In a radical overhaul of sentencing, the Justice Secretary, Chris Grayling, last week announced changes to the system of automatic early release.

In particular, offenders who receive a determinate sentence for selected offences against children under the Sexual Offences Act 2003, including rape of a child, and a range of terrorism offences including possession of an article for terrorist purposes, inciting terrorism overseas and preparation of terrorist acts, will no longer be automatically released at the half-way point of their prison sentence.

In addition to this, prisoners who receive the new tough Extended Determinate Sentence (EDS) will no longer be released automatically two-thirds of the way into their custodial sentence.

At present prisoners convicted of certain offences such as grievous bodily harm with intent, who the courts believe are dangerous, can receive an EDS where they must serve two-thirds of their sentence before they are released into the community under strict conditions. For some offenders their release is automatic, while others are subject to the discretion of the Parole Board. 

If approved, the proposals will mean that prisoners affected by the changes will only be released before the end of their custodial term under strict conditions, and at the discretion of the independent Parole Board. Before the Parole Board releases any prisoner it must be convinced they no longer pose a threat to society.

The changes, which are likely to affect around 600 prisoners per year, will require an Act of Parliament. This will be bought forward in the new year. 

Contact Lewis Nedas’ Criminal Lawyers in London

If you think that you, or one of your loved ones, may be affected by these changes and you require specialist legal advice, please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.

This blog post is intended as a news item only – no connection between Lewis Nedas and the parties concerned is intended or implied.