Senior police and security leaders, including the head of the Met Police and an MI5 boss, have raised concerns about the government’s proposals to release some prisoners early.
In a letter to the Ministry of Justice, first reported by the Times, that was sent before the announcement on sentencing changes last week, they said that based on their understanding, the plans “could be of net detriment to public safety”.
The government argued many of their concerns had been addressed.
A source close to one of the signatories told the BBC it was sent not to oppose the government’s sentencing reforms or raise dissent. They insisted the letter was aimed at offering advice to support and shape the policy.
However, the letter raises several concerns, including the costs of electronic tagging and repeat offenders avoiding jail if there is a move away from short sentences.
“Even where that does not change their long-term behaviour, it provides the community with a sense of justice and temporary respite, stopping their offending during their prison term – a point often ignored in the current narrative on recidivism rates and short sentences,” they said.
Earlier this month, a government-commissioned sentencing review recommended releasing some prisoners after they have served a third of their sentence, in a bid to ease severe prison overcrowding.
It also said more offenders should be managed in the community rather than in prison.
Justice Secretary Shabana Mahmood accepted most of the proposals, but ruled out early releases for the most serious offenders, such as those jailed for terror offences.
Speaking to BBC Radio 4’s Today Programme, head of the Metropolitan Police Sir Mark Rowley acknowledged the government had a “difficult problem to fix” on prison overcrowding.
However, he said the proposed solutions would create extra work for the police, and added that there had been “no analysis” of the impact on policing.
Along with Sir Mark, other signatories to the letter include the deputy director-general of MI5; Graeme Biggar, the director-general of the National Crime Agency; Gavin Stephens, the chairman of the National Police Chiefs’ Council (NPCC); Vicki Evans, the national lead on counter-terror policing and Sacha Hatchett, the national lead on criminal justice at the NPCC.
The letter argued against early releases for “high-risk offenders”, terrorists, and those jailed under national security legislation.
“It is vital we retain sentencing that provides a strong deterrent to those who may be tempted to work on their behalf, and robust arrangements for managing these high-demand risk cohorts in prison and post-release,” they said.
They wrote: “On the basis of what we understand at the moment, we are concerned that the proposals could be of net detriment to public safety and certainty to public confidence in policing and the criminal justice system.
“We are not arguing for the status quo. But we have to ensure that out of court does not mean out of justice, and out of prison does not mean out of control.”
The government argued the proposals that were eventually announced had addressed many of their concerns.
Repeat offenders can still face short sentences under the changes, and terrorists will not be eligible for earlier release.
A Ministry of Justice spokesperson said: “This government inherited prisons in crisis, close to collapse. We will never put the public at risk by running out of prison places again.
“We are building new prisons, on track for 14,000 places by 2031 – the largest expansion since the Victorians. Our sentencing reforms will force prisoners to earn their way to release or face longer in jail for bad behaviour, while ensuring the most dangerous offenders can be kept off our streets.
“We will also increase probation funding by up to £700m by 2028/29 to tag and monitor tens of thousands more offenders in the community.”
Conservative leader Kemi Badenoch said: “Labour needs to get a grip on this. We need tougher sentences, to deport foreign criminals and build more prisons.”
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