Early Return To Prison Concerns for Early Released Prisoners

Why Staying Out Is Primary Concern For Prisoners Getting Out.

Hundreds of prisoners have begun leaving custody under the Government’s new early release arrangements. But some of those walking through the prison gates have raised an important concern of their own: without the right preparation and support, will some people simply end up back inside?

Prisoners Released Early Raise Concerns About Reoffending

Around 700 prisoners were released from prisons across England and Wales in the first stage of the new early release arrangements, with approximately 3,800 more expected to follow over the next year.

The first group had been serving sentences of up to 19 months and became eligible to leave custody after serving 33% of their sentence rather than 50%.

Following those releases, the BBC spoke to several former prisoners leaving jails in Yorkshire. Their comments provide an interesting perspective on a scheme which has largely been debated by politicians, victims’ groups and criminal justice organisations.

Some welcomed the opportunity to rebuild their lives. But there was also a recurring concern: not everybody leaving prison would necessarily be ready for what came next.

What Happens When Someone Leaves Prison With Nowhere to Live?

One prisoner interviewed by the BBC left HMP Leeds without a permanent address and planned initially to stay with friends.

He also identified the potential problem facing people who leave custody without somewhere stable to live: the possibility of falling back into crime.

Housing is only one part of successful resettlement. Employment, finances, family relationships, drug or alcohol dependency and access to support can all affect what happens after somebody leaves custody.

For somebody who has spent months or years in prison, release can therefore involve considerably more than simply returning to normal life.

That matters not only from a rehabilitation perspective but from a criminal justice one. If the purpose of release into the community includes reducing future offending, the period immediately after somebody leaves prison can be particularly important.

Early Release Does Not Mean the Sentence Has Ended

There is also an important legal distinction which can sometimes be lost in the debate surrounding early release.

A prisoner released early has not necessarily completed their sentence. Instead, they may serve the remaining period in the community subject to licence conditions and supervision.

Those conditions can place significant restrictions upon everyday life. Depending upon the individual case, they can include requirements concerning where somebody lives, who they may contact, where they may travel and appointments they must attend.

Electronic monitoring and geographical restrictions can also be used.

For somebody leaving prison, understanding those conditions is therefore essential. What might otherwise appear to be an ordinary decision – visiting a particular place, contacting somebody or failing to attend an appointment – can have serious consequences where it breaches a licence condition.

You Do Not Necessarily Need a New Conviction to Return to Prison

One of the most important consequences of release on licence is the possibility of recall.

If somebody is believed to have breached the conditions of their licence or their behaviour indicates that the risk they present can no longer be safely managed in the community, they may potentially be recalled to custody.

A person can therefore find themselves back in prison without first being prosecuted and convicted of an entirely new criminal offence.

Of course, committing a further offence following release can create an additional and potentially much more serious situation. The individual may face prosecution for the new allegation alongside consequences relating to their existing sentence and licence.

Why Preparation for Release Matters

The comments made by some of the newly released prisoners highlight a wider issue within the criminal justice system.

One man released after serving part of a sentence for shoplifting said he believed some prisoners would return to custody because they were not ready for release. Another, hoping to find employment after leaving prison, raised concerns about people being released without accommodation.

These are important issues because many of the factors associated with offending do not disappear at the prison gate.

If someone returns to homelessness, financial instability, addiction or the same environment in which previous offending occurred, simply shortening the period spent in custody does not necessarily address those underlying circumstances.

Effective probation supervision, rehabilitation, accommodation and opportunities to find legitimate employment can therefore be as important to public protection as monitoring whether somebody complies with their licence.

Probation Will Play a Crucial Role

The early release programme will also place additional demands upon the Probation Service.

Thousands of people leaving custody must be supervised in the community, at the same time as probation officers continue to manage their existing caseloads.

This has led to questions about whether sufficient resources are available to provide meaningful supervision rather than simply monitoring compliance.

There is an important distinction between the two. Electronic tagging may show whether somebody has entered a prohibited area or breached a curfew, but technology alone cannot provide accommodation, address addiction, secure employment or rebuild family relationships.

Victims Need Protection Too

Any discussion about rehabilitation must also recognise the concerns of victims.

For somebody whose offender is being released earlier than originally anticipated, assurances about licence conditions and monitoring may provide limited comfort – particularly where there has previously been domestic abuse, stalking or persistent offending.

Licence conditions prohibiting contact and restricting movement can provide important safeguards. Their effectiveness, however, depends upon breaches being identified and acted upon appropriately.

The challenge for the criminal justice system is therefore to balance rehabilitation and resettlement with effective supervision and protection for victims.

Getting Out of Prison Is Only the Beginning

The debate surrounding early release has understandably concentrated on how much of a sentence should be served inside prison.

The experiences of those actually leaving custody raise another question: what happens afterwards?

For somebody released on licence, the weeks and months following release can determine whether they successfully rebuild their life or find themselves facing further criminal proceedings or recall to prison.

Understanding licence conditions, maintaining contact with probation and seeking help where difficulties arise can therefore be extremely important.

Morton’s Solicitors provides criminal defence advice and representation throughout criminal proceedings and can advise where somebody faces allegations of further offending following release or issues arising from their licence and potential recall.

Early release creates an opportunity to return to the community sooner. Making that opportunity work – for the individual, their victims and the wider public – is the considerably more difficult part.

How We Can Help.

If you have any questions relating to prison sentencing and would like advice or legal representation – then don’t hesitate to call us now on 0161 477 1121 or email us.