Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the use of escorted day release for people convicted of serious crimes on (a) public safety and (b) the welfare of those convicted.

For offenders detained in prison, the Prison Rules provide for the temporary release of sentenced prisoners for specified purposes. By providing opportunities to work, learn and build family ties, temporary release from prison helps prevent offenders from returning to crime when they leave prison.

Release on temporary licence (ROTL) will only take place after careful risk assessment and is subject to stringent conditions, which are robustly enforced. Prisoners breaching conditions can be immediately returned to prison, disciplined and may face re-categorisation to a higher security prison and refusal of subsequent ROTL applications.

Where a Hospital Order is made by a court as an alternative to a prison sentence, the court may also impose a restriction order under section 41 of the Mental Health Act, if it considers it necessary to do so to protect the public form serious harm. While a section 41 restriction order is in force, patients are subject to special controls by the Secretary of State for Justice meaning the clinician treating the patient must obtain the consent of the Secretary of State for Justice for certain key decisions, such as transferring the patient to a different hospital or allowing access to the community. This is to ensure that the patient is managed safely and that public protection is a priority in the patient’s progress through the hospital system.

Decisions made in relation to leave are made following rigorous risk assessments that consider, among other things, the risk of harm posed by the patient to themselves and to the public.