Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the impact of the early release of prisoners with a custodial sentence of less than 12 months, in order to alleviate overcrowding in the prison estate, on (1) reoffending rates, (2) public safety and (3) the operational effectiveness of the Probation Service.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

Delivering public protection and reducing reoffending is not just about custody. The Probation Service plays a vital role in protecting the public and reducing reoffending. For some less serious offenders, suspended and community sentences are more effective for rehabilitation.

Community requirements can help to deter reoffending, drive swift consequences for non-compliance, protect the public, and ensure offenders feel the weight of crime. Probation assess an offender’s risk prior to, and throughout sentences, to ensure that offenders are appropriately monitored and supervised, following robust risk assessment measures to ensure public safety.

Evidence shows that 55% of people given a custodial sentence of less than 12 months are convicted of further offences. For offenders punished with Suspended Sentence Orders with requirements that are served in the community, the reoffending rate is significantly lower at 24%. That is why we are introducing a presumption to suspend sentences of under 12 months, however judges will still be able to exercise their discretion to impose custody in exceptional circumstances. We have also included exemptions to the presumption where there is a significant risk of harm to an individual or where the offender has breached an order of the court, as is the case for many repeat and prolific offenders.

We know there are existing challenges and will be additional demands on the Probation Service as a result of the presumption to suspend short sentences. That is why we have increased funding for the Probation Service by an additional £155 million a year to recruit record levels of staff so that we can bring down caseloads and deliver better and more consistent supervision of offenders in the community. We continue to accelerate recruitment of Probation Officers, with over 4,000 trainees joining the service since 2020 and an overall increase in staffing levels across the board. We are also resetting probation to prioritise early engagement and supervision in the first two-thirds of an offender’s sentence, a critical period during which probation staff can have the greatest impact on public protection and reducing reoffending.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps HM Prison and Probation Service take to ensure prisoners released on end of custody supervised licence can continue to access drug addiction treatment programs when they are released from prison.

Answered by Edward Argar - Minister of State (Ministry of Justice)

We know that supporting offenders to engage in drug and alcohol treatment is vital to reduce reoffending and we are working with health partners on a range of interventions to strengthen continuity of care for prison leavers. We have recruited over 50 Health and Justice Co-ordinators nationwide to improve links between prison and community treatment services, procured 650 laptops to enable prisoners to speak to community treatment providers before release and we are rolling out the Probation Notification Actioning Project (PNAP) which will make probation aware of prison leavers who have been referred to community treatment so probation can support continued engagement.

The lower-level offenders released on ECSL will have a release plan put together by probation, and where appropriate this release plan will include access to drug and alcohol treatment. It remains at the discretion of the prison service to block or delay the ECSL release of any prisoners where doing so would result in losing access to essential services such as drug and alcohol treatment.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what performance measures his Department uses to measure the success of transitional accommodation for prison leavers.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Prison leavers without settled accommodation are almost 50 per cent more likely to re-offend compared with those with settled accommodation: a settled place to live is a key factor in reducing re-offending, cutting crime and protecting the public.

The data collected on people leaving prison for transitional accommodation, together with data on settled accommodation three months after release, can be found at the following link: https://assets.publishing.service.gov.uk/media/64c10b4e90b54500143e8375/Probation_Performance_Data_Tables_2022-23.xlsx.

HMPPS Community Accommodation Service (CAS) currently provides transitional accommodation via three tiers of support, each focused on a different cohort. CAS1 (Approved Premises) is used as a public protection resource to accommodate higher-risk offenders. CAS2 provides accommodation for medium-risk defendants on bail and prisoners eligible for release under home detention curfew. CAS3 is our ground-breaking new temporary accommodation service.

HMPPS launched CAS3 in July 2021, providing up to 12 weeks’ guaranteed accommodation on release for those leaving prison at risk of homelessness, with support to move on to settled accommodation. Initially implemented in five probation regions (Yorkshire and the Humber; North West; Greater Manchester; East of England; and Kent, Surrey and Sussex), the service was rolled out to Wales in June 2022. From April 2023, the CAS3 service was operating in all probation regions in England and Wales.

Between 2019-20 and 2022-23, the proportion of prison leavers who were homeless upon release decreased by five percentage points, from 16 per cent to 11 per cent.

By January 2023, the proportion of offenders housed on the first night of release from custody was 7.6 percentage points higher in CAS3 regions in comparison with regions where CAS3 had yet to be implemented.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department collects information on how many people who leave prison for transitional accommodation leave with settled accommodation.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Prison leavers without settled accommodation are almost 50 per cent more likely to re-offend compared with those with settled accommodation: a settled place to live is a key factor in reducing re-offending, cutting crime and protecting the public.

The data collected on people leaving prison for transitional accommodation, together with data on settled accommodation three months after release, can be found at the following link: https://assets.publishing.service.gov.uk/media/64c10b4e90b54500143e8375/Probation_Performance_Data_Tables_2022-23.xlsx.

HMPPS Community Accommodation Service (CAS) currently provides transitional accommodation via three tiers of support, each focused on a different cohort. CAS1 (Approved Premises) is used as a public protection resource to accommodate higher-risk offenders. CAS2 provides accommodation for medium-risk defendants on bail and prisoners eligible for release under home detention curfew. CAS3 is our ground-breaking new temporary accommodation service.

HMPPS launched CAS3 in July 2021, providing up to 12 weeks’ guaranteed accommodation on release for those leaving prison at risk of homelessness, with support to move on to settled accommodation. Initially implemented in five probation regions (Yorkshire and the Humber; North West; Greater Manchester; East of England; and Kent, Surrey and Sussex), the service was rolled out to Wales in June 2022. From April 2023, the CAS3 service was operating in all probation regions in England and Wales.

Between 2019-20 and 2022-23, the proportion of prison leavers who were homeless upon release decreased by five percentage points, from 16 per cent to 11 per cent.

By January 2023, the proportion of offenders housed on the first night of release from custody was 7.6 percentage points higher in CAS3 regions in comparison with regions where CAS3 had yet to be implemented.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many prisoners were released within two months of the scheduled end of their sentence in the last 12 months.

Answered by Edward Argar - Minister of State (Ministry of Justice)

End of Custody Supervised Licence (ECSL) began in October 2023, and an analysis of its use will be based on one year’s worth of data and published on an annual basis in line with other statistics, such as deaths of offenders in the community.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many individuals will be released under the end of custody supervised license scheme in 2024.

Answered by Edward Argar - Minister of State (Ministry of Justice)

While ECSL is in operation, it will continue to free up spaces as more prisoners reach the point in their sentence when they become eligible for release, but only where that continues to be necessary to remain within maximum capacity levels.

An analysis of its use will be based on one year’s worth of data and published on an annual basis in line with other statistics.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether female prisoners will be eligible for release 60 days early under the End of Custody Supervised Licence.

Answered by Edward Argar - Minister of State (Ministry of Justice)

As we announced in October, ECSL operates across the prison estate in the specific prisons where it is absolutely necessary, including the women’s estate.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what discussions his Department had with (a) probation officers, (b) senior probation officers and (c) trade union officials representing probation officers before announcing the extension of the end of custody supervised license scheme.

Answered by Edward Argar - Minister of State (Ministry of Justice)

The End of Custody Supervised License (ECSL) Scheme is a targeted measure that will operate in certain areas for a limited period of time where we are moving a prisoner’s release date earlier. We are committed to continue working with the police, prisons, and probation leaders to make further adjustments as required.

Prior to the announcement in Parliament of the extension of ECSL on 11 March, Senior Regional Prison and Probation leaders and Trade Unions were advised of the decision to extend ECSL, to prepare to implement the ECSL changes effectively.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, in which prisons the end of custody supervised licence scheme (a) is operational and (b) has been since October 2023.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Unlike Labour’s End of Custody License scheme which ran from 2007 to 2010, End of Custody Supervised Licence only operates in specific prisons where it is absolutely necessary. The number of prisons where it is in operation is reviewed constantly and therefore varies as required.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether (a) domestic abusers and (b) stalkers are ineligible for release under the end of custody supervised licence scheme.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Nobody convicted of serious violence will be released early and anyone convicted of any sexual or terror offence is automatically excluded. Unlike Labour’s End of Custody Licence scheme, which ran from 2007 to 2010, all offenders who may be eligible for release will be subject to the same set of licence conditions that would apply had they been released automatically.

Those licence conditions will reflect the risk management release plan prepared by probation staff and what is necessary to safely manage the offender in the community. The offender can be immediately recalled to prison if they do not comply or otherwise behave in a way that is assessed to be putting the public at risk.

In contrast to Labour’s approach, we have introduced an additional safeguard, whereby it remains at the discretion of the prison service to block the ECSL release of any prisoners where releasing an offender earlier presents a heightened risk than if they were released at their automatic release date.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, for which types of offences prisoners released under the end of custody supervised licence scheme were sentenced.

Answered by Edward Argar - Minister of State (Ministry of Justice)

End of Custody Supervised Licence (ECSL) allows certain lower-level offenders to be released before their automatic release date. Unlike Labour’s scheme, which ran from 2007 to 2010, all offenders will be released onto strict licence conditions.

Nobody convicted of serious violence will be released early and anyone convicted of any sexual or terror offence is automatically excluded. In contrast to Labour’s approach, we have also introduced an additional safeguard, whereby it remains at the discretion of the prison service to block the ECSL release of any prisoners where releasing an offender earlier presents a heightened risk than if they were released at their automatic release date.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many prisoners have been released under the End of Custody Supervised Licence scheme.

Answered by Edward Argar - Minister of State (Ministry of Justice)

End of Custody Supervised Licence (ECSL) began in October 2023, and an analysis of its use will be based on one year’s worth of data and published on an annual basis in line with other statistics, such as deaths of offenders in the community.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether all prisoners released under the end of custody supervised license are required to wear an electronic tag.

Answered by Edward Argar - Minister of State (Ministry of Justice)

All prisoners released under the End of Custody Supervised Licence are subject to a set of standard licence conditions as identified by Probation in their release management plan such as non-contact requirements, exclusion zones or GPS tagging.

These are not requirements in every case as conditions are set for individual prisoners to create the best chance of reducing reoffending and protecting the public.

Question to the Ministry of Justice:

To ask His Majesty's Government what steps they are taking to ensure that support provided to prison leavers to secure available housing and potential job opportunities is coordinated.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

Effective resettlement of prison leavers is a core part of our efforts to reduce re-offending. This includes making sure someone has a home and access to employment.

Community Probation Practitioners coordinate the overall rehabilitation of an offender, supported by Pre-Release Teams who provide immediate resettlement and pre-release support for all people in prison, including for accommodation and employment. This coordination continues once the individual has left prison for the duration of their license period.

In prisons, we have rolled out Employment Hubs where Prison Employment Leads work alongside DWP Prison Work Coaches to provide a joined-up approach to preparing for employment. Accommodation support and assistance includes completion of accommodation and housing benefit applications, and support and guidance to ensure continuation of an existing tenancy.

To further improve coordination and the overall offering we are introducing Resettlement Passports, which will bring together key information and services that an individual needs in one place to resettle into the community, such as bank accounts, CV’s and identity documents to prove the right to work and rent.

The proportion of prison leavers who were employed six months after release has more than doubled in the two years to March 2023, from 14% to over 30%, and the proportion of prison leavers who were homeless or rough sleeping upon release decreased from 16% to 11%, between 2019-20 and 2022-23.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many people charged with an offence relating to domestic violence were released under the home detention curfew in the last 12 months.

Answered by Edward Argar - Minister of State (Ministry of Justice)

Home detention curfew (HDC) is a robust scheme which has been in operation since 1999. Offenders currently serving a sentence for a domestic abuse linked offence are extremely unlikely to be released on HDC. This government has taken steps to ensure that offenders serving sentences for offences linked to domestic abuse – including non-fatal strangulation and stalking – are presumed unsuitable for HDC, due to the seriousness of these offences and the government’s firm stance on them. This means they will only be considered for release under the scheme where there are highly specific and exceptional circumstances.

Offenders who are eligible and suitable for HDC are subject to a robust risk assessment to manage them safely in the community. This will include checks with partners from other agencies, such as the police, to ensure that the offender being released does not put anyone in the community at risk while on HDC. An offender who is a perpetrator of domestic abuse will not be released on HDC to an address where they pose a threat, or released on HDC at all if the risk is unmanageable.

Data is not collated in a central manner and therefore could only be obtained at a disproportionate cost. However, specific offence codes for domestic violence related cases – such as controlling or coercive behaviour – can be identified on an individual basis.

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether there is a requirement for the victims of domestic abuse to be informed when the perpetrator of their abuse is released early under the home detention curfew scheme.

Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)

Offenders currently serving a sentence for a domestic abuse offence are extremely unlikely to be released on home detention curfew (HDC). Since June 2023, offenders serving current sentences for specified domestic abuse offences are presumed unsuitable for HDC. This means they will only be considered for release under the scheme where there are highly specific and exceptional circumstances.

More broadly, victims of specified sexual and violent offences, where the prison sentence is 12 months or more, have a statutory entitlement to the Probation Victim Contact Scheme (VCS). Victims will be updated with key stages in the sentence, including when an offender due to be released on HDC, and have the statutory right to request licence conditions on release, such as a no contact condition and an exclusion zone.

Also, we have recently introduced a victim notification scheme (VNS) for victims of stalking and harassment where the offences are non-qualifying for the VCS. Victims will be informed of the offender’s release which is more likely to be at their normal automatic release date given the presumption against release on HDC, and will be offered the chance to request licence conditions. The VNS was piloted in a few probation regions but is now being rolled out nationally with the expectation that it will be live in all areas in England and Wales by the spring.