Civil Disorder: Custodial Treatment

(asked on 3rd September 2024) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what estimate she has made of the number of people jailed for violent disorder offences this summer who will be released after serving 40% of their sentence.


Answered by
Nicholas Dakin Portrait
Nicholas Dakin
Government Whip, Lord Commissioner of HM Treasury
This question was answered on 11th September 2024

The change to the automatic release point for eligible Standard Determinate Sentences (SDS40) is an ongoing change the Government was forced to introduce. We cannot predict who will enter custody or the sentences they will receive from the independent judiciary. Sentencing is complex and so factors including concurrent/consecutive sentences, sentence lengths, and particular offences will determine how long each offender spends in custody.

Certain offences have also been excluded from the SDS change. This includes sex offences irrespective of sentence length; serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation); as well as offences concerning national security. The change will also not apply to sentences subject to release at the discretion of the Parole Board or to offences which currently attract automatic release from an SDS at the two-thirds point (certain serious sexual and violent offences).

Estimating the number of people jailed for violent disorder offences this summer who will be released after serving 40% of their sentence would therefore not be possible due to the complexities of sentencing which is ongoing.

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