The Sentencing Act (Early Release Scheme)
At the beginning of October, certain offenders are due for release under the Progression Model of the Sentencing Act 2026. Often referred to as the ‘Early-Release Scheme’ this will see people with determinate sentences set for early release, with some only having served 30% of their sentence. But what does this mean? And what does this mean for survivors of sexual violence?
The Journey So Far
The scheme, first set out under former PM Kier Starmer, has been subject to many changes as the government tried to deal with lack of space to house the burgeoning prison population.
Recent changes have included those convicted of rape, serious child sexual offences and grooming being excluded from the scheme. These changes have followed pressure from campaigners, national commissioners and the women’s sector. More recently those convicted of manslaughter will now also not be eligible, following a petition amassing over 1million signatures.
Who is eligible for early release?
To be eligible for early release, offenders must be serving a standard determinate sentence. This is a fixed-term prison sentence with a definite end date. Their sentence must also not be for an offence excluded from the scheme. A full list of excluded offences can be found here.
Those offenders open to the scheme may see their sentence proportionally reduced. Where offenders were previously told they must serve 66% of their sentence in prison, this will be reduced to 50%. Those told they must serve 50% in prison, will now serve 33%.
Offenders subject to parole boards, life sentences, extended determinate sentences or under imprisonment for public protection will not be eligible for early release.
What safeguards will be in place?
As part of the scheme, offenders will be subject to more intensive supervision in the community, which will include regular appointments, risk assessments, monitoring of licence conditions and the assumption that all offenders are electronically tagged. Victims-survivors registered with the Victim Contact Scheme will be able to feed into what these conditions will be.
This period of intense supervision will then be followed by a period on licence in the community. You can read more about this here.
Concerns about the scheme
The Victims Commissioner and the Domestic Abuse Commissioner and various organisations have raised concerns about the scheme, which has resulted in changes to excluded offences. However, this can be a nuanced area. Rape Crisis England and Wales CEO, Ciara Bergman, highlights issues where dangerous sexual violence offenders could be released because the more serious charges against them were dropped. There is also concern that where sexual violence has been prosecuted as domestic abuse offences, offenders may also be released early. You can read the whole statement here.
The government says that offenders can be recalled to prison if they can not be safely managed in the community. However, we are concerned that the effect of a breach deemed ‘non-serious’ by probation can still have a significant effect on survivors, particularly those who have experienced domestic abuse and sexual violence. The effectiveness of the scheme and how it will respond to incidents like these is yet to be tested.
Support for Victims-Survivors
There are a range of measures in place to support victim-survivors and to enable them to have a say where the scheme affects them.
All victim-survivors registered with the Victim Contact Scheme (VCS) will be contacted if their offender is subject to early release. This will give survivors an opportunity to have a say in what their supervision requirements should be.
Efforts will be made to contact all survivors not registered with the VCS. Those who previously opted out of the Victim Contact Scheme can opt in during an offender’s sentence by contacting VCSenquiries@justice.gov.uk
A support line will be set up from the beginning of October. Run by Victim Support, this will provide advice and support to survivors and where to get further information from (eg probation and criminal justice services). We will share the telephone number when we have it.
The government are also offering surge funding to support existing survivor-focussed helplines and services.
In the meantime, the government is highlighting national helplines that can provide support:
- Domestic Abuse Helpline: 0808 200 0247
- Rape and Sexual Abuse Helpline: 0808 500 2222
- Stalking Helpline: 0808 802 0300
- NSPCC: 0808 800 5000
- Victim Support: 0808 16 89 111
Extra supervision for rapists
One piece of good news that has come out of this work, is that, although those convicted of rape will not be eligible for early release, they will be subjected to higher supervision upon release. We have been told that this is a permanent decision, and we hope this provides some comfort to sexual violence survivors.
Links
Changes to prison release arrangements
Sentencing Act 2026 Offence Exclusions
Victim Contact Scheme (information)
Victim Contact Scheme – Opt In: VCSenquiries@justice.gov.uk
