Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the potential impact on victims of SDS40 applying to sentences being served concurrently with sentences of sexual or domestic abuse.

Offenders’ eligibility for SDS40 is determined by each specific sentence. Release provisions for different sentence types and length are fixed by law. This change has amended the automatic release point for standard determinate sentences that are not excluded. This means that by law, an offender serving multiple sentences could have a mixture of some sentences that are eligible for the 40% release point and others that are not. Someone serving a sentence for an excluded offence will not see their custodial time for that sentence reduced, but any sentences for non-excluded offences will be impacted.

Certain offences have been excluded from the Standard Determinate Sentences SDS40 change. These include 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).

If victims are part of the Victim Contact Scheme (VCS) or Victim Notification Scheme (VNS), they will be informed about a change to an offender’s release date. Victims of a sexual, violent or terrorism offence are eligible for the VCS where an offender receives a specified custodial sentence of 12 months or more. They are eligible for the VNS if they are a victim of a stalking or harassment offence regardless of the length of the custodial sentence. This includes breach of a restraining order.

For victims of domestic abuse, there are national helplines that victims can also contact for more immediate help and support, which do offer translation services if your first language is not English. These are 24 hour National Domestic Abuse Helpline; the Men’s advice line for domestic abuse; and the 24 hour National Domestic Abuse and Sexual Violence helpline in Wales.