Prisoner Early Release Scheme

Nick Timothy Excerpts

Tuesday 13th October 2026 Commons Chamber

[Nick Timothy (West Suffolk) (Con)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the early release scheme.

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

This Government inherited a prison system on the brink of collapse. In July 2024, men’s prisons were operating at 99% capacity. At one point, fewer than 100 places were available across the male estate. Without intervention, we risked running out of prison places, leaving courts unable to sentence offenders and police unable to make arrests.

This Government have acted to increase capacity and to reform sentencing. We have committed to delivering 14,000 prison places by 2031 and have already delivered 3,200. The last Government added just 500 net places in their time in office. We have also accelerated the removal of foreign national offenders, returning around 11,700 to their countries of origin. It is in that context that we launched the independent sentencing review in October 2024 and subsequently passed the Sentencing Act 2026 earlier this year to place the prison system on a more sustainable footing and ensure that space is always available for the most dangerous offenders. The Act also aimed to avoid the chaotic emergency release schemes carried out with little scrutiny or warning by the Conservatives.

However, we know that aspects of these changes have caused concern, and we are determined to do the right thing for victims. That is why the Government listened to the concerns raised, paused the implementation of the progression model and conducted an urgent review. As the Lord Chancellor confirmed in this House on 1 September, in addition to the 18,000 dangerous offenders already ineligible for the progression model, this Government have excluded rape and serious child sex offences from eligibility for changes to release dates under the Sentencing Act. Unlawful killings, including manslaughter, causing or allowing the death of a child, and death by dangerous driving, are also excluded, as well as indecent assault, ensuring that more historical child sex offences prosecuted under older laws are treated consistently with equivalent offences today. That means that hundreds more dangerous criminals will be staying behind bars for longer, including those who killed PC Andrew Harper in the line of duty.

The first releases on the progression model took place on 1 October, with His Majesty’s Prison and Probation Service working closely with operational partners to ensure that eligible offenders were released safely into the community. As the second tranche of releases begins today, robust arrangements remain in place to manage releases, support probation practitioners and supervising offenders, and ensure that those subject to electronic monitoring requirements are fitted with a tag. As part of the supervision of offenders released into the community, HMPPS will maintain rigorous oversight of those on licence, with measures in place to recall those who are non-compliant.

We recognise the significant effect that release date changes can have on victims. We will ensure that those in the victim contact scheme who are affected by the new exclusions are informed if there are any changes to the release date of the offender in their case. I have also instructed my officials to attempt to contact victims not in that scheme to provide information, should they wish for that to happen. We have launched the victim support offender release helpline, with nearly £19 million of additional funding, to provide victims with emotional support, practical advice such as safety planning, and general information about sentencing changes.

It is important to add that the Minister for Prisons, Probation and Reducing Reoffending is unable to be here today because she is currently speaking with governors about early release and how the implementation of the progression model is going.

[Mr Speaker]

I call the shadow Justice Secretary.

[Nick Timothy]

Two weeks ago, 700 prisoners were released from prison across the country, and today a further 650 will be released, most after serving just one third of their sentence. The Justice Secretary told the country that proper safeguards would be put in place, with a presumption that all released prisoners would be tagged. He called it the “toughest” tagging regime in history, but that was nonsense. Four days after the first release, the Justice Secretary admitted that he had no idea how many released prisoners had been tagged, and protested that it was unreasonable to expect him to know how many had been tagged so soon into the scheme. I have some advice for him and his Ministers: it is better to work out how to implement your policy before it starts, not after.

We know that a majority of prisoners are not being tagged before release, and we know that reoffending is already off the charts. The Met says that there have been 100 tag breaches in London each day since Labour’s first early release scheme began, while two or three prisoners released early are being re-arrested every week. I do not want to hear the same old lines from the Minister about prison building, though I note he has changed his tune since the Prime Minister took office in July. Since the election, not a single new prison development has been planned or approved—those were the Minister’s words in a written answer. The only new prison opened was begun under the last Government, and prison places are unused because officer numbers are down under Labour.

Can the Minister tell us very clearly the answers to the following three questions? How many prisoners released so far have and have not been tagged? How many tag breaches by released prisoners have there been? If he does not know the answers to those questions, when will the Justice Secretary and his team find out and tell the House of Commons?

[Jake Richards]

I am grateful for the hon. Member’s questions. I noticed over conference recess that the hon. Member for Harborough, Oadby and Wigston (Neil O’Brien), who I think is the Conservatives’ policy chief, apologised for the lack of investment and action on criminal justice over 14 years of Conservative Governments. It would be welcome to hear that from the Dispatch Box today, but alas, we will still have to wait for that apology.

Turning to the hon. Member’s questions, we have set out the numbers of prisoners who will be released in each tranche—that is publicly available on the Government’s website. We will be setting out data in relation to prisoner releases as we always do, and the next batch of data will be released in January of next year. This is a new sentencing regime, and it is right that we release the data in the appropriate way, as we have always done.