Whistleblowers warn sex offenders ‘could be freed’ under early release plans

Probation whistleblowers have warned some serious sexual offenders and other violent criminals could be released under the UK Government’s early release scheme.

The “SDS40” scheme is due to commence next week as part of Number 10’s proposals to crack down on prison overcrowding.

The programme, which was said to exclude sex offences and serious violent offences that have resulted in at least four years in prison, will see 5,500 prisoners released between September and October this year.

It is due to be reviewed after 18 months and the Government has said that those who are released under the SDS40 scheme will serve the rest of their sentence under strict licensing conditions.

But according to Channel 4 News, some prisoners serving consecutive sentences where the end date takes into account a sentence for a less serious offence would qualify for SDS40 and be released sooner than had been set at the point of conviction.

This would in turn reduce the time available to plan for them returning to the community.

‘Loophole’

The programme said sources had come forward with serious concerns over public protection, citing a “loophole” in the policy, as one representative from NAPO – the trade union for probation staff – characterised the proposals as “a roll of the dice”.

One case included a prisoner set to be released four months early after serving a long sentence for serious sexual offences.

He would reportedly qualify for SDS40 because he has now served the duration of the sentences imposed for the sexual offences and has a shorter consecutive sentence for a less serious offence which the prison has identified under SDS40.

This means he can leave prison within weeks, despite his victims expecting he would remain there until next year.

Speaking anonymously to Channel 4 News about this case, one whistleblower within the Probation Service said it is difficult to fast-track him to the required MAPPA (multi-agency public protection arrangements) Level 2 with this reduced timeframe, and the loss of four months’ release planning is of concern to the professionals associated with his case.

Victims’ rights

“It’s a definite loophole to me. It doesn’t fit with justice. It certainly doesn’t fit with victims’ rights,” the whistleblower said.

Commenting further on the Government plans, they added: “This legislation – this statutory instrument – was drafted very quickly and it hasn’t actually come into effect yet.

“It comes into effect on September 10. So, I think in the light of this – and there will be other cases – I think it should be looked at where there are multiple sentences.

“And especially where the longest sentence is a serious offence – like a sex offence – why should someone benefit from a system when the general premise is that there are exemptions that include that very type of offending?”

NAPO told Channel 4 News of another frontline probation worker reporting similar concerns, relaying their comments: “I have a high-risk male convicted of stalking which would exclude him from the early release. However, as he has a driving offence he is now eligible for early release. This appears to make a mockery of what the Government said but also of risk issues.”

Record high

The prison population of England and Wales hit a record high this year, with the number jumping by nearly a thousand in August.

Some 88,350 people were in prison as of August 30, Ministry of Justice figures show.

This was up 116 from 88,234 a week prior and an increase of 988 from 87,362 four weeks prior on August 2.

It was the highest end-of-week figure since weekly population data was first published in 2011, according to analysis by the PA news agency.

It also surpasses the highest total ever recorded, which was 88,336 at end the February 2024, based on separate figures for the end-of-month population size.

The sharp rise in recent weeks is likely to have been driven by the number of jail sentences handed to people found guilty of taking part in the recent disorder across parts of the country.

In a statement to Channel 4 News, a Ministry of Justice spokesperson said: “The new Government inherited a justice system in crisis, with prisons on the point of collapse. It has been forced to introduce an early release programme to stop a crisis that would have overwhelmed the criminal justice system, meaning we would no longer be able to lock up dangerous criminals and protect the public.

“The new Lord Chancellor announced in July that she was scrapping the previous Government’s early release scheme, replacing it with a system which gives probation staff more time to prepare for a prisoner’s release.

“The Government has also set out plans to recruit over 1,000 new trainee probation officers by March 2025 to meet additional demand.”