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Commissioner says domestic abuse victims must be kept safe amidst response to prison overcrowding crisis

Date:16 JUL 2024
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The Government has announced plans to temporarily reduce the point at which prisoners are automatically released from 50% to 40% of their sentence, in response to the overcrowding crisis.

This will exclude anyone convicted for a sexual offence, stalking, controlling and coercive behaviour, non-fatal strangulation, breaches of restraining or non-molestation orders, or who received a sentence of over 4 years for a violent crime. The exclusion will also cover those currently required at conviction to spend at least two-thirds of their sentence behind bars.

Responding to the announcement, the Domestic Abuse Commissioner, Nicole Jacobs, says, “We should never have been in this situation. I remain concerned about the message early release sends and the impact it could have on victims.

“The safety of victims must be paramount. I welcome efforts made to mitigate the risks, and attempts to exclude those domestic abuse perpetrators convicted of more serious offences.

“However, we know from HM Inspectorate of Probation that one-third of those managed by probation were known domestic abusers, even when this was not their index offence. Coupled with findings that two-thirds of probation areas are not meeting standards of protecting the public, I renew my calls on the government to consider how this broader understanding of risk can be managed.

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“Victims – and the specialist services who support them – must be kept informed about early release plans, and offenders manged robustly in the community.

“This temporary scheme must be exactly that – temporary.

“The government must develop long-term solutions to this crisis that ensure that prison is used effectively for those individuals who pose the greatest risk. Prison places should be freed up by stopping victims of abuse from being incarcerated due to offending that was simply the result of the abuse they’d experienced. That’s why I continue to call for a statutory mitigating factor for victims who offend as a result of their abuse. Victims should be supported, not incarcerated, and places freed up for more dangerous offenders.

“We must remember that the current crisis occurs at a time where just 1 in 5 victims report to the police, and just 5% of police recorded crime results in a conviction.

“With efforts to build faith in the system, encourage victims to come forward, and improve outcomes, we can – and should – only expect convictions to increase.

“Victims of domestic abuse deserve justice. I look forward to working with the Government to deliver this.”

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