Early Release: Risks Remain
Some offenders are now excluded. Other survivors are asking why their experiences are not considered serious enough
The Government has confirmed that changes to prisoner release arrangements under the Sentencing Act 2026 will now begin on 1 October 2026, one month later than originally planned.
Following sustained pressure from victims, bereaved families, commissioners and campaigners, those convicted of rape, grooming and certain serious child sexual offences will now be excluded from the changes.
That matters.
It shows that speaking out, challenging unsafe decisions and refusing to allow victims’ safety to become an afterthought can make a difference. But it does not go far enough. Domestic abuse perpetrators remain eligible for earlier release.
Domestic abuse perpetrators should not have been left out
Domestic Abuse Commissioner Dame Nicole Jacobs has strongly criticised the decision:
“The decision to not exclude domestic abuse perpetrators from this scheme is wrong and puts victims’ lives at risk.”
Under the previous SDS40 early release scheme, specified domestic abuse-related offences - including stalking, coercive or controlling behaviour and non-fatal strangulation - were excluded regardless of sentence length. Those protections were not carried forward into the Sentencing Act 2026.
Women’s Aid has also warned that the Government has failed to recognise the danger posed by domestic abuse perpetrators.
Farah Nazeer, Chief Executive of Women’s Aid, said it was “unacceptable” that domestic abuse offences had not been placed outside the sentencing changes, meaning perpetrators remain eligible for early release.
Women’s Aid warned that domestic abuse carries a high risk of repeat offending and that women and children who have escaped abuse could be confronted with it again, even after a perpetrator has been convicted and sentenced.
Domestic abuse is rooted in power, control and repeated patterns of harm. Prison does not automatically end that risk - and release can be a particularly frightening and dangerous moment for survivors.
Dame Nicole Jacobs has warned:
“It is critical that no abuser is released in October unless I am confident that victims’ safety is not being compromised.”
That must mean thorough risk assessments, properly resourced probation services, and release plans shaped by the reality of the risk each victim faces.
“Why are the offences committed against me not serious enough?”
The revised exclusions will provide reassurance to some victims and survivors. But they also create a painful dividing line between those whose perpetrators are excluded and those whose perpetrators remain eligible.
Sexual abuse survivor Vicki Crawford has asked:
“Why are the offences committed against me not serious enough?”
Her words expose what policy categories can fail to show. Behind every offence is a victim or family being asked to understand why the harm committed against them has been treated differently.
For those whose perpetrators remain eligible, this announcement may not feel like reassurance or progress. It may feel as though their experiences have once again been ranked, reduced or overlooked.
No survivor should be left questioning whether what happened to them was considered serious enough to warrant protection.
October must deliver more than a delay
Victims’ Commissioner Claire Waxman OBE has welcomed the delayed implementation but made clear that additional time alone will not protect victims.
“This additional time must now be used to urgently deliver the protections needed to keep victims and the public safe.”
For many victims, the possibility of an offender being released earlier than expected has caused renewed fear, shock and uncertainty. Some have been left without clear information about whether they will be affected, when a release may happen or what protections will be put in place.
Victims should not have to chase for information about decisions that could directly affect their safety. They need clear and timely communication, meaningful licence conditions, proper supervision and confidence that any breaches will be recognised and acted upon.
Women’s Aid has welcomed the package of victim support and strengthened community supervision, but has urged the Government to use the coming weeks to reconsider the inclusion of domestic abuse perpetrators and invest in long-term victim support and custodial reform.
M.Y.H’S VIEW
The decision to exclude those convicted of rape, grooming and certain serious child sexual offences is significant and necessary. It happened because victims, survivors, bereaved families, commissioners and campaigners refused to stay silent. But this remains a partial victory.
Domestic abuse perpetrators should have been excluded too. The danger someone poses cannot always be understood through an offence label or sentence length. Risk is personal, ongoing, and often best known to the victim living with it.
Victims did not create the prison crisis. Years of failures across prisons, probation and the courts cannot continue to be managed at their expense. The Government now has until October.
That time must be used to reconsider the inclusion of domestic abuse perpetrators, identify and contact every affected victim, listen to their safety concerns and ensure probation services have the resources required to manage risk properly. A delay is not protection. An apology is not protection. A press release is not protection.
