Victims not being told their attackers will be released from prison early

‘Enormous concern’ over safety and communication ahead of Government’s early release scheme on Tuesday

Victims are not being told their attackers are being released early from jail and risk bumping into them on the street, a victims’ commissioner has warned.
In an article for The Telegraph, Claire Waxman, the victims’ commissioner for London, said many victims were unaware of their offenders’ impending release under the Government’s scheme that will see some 1,750 criminals freed early on Tuesday.
She warned it would be a “horrible shock” that could put them at risk as they would not have safety plans prepared or have accessed the support they needed to cope with their perpetrator’s release.
It comes as Charlie Taylor, the chief inspector of prisons, warned that the pace of preparing prisoners for release and setting up the scheme, which was announced just two months ago, “increased the risk of further offences” by the freed offenders.
He said he was “enormously concerned” that victims were not being prepared for their offenders’ release. 
“The last thing we want is people to be retraumatised,” he said. “We need preparation being done… so victims have been given sufficient warning that they know that the prisoner is going to be coming out.
“Accommodation is found in a place that is appropriate, that there are restrictions put in place so that people aren’t able to come into contact with former victims of crime.”
The 1,700 prisoners are being freed 40 per cent of the way through their sentences rather than halfway. It includes anyone jailed for under four years for violence, burglars and thieves but excludes sex offenders, terrorists and people convicted of domestic offences such as stalking or coercive control.
Charities have expressed concern that those released include offenders jailed for assault against their current or ex-partner unless they were also sentenced for a domestic abuse offence.
Victims are only entitled to automatic alerts on the release of an offender under the Government’s victim contact scheme if it was a violent or sexual crime for which the perpetrator was jailed for 12 months.
“There will be many for whom the release will come as a horrible shock – those who opted out of this scheme, weren’t aware of it, or weren’t eligible for it,” said Ms Waxman, herself a victim of stalking for 20 years.
“For example, a domestic abuse victim whose perpetrator receives less than 12 months for an assault would not be told about the early release and so won’t have prepared safety plans or accessed support, and now risks bumping into them in the street or at their home.”
Baroness Newlove, the victims’ commissioner for England and Wales, warned that leaving victims in the dark could undermine their trust in the criminal justice system.
“Clear and timely communication with victims is crucial to building trust and confidence,” she said. “From the beginning, I sought assurances that all impacted victims would be informed of any early release dates, affording them the opportunity to request protective measures.
“I understand this has not been possible in every case, leaving some victims unaware of their offender’s early release. While I recognise the challenges in reaching certain groups of victims, this is regrettable and must be addressed.”
Probation officers have warned that some sex offenders could also be released early, for secondary offences such as burglary or theft.
If they have served their jail sentence for the sex crime but have a consecutive prison term for burglary, for example, they will be entitled to be freed 40 per cent of the way through that period.
Tania Bassett, of the National Association of Probation Officers, said: “For their victim that meant their offender was going to be away for longer and they could feel safe but now that they are coming out earlier will make them more anxious.”
Prison governors are staggering the release of prisoners throughout the day, with particular attention focused on ensuring rival gang members are separated and not held in the same holding room at the same time to avoid violence flaring up.
Mr Taylor warned it was going to be a “risky time”, with probation officers responsible for supervising them facing staff shortages, “very large caseloads” of offenders and a disproportionate number of inexperienced staff.
“If people are coming out, they’re not properly prepared, and they’re homeless, then what we’ll see is the danger that they’ll commit more offences, or that they’ve breached their bail conditions, in which case they’ll end up back inside again,” he said.
Mr Taylor’s annual report revealed the crisis in the overcrowded prisons where 60 per cent had more offenders than they were designed for. 
Violence was up 20 per cent in a year fuelled by drugs. Half of inmates in some prisons were testing positive, while nine per cent said they developed an addiction while behind bars.
The chief inspector blamed the lack of purposeful activity and rehabilitation in jails, with prisoners spending up to 22 hours in their cells.
Shabana Mahmood, the Justice Secretary, said the report “lays bare the stark reality in our prisons, and the dire situation we inherited”.
“This Government will tackle the crisis head-on and today, changes will come into force to prevent a total collapse of our criminal justice system that would leave the public less safe,” she said.
“If we had not acted when we came into office, there was a real risk that the courts would have been forced to delay sending offenders to jail and police left unable to arrest dangerous criminals.
“This is a temporary measure, giving us time to set about long-term change in the prison system – building the prisons we need and driving down re-offending.”
By Claire Waxman
The Government’s SDS40 plan, which begins tomorrow, will see many offenders “serving standard determinate sentences” released earlier than their sentence set out.
It is a sad reflection on the state of the justice system, following more than a decade of mismanagement and chronic underfunding by previous Governments.
Difficult decisions like this one would not be necessary if we had a fully functioning justice system, but we find ourselves in extraordinary times.
This Government faces impossible choices in balancing the safety of victims and the public with the need to keep the justice system from breaking under the severe pressure it continues to be under.
This should be seen for what it is: a damning indictment of the underfunding and mismanagement of justice in this country.
These mistakes cannot continue to be made.
While the news of offenders being released early will be of great concern to many, we have worked closely with the Government to try and ensure that those who pose the greatest risk are excluded from these measures.
Offenders convicted of violent offences (serving over four years), sex offences, stalking offences, coercive control, and breaching a number of protective orders are all excluded from these measures.
Unlike schemes by previous Governments, SDS40 has provided the time for proper preparation work, and probation staff have been working around the clock to maintain public safety.
In London, we have worked together to ensure victims are informed and signposted to information and support, that robust licence conditions are in place to protect victims and keep the public safe, and that there is sufficient capacity to manage those who pose the greatest risk.
Of course, there will still be offenders released who are a cause for concern, and we have pushed for stringent risk management such as multi-agency protection arrangements and electronic tagging to ensure they are well managed.
Although these offenders will continue to be monitored on licence in the community, their release from prison will be a traumatic time for victims, and it is difficult to escape a feeling of injustice.
My chief concern remains the many victims unaware of their offender’s impending release. While all victims on the Victim Contact Scheme (VCS) should have been informed, there will be many for whom the release will come as a horrible shock – those who opted out of this scheme, weren’t aware of it, or weren’t eligible for it.
For example, a domestic abuse victim whose perpetrator receives less than 12 months for an assault (making them ineligible for the VCS) would not be told about the early release and so won’t have prepared safety plans or accessed support, and now risks bumping into them in the street or at their home. 
I’m angry that over a decade of neglect by previous governments – who have deprioritised justice and failed to address this inevitable crisis – has put victims of crime in this frightening position.
The early release of offenders is a tough but necessary decision that will help temporarily ease the overcrowding crisis in prisons, but it does not address the fundamental flaws of the justice system.
Victims still wait years for justice, funding shortages exist across the board, there are too few barristers and staff, the court estate is in a state of disrepair, prisons are near-full, and the Probation service is under-resourced and overstretched.
Our justice system remains in a precarious position, and if we want to keep the public safe, we need better support for victims, more timely and effective justice, and to transform our prisons to ensure that rehabilitation is the focus. If urgent reforms aren’t made, victims and the public remain at risk and will continue to suffer the consequences.
As Victims’ Commissioner for London, I will continue to use my position to advocate for the necessary changes, working with partners and with the Government.
Claire Waxman is the victims’ commissioner for London