Offenders (Day of Release from Detention) Bill

Sally-Ann Hart Excerpts

2nd reading
Friday 2nd December 2022 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con)]

Campaigners have said in support of the Bill that a move to end Friday prison releases would help to stop freed inmates walking straight back into the arms of criminal gangs. I welcome the Bill and congratulate my hon. Friend the Member for Barrow and Furness (Simon Fell) on introducing it.

As many Members have said, former prisoners who are let out of prison on a Friday face a race against the clock to access housing, benefits, healthcare and other services before the weekend, which leaves some of them temporarily homeless and increases the risk of reoffending. The Bill would give prison governors discretion to release those most at risk up to 48 hours earlier to ensure that they can receive assistance. The changes are expected to result in significantly fewer crimes each year, meaning fewer victims, less crime and safer streets.

Currently, about one in three prisoners leaves prison on a Friday. That gives them very little time before everything shuts for the weekend to find a bed for the night if they are unable to go back to their home, to register with a GP or to sign up for job support to keep them on the straight and narrow. When people come out of prison, they need secure housing first and foremost, as well as employment. Currently, section 23(3) of the Criminal Justice Act 1961 provides that detained offenders who would otherwise be released on weekends or public or bank holidays are to be released on the preceding day. That gives offenders only the rest of their day of release to access services and accommodation.

Failure to access vital support on a Friday, or the day preceding a public or bank holiday, can raise the risk of reoffending. From July 2016 to September 2020, adult offenders released on a Friday from sentences of less than 12 months had a slightly higher reoffending rate within two weeks of release—14.8% compared with the 13.2% average reoffending rate of those released on other days of the week.

Challenges are more apparent for older offenders, those released from establishments located far from their home address, or those with substance misuse or mental health needs, who face an increased risk of homelessness. I welcome the news that, after careful consideration, the Ministry of Justice is supportive of the Bill, following the announcement in June that it was seriously considering introducing changes to curb Friday releases. As we are all arguing, legislation is urgently needed.

When prisoners are released, they face a challenging environment that can actively deter them from becoming productive members of society. With alarming prevalence, many former prisoners are re-arrested within a short time of release. Reoffending harms the families of inmates and society in general. Taxpayers continue to support a broken system that sets up ex-offenders to fail once they are released. Former prisoners need housing and work, but it is more difficult for them to find rewarding employment—or any at all, in fact—when compared with the general population. It is also difficult for them to find safe and secure accommodation and to function in society generally. Significantly, adult offenders without stable accommodation on release from prison are almost 50% more likely to reoffend. Access to accommodation is important in helping offenders to access employment and training opportunities that may support their rehabilitation.

Ex-offenders seem to be punished for their crimes beyond the term of imprisonment—that is wrong. Whatever we wish to call it—punishment, rehabilitation redemption, forgiveness or salvation—when a person has served their punishment, he or she deserves a second chance, and everyone needs to move on. Former prisoners face challenges at every level when they come out of prison, from finding a job to finding that their family relationships have changed. Sometimes, even their own expectations are challenging for them to deal with, too.

Family relationships are vital. If ex-offenders can return home, they are dependent on family members and must often overcome years of limited contact, potential resentment and a change in the household dynamic. Many ex-offenders think that they can slip back in and things will be how they were, but that is not always the case, and many former inmates find it more difficult than they expected. It is not always easy for family members either: they, too, need to readjust and often have to carry the financial burden of a dependent adult.

Studies have shown that prisoners who maintain consistent contact and connection with their family during their sentence have a lower risk of reoffending. Far too many men, and unfortunately some women, miss out on their children’s formative and critical years. In prison, unfortunately, there are inevitable obstacles to maintaining consistent contact with family. That creates challenges post prison.

To make it easier for former prisoners to get back into the swing of life, we need to consider the best time for ex-offenders to be released from prison. That is not on a Friday or before public holidays, when it can be virtually impossible to access services. As my hon. Friend the Member for Barrow and Furness (Simon Fell) says, the Bill

“just gives people that breathing room and ability to plan, ability to access statutory services, and should also limit the ability for organised criminal gangs and others to basically pick up people who have nowhere else to turn at that time.”

Government figures show that one in three offenders leave prison on a Friday. According to campaigners, 35% of those who are freed on a Monday are reconvicted within a year, compared with 40% of those who are freed on a Friday, so it is vital that Friday releases be looked at again. The Government have acknowledged that Friday releases

“can end up with ex-offenders spending their first days on the streets with little in the way of support—increasing the likelihood they will commit further crimes”,

and have committed to legislation.

I agree with Jo Rogers, former senior manager at Brighton Housing Trust, a housing association and homeless charity that does fantastic work in beautiful Hastings and Rye. She said:

“An important aim of the Fulfilling Lives South East project was to challenge and change systems, and we are delighted that the government has announced this change to Friday prison releases. It is the result of a lot of hard work by ourselves and others in highlighting this issue as an additional barrier for people trying to access support after being released from prison…This policy change will make a real difference to vulnerable ex-offenders for whom the first few days out of prison are crucial in accessing valuable community support to avoid getting trapped in a cycle of repeat offending.”

Fulfilling Lives South East was a project based across Brighton and Hove, Hastings and Eastbourne that aimed to improve the systems that support people with multiple and complex needs. It was led by BHT Sussex and its work from 2014 to 2022 was funded by the National Lottery Community Fund. Its work is not over; there is still much more to do. I expect that the Government’s Changing Futures programmes is picking that up: Sussex was one of 15 areas chosen for that Government initiative, after a joint bid across East Sussex, West Sussex and Brighton and Hove.

The Bill, which would apply to England and Wales only, would give the Secretary of State a discretionary power to bring forward the release date of an offender by up to two eligible working days where that release date falls on a Friday. That is really important. The Bill would also help to promote positive reintegration into society by ensuring that those who leave custody access the support services that they need on release. The Bill has much merit, and it has my support.