Making sense of the early release scheme: The role of Restorative Justice
This is a blog by our Communications and Campaigns Officer, Isabelle Gius.
In July, in response to a prison capacity crisis which saw prisons routinely operating at above 99% capacity, the newly appointed Lord Chancellor, Shabana Mahmood, announced urgent changes to the early release scheme for people serving standard determinate sentences. In order to prevent “the collapse of the criminal justice system” and “a total breakdown of law and order,” the Ministry of Justice temporarily reduced the time that people will serve in prison, from 50% to 40% of their sentence, for certain offences.
The decision, even senior Justice ministers admitted in a roundtable with the sector, was a difficult and imperfect one. But they emphasised that the move was necessary in order to address the prisons crisis in the short-term and have breathing room to implement longer-term solutions.
The first cohort of releases will take place in less than a week’s time, on the 10th of September, and many aspects of the plan’s implementation remain unclear. This blog provides a deep dive into the early release scheme. What does the announcement mean in practice, especially for people affected by crime? And what are the opportunities for Restorative Justice around early release?
Fear and confusion from victims
Many organisations working with people affected by crime have reported confusion and concern from victims about what the change will mean for them. When will the person who harmed them be released? What measures are in place to protect them? How can they access support during this difficult and uncertain period?
While there are aspects of the implementation of the scheme that are unknown, here is a simple explanation of what we do know.
For those who are currently in prison serving certain standard determinate sentences, their automatic release point will be changed from 50% of the sentence to 40%. The rest of their sentence will be served on licence in the community, which means they have to follow certain conditions or else risk being recalled to prison.
Crucially, there are exceptions for certain offences – sex offences, serious violent offences, terrorist offences, many offences connected to domestic abuse, and offences relating to national security. Each offence is considered separately, which means that if someone is in prison for multiple offences, they may still be released early even if some of their offences are excluded from the reduction. Not all prisoners will be released at the same time. There are two cohorts of releases for those who have already passed the 40% point: the 10th of September and 22nd of October. After this point, eligible prisoners will be released on an ongoing basis.
If you are part of the Victim Contact Scheme or Victim Notification Scheme, you will be informed about any changes in release date and will be able to discuss licence conditions to protect you. If you are eligible for either scheme (as a victim of a sexual, violent or terrorism offence, or a stalking or harassment offence, respectively) but initially decided to opt-out, you can change your mind and opt-in by emailing vcsenquiries@justice.gov.uk. If you are not eligible for either of these schemes, you will not be proactively contacted. However, the probation practitioner should consider your protection as part of the preparation for release. If you are worried for your safety, you should contact the police. If you are already receiving support from a victim support service, you can also contact them.
Addressing the prisons crisis in the long-term through Restorative Justice
As people are released into their families and communities, Restorative Justice should be considered for the benefit of both harmers and harmed people. For those who are due to be released from prison, Restorative Justice can enable rehabilitation and support them in rebuilding relationships. For victims of crime, if early releases bring up unanswered questions or fears, Restorative Justice can empower them to speak with the person who harmed them in a safe, controlled and flexible way and discuss a path forward.
Ultimately, the Lord Chancellor’s announcement is just a short-term solution. Only by addressing the root causes of crime and addressing the systemic inequalities in our Criminal Justice System will the prisons crisis be “solved” in the long-term. If we can safely release prisoners this early, we must question whether they needed to be there in the first place.
True rehabilitation means that everyone involved needs to be supported to repair the harm caused by crime. Restorative Justice can play an important role in helping people who are released as part of this announcement to move on with their lives; in addition, wider access to RJ across the Criminal Justice System can help to tackle these issues at the root (most importantly, by reducing reoffending) so that we can avoid this situation in the future.
