Whistleblowers warn sex offenders ‘could be freed’ under early release plans

The SDS40 scheme is due to begin next week as part of Number 10’s proposals to ease prison overcrowding.

The Government’s early release scheme is set to begin (PA) (PA Archive)

Probation whistleblowers have warned that some serious sexual offenders and other violent criminals could be released under the Government’s early release scheme.

In July, Justice Secretary Shabana Mahmood announced plans to cut the proportion of the sentence inmates must serve from 50% to 40%, as the Ministry of Justice (MoJ) said violence and self-harm behind bars had risen to “unacceptable” levels as overcrowding pushed jails to the “point of collapse”.

The temporary move – which was said to not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences – is expected to result in 5,500 offenders being released in September and October.

The SDS40 scheme is due to begin next week and will be reviewed after 18 months.

It’s a definite loophole to me. It doesn’t fit with justice. It certainly doesn’t fit with victims’ rights

Probation whistleblower

The Government has said those who are released will serve the rest of their sentence under strict licensing conditions.

But according to Channel 4 News, some prisoners serving consecutive sentences where the end date takes into account a sentence for a less serious offence would qualify for SDS40 and be released sooner than was set at the point of conviction.

This would in turn reduce the time available to plan for them returning to the community.

The programme said sources had come forward with serious concerns over public protection, citing a “loophole” in the policy, as one representative from Napo – the trade union for probation staff – called the proposals “a roll of the dice”.

One case included a prisoner set to be released four months early after serving a long sentence for serious sexual offences.

He would reportedly qualify for SDS40 because he has served the duration of the sentences imposed for the sexual offences and has a shorter consecutive sentence for a less serious offence which the prison has identified under SDS40.

This means he can leave prison within weeks, despite his victims expecting he would remain there until next year.

The PA news agency understands sex offences are excluded from SDS40 and this offender has served the usual prison term for his sentence for a sex offence in custody already. The SDS40 change only applies to the second, consecutive sentence for a non-sexual offence.

Speaking anonymously to Channel 4 News, one whistleblower in the Probation Service said it is difficult to fast-track the inmate to the required Mappa (multi-agency public protection arrangements) Level 2 with this reduced timeframe, and the loss of four months’ release planning is of concern.

“It’s a definite loophole to me. It doesn’t fit with justice. It certainly doesn’t fit with victims’ rights,” the whistleblower said.

“This legislation – this statutory instrument – was drafted very quickly and it hasn’t actually come into effect yet.

“It comes into effect on September 10. So I think, in the light of this – and there will be other cases – I think it should be looked at where there are multiple sentences.

“And especially where the longest sentence is a serious offence – like a sex offence – why should someone benefit from a system when the general premise is that there are exemptions that include that very type of offending?”

Napo told Channel 4 News of another frontline probation worker saying: “I have a high-risk male convicted of stalking which would exclude him from the early release. However, as he has a driving offence he is now eligible for early release. This appears to make a mockery of what the Government said but also of risk issues.”

The prison population of England and Wales hit a record high year, with the number jumping by nearly 1,000 in August.

Some 88,350 people were in prison on August 30, MoJ figures show.

The new Government inherited a justice system in crisis, with prisons on the point of collapse. It has been forced to introduce an early release programme to stop a crisis that would have overwhelmed the criminal justice system

Ministry of Justice

This was up 116 from 88,234 the week before and an increase of 988 from 87,362 four weeks before on August 2.

It was the highest end-of-week figure since weekly population data was first published in 2011, according to analysis by the PA news agency.

It also surpasses the highest total ever recorded, which was 88,336 at end the February, based on separate figures.

The sharp rise in recent weeks is likely to have been driven by the number of jail sentences handed to people found guilty of taking part in recent disorder across parts of the country.

An MoJ spokesperson said on Channel 4’s claims: “The new Government inherited a justice system in crisis, with prisons on the point of collapse. It has been forced to introduce an early release programme to stop a crisis that would have overwhelmed the criminal justice system, meaning we would no longer be able to lock up dangerous criminals and protect the public.

“The new Lord Chancellor announced in July that she was scrapping the previous Government’s early release scheme, replacing it with a system which gives probation staff more time to prepare for a prisoner’s release. The Government has also set out plans to recruit over 1,000 new trainee probation officers by March 2025 to meet additional demand.”