Serving 40% of a Custodial Sentence
It is common knowledge for those that find themselves caught in the criminal justice system that the Prison Service are at breaking point. Overcrowding and not enough staff has made any chance of rehabilitation unlikely.
People are finding themselves in prisons hundreds of miles away from family members unable to keep family ties which are sometimes unable to be mended when released.
Prisons offer a number of courses to assist with drug use, mental health and securing employment when released. These courses are only able to be accessed by a select few due to the limited spaces. Prisoners are often released with no home, no job and no hope for the future raising the likelihood of reconviction.
This is not a problem which is easily or quickly solved. In July 2024 the Government announced that the period of a custodial sentence which has to be served will to be reduced from 50% to 40% for those eligible. In order to be eligible you have to be serving a determinate sentence and not serving a sentence for certain offences including some sexual, violent, offences relating to domestic abuse or terrorism offences.
From 10th September 2024 those who are eligible and serving a sentence of less than 5 years may be released after serving 40% of their sentence.
From 22nd October 2024 those serving a sentence of over 5 years can be eligible.
Those released will still be subject to licence conditions for the remaining period of their sentence and at least 1,000 new Probation officers are being trained in order to offer support and manage those released. Failure to comply with licence conditions or committing further offences will likely result in that person being recalled to custody.
The Government have also pledged to continue reviewing the 1,100+ prisoners who are currently serving sentences of imprisonment for public protection (IPPs) which was abolished in 2012. The first phase of the changes into how people subject to IPPs will be managed will start on 1st November 2024 and the final phase will commence on 1st February 2025.
If you, a family member or friend need any assistance with licence conditions, a recall to custody or an IPP sentence please contact Andrea Storey who is head of our Prison Law Department at andreastorey@albinandco.co.uk or 01189 574018
