Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential impact of the automatic release of Standard Determinate Recall prisoners under the Sentencing Act 2026 on public protection; and if he will publish the (a) criteria used to determine exemptions from automatic release and (b) number of prisoners expected to be released in each tranche between 31 March and 12 May 2026; and what safeguards are in place to manage cases involving people assessed as presenting a high risk of serious harm.
An Impact Assessment, published on 1 September 2025, set out the expected effects of the automatic release following the implementation of the recall provisions in the Sentencing Act 2026, including their implications for public protection. Eligible offenders will be released from prisons across England and Wales; the precise number of offenders released via each tranche will be known once individual cases are processed. Details of changes to the recall population are published regularly in Offender Management Statistics.
Public protection remains paramount. We have gone further than the Independent Sentencing Review recommended by excluding offenders assessed as posing a greater risk, including those managed at the higher levels of Multi‑Agency Public Protection Arrangements. Furthermore, over 17,000 prisoners are serving sentences that will not be affected by these reforms: this includes those serving Extended Determinate Sentences, along with Life and Imprisonment for Public Protection sentences.
Additionally, the Secretary of State can convert a fixed‑term recall to a standard recall in exceptional circumstances, where an offender is assessed as presenting a high risk of serious harm at the end of their recall period, according to the specific criteria outlined in the legislation.