Early Release from Prison: What the New Proposals Really Mean
Understanding the Sentencing Policy Review
Recent headlines have sparked public concern after reports suggested that some prisoners—including those convicted of serious offences—could be released early under new government proposals. But what’s actually being proposed, and how does this affect public safety and justice?
Why Is This Happening?
The UK prison system is currently facing a serious overcrowding crisis. With prisons in England and Wales expected to be at full capacity by November 2025, the government is considering measures to reduce pressure on the system.
One such measure includes early release for some prisoners serving standard determinate sentences—these are fixed-term prison sentences given for a wide range of offences.
How Would Early Release Work?
Under the proposed changes:
- Offenders could be released after serving one third of their sentence in custody.
- The next third would be served “on licence” in the community, meaning the individual is still under supervision and subject to conditions.
- The final third would be unsupervised—but if the individual reoffends during this period, they could be sent back to prison to complete the original sentence, plus time for the new offence.
This approach mirrors policies used elsewhere around the globe such as the state of Texas in the UK – where such measures have successfully helped reduce overcrowding.
Who Would This Apply To?
It’s important to note that not all offenders would be eligible. The proposals include a tiered system that considers:
- The seriousness of the offence.
- How the individual behaves in prison.
- Whether they engage with rehabilitation programmes and work opportunities while in custody.
Those convicted of more serious crimes—such as sexual or violent offences—may be required to serve a longer portion of their sentence before being considered for release.
What Does This Mean From a Legal Perspective?
As a criminal defence firm, Morton’s Solicitors understand that early release can raise legitimate concerns. However, this is not about letting people “off the hook.”
These proposals are designed with built-in safeguards:
- Release is conditional and based on behaviour and rehabilitation efforts.
- Supervision continues during the licence period.
- Any breach of conditions or further offences will result in a return to prison.
Why Not Just Build More Prisons?
While expanding prison capacity is often suggested, it’s a long-term and costly solution. The review also recommends alternatives to short sentences—such as tougher community-based penalties that can be more effective in reducing reoffending.
Our View: A Balanced Approach to Justice
At Morton’s Solicitors, we recognise the need to ease pressure on the prison system— withpublic safety and fair justice at the forefront of the decisions on who to release. The key is ensuring any early release is based on evidence of rehabilitation, proper supervision, and clear legal boundaries.
How We Can Help
At Morton’s Solicitors, our legal representation team are on-hand to support our clients and guide them through their release journey. If you have any questions regarding the early release of prisoners then email us or call us on 0161 477 1121.
