of Labour MPs, and not a single one of them has come to the Chamber today to defend the Government’s policy and position. That is absolutely extraordinary and tells us what we need to know. It seems that the Government just want to keep their fingers in their ears and pretend this is not happening.

I want to be clear about what has actually happened under this Government. At the same time as this Labour Government have released over 60,000 criminals early, prison capacity has fallen on their watch, so we have roughly 500 fewer prison places under a Government who seek continually to attack our record on prison building. I accept the criticism—we should have built more prison places—but in their time in office, the figure has gone down. As with so many issues, from police numbers to teacher numbers, things have got worse under this Government.

We have more than 10,000 foreign national offenders in our prisons right now, representing around 12% of the prison population and costing hundreds of millions of pounds a year. The Government could have moved faster on deportation and freed up those places. As I said, I am clear about our failings in government, and I am happy to say it again: we did build more than 14,000 prison places, but we closed too many prisons that were not fit for purpose, and that has created challenges in the system. However, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and I have said, and as Members on both sides of the House have said for a long time, the failings in the prioritisation of our justice system go back many decades, over many political parties.

I say this not to make a political point but to demonstrate that these are long-term issues. When Labour was last in office, it introduced the existing automatic halfway release for all offenders. Despite that, prison capacity was so tight that Labour released 80,000 prisoners early. When Labour was last in office, it made use of early release schemes because it failed to build enough prison places to keep people in prison.