Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will publish a list of offences that are eligible for automatic release after serving 40% of a prison sentence.

The previous Government left the criminal justice system in an unconscionable state, with the prison system days from collapse. To prevent the risk of gridlock across the Criminal Justice System, we had no choice but to take decisive action to stop our prisons overflowing and keep the public safe. On 10 September 2024, the Government therefore took the unavoidable step to move the release point for certain standard determinate sentences from 50% to 40% (‘SDS40’).

Certain offences have been excluded from the SDS40 change including sex offences irrespective of sentence length; serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation); as well as offences concerning national security.

The legislation which covers eligibility for SDS40 is publicly available online, for example here: https://www.legislation.gov.uk/uksi/2024/844/schedule/made; and https://www.legislation.gov.uk/uksi/2024/1331/article/3/made.

Once released, offenders will be subject to the same set of strict licence conditions that would apply had they been released at a 50% automatic release point and will be liable to recall to prison if they do not comply with these conditions or are judged to be a risk to public safety.