Victims who were not informed of their attackers are released from prison early

Probation officers warn that some sex offenders may also be released early for secondary offenses such as burglary or theft.

If they have served their sentence for the sex crime but subsequently served a prison sentence for burglary, for example, they are entitled to be released after serving 40 percent of the sentence.

Tania Bassett, of the National Association of Probation Officers, said: “For victims, it meant their abuser would be away for longer and they could feel safe. But now that they are getting out earlier, they are becoming even more anxious.”

The prison administration staggers the release of prisoners throughout the day, paying particular attention to ensuring that members of rival gangs are held separately and not housed in the same room at the same time in order to avoid outbreaks of violence.

Taylor warned that these were “risky times” as those responsible for supervising probation officers faced staff shortages, a “very high caseload” of offenders and a disproportionately high proportion of inexperienced staff.

“If people come out, are not properly prepared and are homeless, then there is a risk that they will commit further crimes or breach their bail conditions, in which case they will end up back in prison,” he said.

“Public safety is compromised”

Taylor's annual report revealed the crisis in overcrowded prisons, where 60 percent of the time there were more offenders incarcerated than the prisons were designed to hold.

Violence increased by 20 percent in this drug-fueled year. In some prisons, half of inmates tested positive and nine percent said they had developed an addiction while incarcerated.

The Chief Inspector blamed the lack of targeted employment and rehabilitation measures in prisons, where inmates spend up to 22 hours in their cells.

Justice Minister Shabana Mahmood said the report “exposes the harsh reality in our prisons and the dire situation we found.”

“This government will tackle the crisis head-on and changes will come into force today to prevent a complete collapse of our criminal justice system that would endanger the safety of the public,” she said.

“If we had not acted when we took office, there was a real risk that the courts would have been forced to delay the detention of offenders and that the police would have been unable to arrest dangerous criminals.

“This is a temporary measure that gives us time to tackle long-term changes in the prison system – building the prisons we need and reducing recidivism.”

Balancing public safety and a broken justice system

By Claire Waxman

The government's SDS40 plan, which comes into force tomorrow, will see many offenders “serving a standard determinate sentence” released earlier than planned.

It is a sad reflection of the state of the justice system after more than a decade of mismanagement and chronic underfunding by previous governments.

Difficult decisions like this would not be necessary if we had a fully functioning justice system, but we are in extraordinary times.

The Government faces impossible choices: protecting the safety of victims and the public, while preventing the justice system from collapsing under the enormous pressure it continues to face.

This should be seen for what it is: a damning indictment of the underfunding and mismanagement of the justice system in this country.

These mistakes must not be continued.

Traumatic time for the victims

While the news that offenders will be released early is a cause for concern for many, we have worked closely with the Government to ensure that those who pose the greatest risk are excluded from these measures.

Exempt from these measures are offenders who have been convicted of violent crimes (with a prison sentence of more than four years), sexual crimes, stalking crimes, coercive measures and violations of numerous protection orders.

Unlike previous governments' programs, SDS40 allowed sufficient time for appropriate preparatory work and probation officers worked around the clock to ensure public safety.

In London, we have worked together to ensure that victims are informed and have access to information and support, that there are strong licensing conditions to protect victims and keep the public safe, and that there is sufficient capacity to look after those most at risk.

Of course, there will continue to be offenders released who cause concern, and we are pushing for strong risk management, such as multi-agency safeguards and electronic ankle bracelets, to ensure they are well looked after.

Although these offenders on parole continue to be supervised in the community, their release from prison is a traumatic experience for the victims and it is difficult to escape the feeling of injustice.

“Terrifying situation”

My greatest concern remains for the many victims who are unaware of their perpetrator's impending release. Although all Victim Contact Scheme (VCS) victims should be aware, the release will come as a terrible shock to many – those who opted out of the scheme, were unaware of it or were not eligible for it.

For example, a victim of domestic violence whose perpetrator receives less than 12 months' imprisonment for an assault (and is therefore not eligible for the VCS) would not have been informed of the early release and would therefore not have made safety plans or sought help, and is now at risk of encountering the perpetrator on the street or at home.

I am angry that victims of crime have been placed in this frightening position by more than a decade of neglect by previous governments that did not prioritise justice and failed to address this inevitable crisis.

Early release of offenders is a tough but necessary decision that will help temporarily alleviate the prison overcrowding crisis but will not address the fundamental flaws in the justice system.

Victims still have to wait years for justice, funding is lacking everywhere, there are too few lawyers and staff, the courts are in a dilapidated state, prisons are almost full and the probation service is underfunded and overstretched.

Our justice system remains in a precarious state. If we are to keep the public safe, we must provide better support to victims, provide faster and more effective justice, and redesign our prisons to focus on rehabilitation. Unless urgent reforms are made, victims and the public will remain at risk and will continue to suffer the consequences.

As Victims' Commissioner for London, I will continue to use my position to work with partners and government to advocate for the changes needed.

Claire Waxman is Victims’ Commissioner for London