Five of the 37 prisoners who were mistakenly released under the government’s early release scheme are still at large, as authorities continue efforts to return them to custody. The Ministry of Justice (MoJ) revealed that these offenders were incorrectly freed due to a system error that resulted in their charges and convictions being logged under outdated legislation.
The MoJ admitted that the 37 prisoners were in jail for breaching restraining orders and were released erroneously after being charged under the Protection from Harassment Act 1997 instead of the Sentencing Act 2020. This error led to their sentences not being recognized as rendering them ineligible for the early release scheme.
While 32 of the prisoners have been successfully returned to custody, the whereabouts and progress on efforts to locate the remaining five individuals have not been disclosed by the department. The MoJ has stated that the offenders will serve the remainder of their custodial sentences and that steps have been taken to ensure future releases are accurate.
According to a MoJ spokesperson, the department is working with the police to promptly return the small number of offenders to custody. The convictions of these individuals remain valid, and they have been monitored since their release with plans for them to be back behind bars soon. Victims have also been informed of the situation.
The early release scheme was implemented by Justice Secretary Shabana Mahmood in response to prison overcrowding concerns. Around 1,750 inmates in England and Wales were released early as part of this initiative, which temporarily reduced the proportion of sentences that must be served behind bars from 50% to 40%.
The government’s handling of the early release scheme has faced criticism, with reports of individuals being freed without required monitoring tags and instances of misconduct by released prisoners. Despite efforts to prevent domestic abusers from benefitting from early release, not all offenders with a history of domestic violence are excluded from the policy.
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